Training Course Cancellation - Legal Position

[chim girl]

I've paid a reasonably large sum of money for a training course taking place next month. The transaction was done by telephone and the only confirmation I've had from the provider is an email with joining instructions and some (substantial) pre course reading. I've searched their website and cannot find any terms and conditions regarding cancellation. Does anyone know what my position would be should I need to cancel? Does the provider have any automatic rights?

Thanks

[mcflurry]

Usually they are on a prorated scale, depending on how much notice is given.

It may be better / possible for your company to send someone else on the course instead rather than losing the penalty..

[Jasper Gilder]

I'd go

[Chim Girl]

So, they could enforce pro-rata cancellation rates, therin lies the problem, the terms and conditions aren't stated anywhere. The purpose of my question was to ascertain if they have any immediate 'rights', particularly as the course starts June 5th.



Thanks for the suggestion, the course isn't funded by my employer, sending another delegate isn't an option.

Edited by Chim Girl on Wednesday 23 May 07:56

[Leftie]

Chim Girl said:

So, they could enforce pro-rata cancellation rates, therin lies the problem, the terms and conditions aren't stated anywhere. The purpose of my question was to ascertain if they have any immediate 'rights', particularly as the course starts June 5th.



Thanks for the suggestion, the course isn't funded by my employer, sending another delegate isn't an option.

Edited by Chim Girl on Wednesday 23 May 07:56

No terms and conditions suggests you can walk away. They may huff and puff but I had a shed load of work cancelled 2 days before it was due to start and there was nothing I could do because it was all done verbally and by email and the notion of cancellation didn't enter my head. I was told that I should have a T&C which they had acknowledged in some way which outlined the cancellation charges .

[JustinP1]

Leftie said:

Chim Girl said:

So, they could enforce pro-rata cancellation rates, therin lies the problem, the terms and conditions aren't stated anywhere. The purpose of my question was to ascertain if they have any immediate 'rights', particularly as the course starts June 5th.



Thanks for the suggestion, the course isn't funded by my employer, sending another delegate isn't an option.

Edited by Chim Girl on Wednesday 23 May 07:56

No terms and conditions suggests you can walk away. They may huff and puff but I had a shed load of work cancelled 2 days before it was due to start and there was nothing I could do because it was all done verbally and by email and the notion of cancellation didn't enter my head. I was told that I should have a T&C which they had acknowledged in some way which outlined the cancellation charges .

I think you got told something which was quite 'subjective' there!



If there is an offer, consideration and acceptance a contract is valid whether it is verbal, emailed, faxed, in a 100 page countersigned solicitors written document, or on the back of a fag packet.



Once the contract is formed *unless terms and conditions specify otherwise* then neither party has a 'right to cancel'.



For a party to back out, they will have to breach the contract. If this happens the other party can ask, or take legal action to force the other party to continue with the contract, or sue for financial damages from the breach of contract.



There are two things which stop the process of legal action from a breach:



1) Goodwill - do you want to 'burn' a valuable customer who they could do business with in the future?



2) The cost and hassle of legal action. If someone refuses to pay/fulfil then you have to take them to court which takes a lot of time and money. Thus the saying 'thowing good money after bad'.



Of course, 2) has helped spawn the custom of advance payments or deposits. If someone is paying in advance then they will make sure that they are not going to breach. Similarly, if a deposit is taken then in is generally understood that this will be lost.



In the OPs situation, the training company may indeed stick to their guns. I probably would in their position. Legally I am afraid that there is not much you can do to get around this apart from to use a possible promise of future work as a bargaining tool.

Edited by JustinP1 on Wednesday 23 May 19:49

[Leftie]

JustinP1 said:

Leftie said:

Chim Girl said:

So, they could enforce pro-rata cancellation rates, therin lies the problem, the terms and conditions aren't stated anywhere. The purpose of my question was to ascertain if they have any immediate 'rights', particularly as the course starts June 5th.



Thanks for the suggestion, the course isn't funded by my employer, sending another delegate isn't an option.

Edited by Chim Girl on Wednesday 23 May 07:56

No terms and conditions suggests you can walk away. They may huff and puff but I had a shed load of work cancelled 2 days before it was due to start and there was nothing I could do because it was all done verbally and by email and the notion of cancellation didn't enter my head. I was told that I should have a T&C which they had acknowledged in some way which outlined the cancellation charges .

I think you got told something which was quite 'subjective' there!



If there is an offer, consideration and acceptance a contract is valid whether it is verbal, emailed, faxed, in a 100 page countersigned solicitors written document, or on the back of a fag packet.



Once the contract is formed *unless terms and conditions specify otherwise* then neither party has a 'right to cancel'.



For a party to back out, they will have to breach the contract. If this happens the other party can ask, or take legal action to force the other party to continue with the contract, or sue for financial damages from the breach of contract.



There are two things which stop the process of legal action from a breach:



1) Goodwill - do you want to 'burn' a valuable customer who they could do business with in the future?



2) The cost and hassle of legal action. If someone refuses to pay/fulfil then you have to take them to court which takes a lot of time and money. Thus the saying 'thowing good money after bad'.



Of course, 2) has helped spawn the custom of advance payments or deposits. If someone is paying in advance then they will make sure that they are not going to breach. Similarly, if a deposit is taken then in is generally understood that this will be lost.



In the OPs situation, the training company may indeed stick to their guns. I probably would in their position. Legally I am afraid that there is not much you can do to get around this apart from to use a possible promise of future work as a bargaining tool.

Edited by JustinP1 on Wednesday 23 May 19:49

That may run counter to previous advice we have had on the issue of terms and conditions, for example with late paymnets when the notion of using the klate paymnet regs ghad to be in the T&C, not just on the invoice and the order??

[JustinP1]

Leftie said:

JustinP1 said:

Leftie said:

Chim Girl said:

So, they could enforce pro-rata cancellation rates, therin lies the problem, the terms and conditions aren't stated anywhere. The purpose of my question was to ascertain if they have any immediate 'rights', particularly as the course starts June 5th.



Thanks for the suggestion, the course isn't funded by my employer, sending another delegate isn't an option.

Edited by Chim Girl on Wednesday 23 May 07:56

No terms and conditions suggests you can walk away. They may huff and puff but I had a shed load of work cancelled 2 days before it was due to start and there was nothing I could do because it was all done verbally and by email and the notion of cancellation didn't enter my head. I was told that I should have a T&C which they had acknowledged in some way which outlined the cancellation charges .

I think you got told something which was quite 'subjective' there!



If there is an offer, consideration and acceptance a contract is valid whether it is verbal, emailed, faxed, in a 100 page countersigned solicitors written document, or on the back of a fag packet.



Once the contract is formed *unless terms and conditions specify otherwise* then neither party has a 'right to cancel'.



For a party to back out, they will have to breach the contract. If this happens the other party can ask, or take legal action to force the other party to continue with the contract, or sue for financial damages from the breach of contract.



There are two things which stop the process of legal action from a breach:



1) Goodwill - do you want to 'burn' a valuable customer who they could do business with in the future?



2) The cost and hassle of legal action. If someone refuses to pay/fulfil then you have to take them to court which takes a lot of time and money. Thus the saying 'thowing good money after bad'.



Of course, 2) has helped spawn the custom of advance payments or deposits. If someone is paying in advance then they will make sure that they are not going to breach. Similarly, if a deposit is taken then in is generally understood that this will be lost.



In the OPs situation, the training company may indeed stick to their guns. I probably would in their position. Legally I am afraid that there is not much you can do to get around this apart from to use a possible promise of future work as a bargaining tool.

Edited by JustinP1 on Wednesday 23 May 19:49

That may run counter to previous advice we have had on the issue of terms and conditions, for example with late paymnets when the notion of using the klate paymnet regs ghad to be in the T&C, not just on the invoice and the order??

That runs along *with* what I have said.



In that scenario you would have to warn of any particular penalties for late payment *before* the contract is formed, otherwise you are adding terms which have not been agreed if you 'tag on' penalties afterwards.



Note that in this example of late payment this refers to an example of something like "Payments made after 28 days are subject to a 10% surcharge". That would have to be agreed before the contract is formed.



Even if you dont have payment terms in your T&Cs you are still protected by common law in that the standard to be expected is 28 days/1 Month. From that time you would be quite entitled to expect interest.



This is in statute in the Late Payment of Commercial Debts (Interest) Act 1997. Overdue payments are subject to a minimum surcharge of £40 plus interest at 8% over the B of E base rate from the date the invoice is overdue.



I hope this explains the concept a bit better!