Supplier Dispute
Discussion
Almost two years ago I paid ~£6k for some training, the course delivery is modular and qualification demands attendance at a specific number of courses along with assessed coursework, all of which have to be completed within a 2 year period. Submitting work after the 2-year period incurs an additional fee and reapplication to the training company.
Part way through the course the training company changed the attendance requirements; requesting submission of assessed pre-course work 14 days before they would allow attendance. Next they changed the course booking process from email to post only. Subsequently I haven't been able to book any courses; initially they said they were fully booked or my form had arrived too late, thereafter they've completely ignored my booking forms, despite sending a scanned copy by email at the same time as posting. I have tried contacting them by phone on a number of occasions, but have yet to have a call returned. Now it is heading to the point where it is impossible for me to qualify within the 2-year period, as I haven't attended enough modules.
In their terms and conditions they offer a money back guarantee if you're at all dissatisfied by their training, however a condition is attendance at ALL of the individual modules, not just the mandatory ones required in order to qualify.
In August, October and November 2008 I sent letters to the company asking for a refund, stating that I thought they were being deliberately obstructive in order to prevent me completing my studies and then claiming under their guarantee. Once again, no reply. I have proof that they have received my letters as I sent them by recorded delivery. My last letter stated that I would instigate legal proceedings if they didn't respond within 28 days.
In the grand scheme of things I know it is only a small amount of money, but I'm just irked by them, so want to pursue it. I really believe they trade on the fact that people will just give up after a while, and they profit from that.
What do you think is the best way to proceed with legal action? I'm happy to spend money for a letter/advice from a lawyer, but doubt many would be especially interested, and wonder if it would be financially viable as it is such a small amount of money.
The only alternative seems to be small claims court/ Money Claim online service. Has anyone used it, if so, how was it? I have little faith in something that demands you condense your claim into 1080 characters to fit on a web form.
Part way through the course the training company changed the attendance requirements; requesting submission of assessed pre-course work 14 days before they would allow attendance. Next they changed the course booking process from email to post only. Subsequently I haven't been able to book any courses; initially they said they were fully booked or my form had arrived too late, thereafter they've completely ignored my booking forms, despite sending a scanned copy by email at the same time as posting. I have tried contacting them by phone on a number of occasions, but have yet to have a call returned. Now it is heading to the point where it is impossible for me to qualify within the 2-year period, as I haven't attended enough modules.
In their terms and conditions they offer a money back guarantee if you're at all dissatisfied by their training, however a condition is attendance at ALL of the individual modules, not just the mandatory ones required in order to qualify.
In August, October and November 2008 I sent letters to the company asking for a refund, stating that I thought they were being deliberately obstructive in order to prevent me completing my studies and then claiming under their guarantee. Once again, no reply. I have proof that they have received my letters as I sent them by recorded delivery. My last letter stated that I would instigate legal proceedings if they didn't respond within 28 days.
In the grand scheme of things I know it is only a small amount of money, but I'm just irked by them, so want to pursue it. I really believe they trade on the fact that people will just give up after a while, and they profit from that.
What do you think is the best way to proceed with legal action? I'm happy to spend money for a letter/advice from a lawyer, but doubt many would be especially interested, and wonder if it would be financially viable as it is such a small amount of money.
The only alternative seems to be small claims court/ Money Claim online service. Has anyone used it, if so, how was it? I have little faith in something that demands you condense your claim into 1080 characters to fit on a web form.
Statutory Demand will get thier attention & is simple to issue (no solicitors required). Basically if they don't respond in 18 days you can start winding up proceedings & have bank accounts frozen.
Means you will have to spend a few hundred quid though up front. Are you seeking recovery of full 6k ?
Means you will have to spend a few hundred quid though up front. Are you seeking recovery of full 6k ?
Hobo said:
Statutory Demand will get thier attention & is simple to issue (no solicitors required). Basically if they don't respond in 18 days you can start winding up proceedings & have bank accounts frozen.
Means you will have to spend a few hundred quid though up front. Are you seeking recovery of full 6k ?
Chasing this debt is a point of principle, so I could offset the cost of training materials and the course I attended, to bring it under £5k, therefore being permissible under small claims.Means you will have to spend a few hundred quid though up front. Are you seeking recovery of full 6k ?
A statutory demand is certainly an option, although I do wonder if this could prejudice my case if I have to go to court. Certainly when I worked in banking, it was deemed to be a last resort as the courts viewed it as a bullying technique. Although you've made me reconsider this route, I forget that I'm not part of a huge organisation any longer, instead I'm issuing action against one. Good point Hobo.
Without naming names, why not tell us a bit about this organisation? Are they still trading? Do they have any money? From your description it sounds like these are real questions.
It's all very well having a valid claim, but if they don't have any money then you are wasting your time.
It's all very well having a valid claim, but if they don't have any money then you are wasting your time.
singlecoil said:
Without naming names, why not tell us a bit about this organisation? Are they still trading? Do they have any money? From your description it sounds like these are real questions.
It's all very well having a valid claim, but if they don't have any money then you are wasting your time.
Large organisation, still trading, from an external perspective they would appear to be solvent, although I don't have a set of accounts to verify that. They're still running advertising campaigns in trade magazines offering enrolment for the same course, so it appears to be business as usual.It's all very well having a valid claim, but if they don't have any money then you are wasting your time.
I contacted someone who enrolled at the same time as I did, strangely she's "given up on the course", when asked why, she said that she was falling behind with her studies because she couldn't attend modules; the hassle wasn't worth it, so she's written the money off as a loss.
The court will want to see that you're using them as a last resort. I would write to the supplier explaining the position as you see it rather than just commence proceedings against them. I had a similar situation with a car dealer that never answered my letters although by some spooky coincidence I had a next day response to the one marked without prejudice. You're right to stick at it though, this kind of head in the sand stuff goes on because some people give up.
Steve.
Steve.
I'd personally write to them stating that if they fail to respond within 7 days you are to start legal proceedings to recover said monies, including interest accuring at 8% above base as per xxx, and staturory compensation.
May also be worth mentioning that you are not aware of any dispute on the account, however if there is what is it ?
Other option is to get a third party to deal with it, as I have found that threats from other parties seem to get things moving quicker.
Stat demand still quickest though & certainly gets thier attention (and hits thier wallet where it hurts just to get it set aside, etc).
May also be worth mentioning that you are not aware of any dispute on the account, however if there is what is it ?
Other option is to get a third party to deal with it, as I have found that threats from other parties seem to get things moving quicker.
Stat demand still quickest though & certainly gets thier attention (and hits thier wallet where it hurts just to get it set aside, etc).
I only responded to this as has an payment for 30k become due last week (the previous 5 payments from this company being later and later, the last being 5 weeks late) & client told me that 'we will hopefully pay you in next few weeks'.
I only threatened this option yesterday and got a responce within 4 hours asking to attend a meeting at thier offices this morning. Payment was agreed in full this Friday, however it became clear they were unhappy with me threatening to go down this route & that there will be no future works. My reply was why do I want to work for people who don't pay in time ?
I've become sick of it & have lost around 40+ in last 6 months by being 'nice' and letting things ride for months on end, only for company to go bump. If I'd have started recoveries earlier I 'may' have had a chance of getting paid.
I only threatened this option yesterday and got a responce within 4 hours asking to attend a meeting at thier offices this morning. Payment was agreed in full this Friday, however it became clear they were unhappy with me threatening to go down this route & that there will be no future works. My reply was why do I want to work for people who don't pay in time ?
I've become sick of it & have lost around 40+ in last 6 months by being 'nice' and letting things ride for months on end, only for company to go bump. If I'd have started recoveries earlier I 'may' have had a chance of getting paid.
Chim Girl said:
Hobo said:
Statutory Demand will get thier attention & is simple to issue (no solicitors required). Basically if they don't respond in 18 days you can start winding up proceedings & have bank accounts frozen.
Means you will have to spend a few hundred quid though up front. Are you seeking recovery of full 6k ?
Chasing this debt is a point of principle, so I could offset the cost of training materials and the course I attended, to bring it under £5k, therefore being permissible under small claims.Means you will have to spend a few hundred quid though up front. Are you seeking recovery of full 6k ?
A statutory demand is certainly an option, although I do wonder if this could prejudice my case if I have to go to court. Certainly when I worked in banking, it was deemed to be a last resort as the courts viewed it as a bullying technique. Although you've made me reconsider this route, I forget that I'm not part of a huge organisation any longer, instead I'm issuing action against one. Good point Hobo.
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