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Do I have to go on paying?

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  • Do I have to go on paying?

    Hello,
    I have terminated a training course after a few months but the institute wants me to pay a full years fee. There is nothing explicitly written in the agreement form about going on paying after early termination. I have also spoken to a former member who cancelled after one workshop and who said she didn't have to pay more than the first monthly instalment.
    Do I have to go on paying?


    Here is an excerpt from the agreement form:
    "I realise that I am responsible for the training fees and membership fees for this training year and that not paying them will jeopardise my place on my course. I understand that training fees and membership fees become due as soon as I attend a workshop.
    If I find that I am unable to pay all or part of my training fees for this year I will immediately contact my course convenor and agree a new payment plan. This payment plan must be confirmed by an email from my course convenor or the office administrator. If I stop paying and do not contact my course convenor, or I renege on any new payment plan agreed then:
    I will receive two requests for payment (these may be verbal, by text or by email).
    I will receive a final request for payment by letter or email.
    Following this, if I have not recommenced paying my fees - either as the original monthly payments or on a payment plan agreed with my course convenor and confirmed in writing - then I realise I will no longer be able to attend workshops. This means that to complete my training I will have to make up the training hours and I will have to pay extra for them.
    I understand that I cannot complete my training course with monies owing to x. I understand that if I leave my course with monies owing to x, I will be pursued for those monies (this may include legal action on x part)."

    I'm grateful about every advice!
    Tags: None

  • #2
    Hello everyone, I recently moved from Germany to the UK. I've joined this forum due to having problems with my former training institute. They want me to go on paying training fees after termination despite nothing explicitly was written in the agreement form.
    I hope you can help me : ).

    Comment


    • #3
      Hi and welcome.

      I presume the training institute was based in Germany?
      Were you employed by the institute?
      Was the agreement based on German law?
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.



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      Comment


      • #4
        Hello! Thanks for your answer.
        The training institute is located in the UK.
        The strange thing is, my fellow trainee member signed the same paperwork and could drop out without paying them fees for a year. When I asked them about it, they just responded that they are not willing to discuss this with me.
        I thought unti now that if they want to charge a student for a full years fees, they must clearly write this. I have read other contracts from similar institutions where it was explicitly stated that if you leave early, you have to pay for a certain amount of time.
        Thanks

        Comment


        • #5
          Would you be able to post up the contract redacted of any personal information. I can then review and come back to you but that may not be until tomorrow.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment


          • #6
            Thank you, I have uploaded the contract.
            Your advice is much appreciated.
            Attached Files

            Comment


            • #7
              Is there a term in the contract that you’re using to terminate? A clause forcing you to pay for the remainder of the term of the contract is likely unlawful, provided you entered the agreement as a consumer and not a business.

              Comment


              • #8
                Originally posted by CLL1 View Post
                Is there a term in the contract that you’re using to terminate? A clause forcing you to pay for the remainder of the term of the contract is likely unlawful, provided you entered the agreement as a consumer and not a business.
                Just curious to why you think it would be unlawful?

                For e.g a university student who decides to terminate still has to pay for the full year.
                The information I supply is provided for informational purposes only and, should not be construed as legal advice.

                Comment


                • #9
                  Hello, thanks for your replies.
                  I entered the contract as a private person, as a trainee therapist. The venue is a 2 hour train ride away from the city I'm living in. I found out that Im pregnant shortly after starting to train and can no longer come to the training due to looking after the child.

                  There is no clause that explicitly stated if you cancel your training, you have to pay the full fee for one year. Also, my fellow trainee terminated her membership as well, signed the same paperworkand didn't pay any extra fees. Now they expect me to pay over £1.500.
                  I uploaded the contract.
                  Attached Files

                  Comment


                  • #10
                    Sorry I forgot to write, there was no term in my contract I used to terminate.

                    Comment


                    • #11
                      Hello, I just want to add something more. Not sure if it makes a difference in this case but here goes.
                      I entered the contract as a private person, as a trainee therapist. The venue is a 2 hour train ride away from the city I'm living in. I found out that Im pregnant shortly after starting to train and can no longer come to the training due to looking after the child.
                      The training dates start on Friday and my partner can't take days off.
                      Thanks

                      Comment


                      • #12
                        In a nutshell you owe the money for the full course and can be pursued for the amount that you have left to pay.

                        ''I realise that I am responsible for the training fees and membership fees for this training year''
                        ''I understand that training fees and membership fees become due as soon as I attend a workshop''
                        ''I understand that if I leave my course with monies owing to x, I will be pursued for those monies (this may include legal action on x part).''

                        You understood the training fees were for the full year, you understood they became due as soon as you attended the first work shop. And you understood if you left you course before the year this money would still owed and you would be pursued for that money owed.

                        I would advise speaking to the course provider and seeing you can come to a mutual agreement but if not its very likely you will owe the money.
                        The information I supply is provided for informational purposes only and, should not be construed as legal advice.

                        Comment


                        • #13
                          Consumer Rights Act 2015 schedule 2 lists examples of terms which could be considered unfair.
                          No, 5 is appropriate I think

                          Comment


                          • #14
                            Hello DES8, thank you! That really makes sense.

                            James, I don't think it's that easy. In every other contract (e.g. tenancy agreement) it is stated clearly what you have to pay if you're cancelling/termination of the contract. I also can't go to the training venue anymore and not in the future.

                            Comment


                            • #15
                              Originally posted by katxholiday View Post
                              Hello DES8, thank you! That really makes sense.

                              James, I don't think it's that easy. In every other contract (e.g. tenancy agreement) it is stated clearly what you have to pay if you're cancelling/termination of the contract. I also can't go to the training venue anymore and not in the future.
                              Unfortunately that is not the case here, there is no termination fee included in your contract.

                              It may be deemed an unfair term that the money owed is disproportionately high but in my opinion I would say its not disproportionately high. Coupled with the fact you freely and willingly signed the form (i assume you did freely and willingly sign), by signing you agreed to those terms contained in the form whether you read it or not. My interpretation of the form is that if you leave the course early you will be pursued for the outstanding amount owed.

                              I appreciate its not what you want to hear but its what I believe to be the case.

                              I would wait for someone who may be able to shed some more experienced and knowledgeable light on the situation.


                              The information I supply is provided for informational purposes only and, should not be construed as legal advice.

                              Comment

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