Do I have to go on paying?

[katxholiday]

Thank you very much for your help CLL1. I will definitely have a look into it.
Yesterday I got another reply from a solicitor. "We can legally rescind the agreement for you and you don't have to pay."
Hope everything works out.

[des8]

Thank you very much for your help CLL1. I will definitely have a look into it.
Yesterday I got another reply from a solicitor. "We can legally rescind the agreement for you and you don't have to pay."
Hope everything works out.

That is a very interesting comment.
When a contract is rescinded the contract is set aside and the parties are put back into the position in which they were before the contract was made

Please keep us informed of the progress of the matter

[james_law]

That is a very interesting comment.
When a contract is rescinded the contract is set aside and the parties are put back into the position in which they were before the contract was made

Please keep us informed of the progress of the matter

Yeah i think its rather weird. As Des pointed out rescind puts you back to the point if the contract never took place. So basically that means you should receive all the money back that you have paid.

Can you ask the solicitor or do you know on what grounds they are able to rescind the contract?

[katxholiday]

Hello there, just a short update.
I haven't hired any solicitor yet. The institute didn't come back to me yet. Nevertheless , I got this email response from another solicitor today.

"The Finance & Ethics Agreement provides that the training and membership fees become due as soon as you attend a workshop and I understand that to mean the fees for the full year. There is no provision in the documents you have sent me relating to the position if you terminate the course.
The 2015 Act applies to terms of the contract which may be regarded as unfair and the only applicable term in your case is full fees become due as soon as you attend a workshop. The question therefore is whether this term is unfair within the meaning of the Act. I think there is an argument that paras 5 and 6 of Schedule 2 Part 1 apply and consequently the term would be unenforceable."

[des8]

Thanks for the update
So basically in agreement what I and CLL1 were suggesting

[katxholiday]

That's true! Thanks guys for your help and advice.
Do you think the institute will try to enforce the money despite these arguments? I surely hope not...

[des8]

Can't tell, just have to wait and see

[katxholiday]

Aww thanks DES8. I'm a bit impatient I have to admit.
Would you say that in case of a trial, these arguments referring to the 2015 Act are strong enough in this issue to have a realistic chance of winning the case?

[des8]

If they decide to initiate a court action is the time to write the defence.
Not until they present the case can you defend yourself, but on the matter as you have presented it, given a robust defence IMO you would have a fair chance of succeeding

[katxholiday]

That sounds good. I'm thinking of transferring my training venue to the town where I live. It might be possible to go on with the training here and training sessions are only at the weekend where my partner could look after the baby. It wasn't a good idea from the start to pick a training institute that requires a long commute and accommodation over several days despite being seemingly less expensive. Just hope things will work out. x