IT training course problems

dariusUK

New Member
Mar 14, 2009
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Hi there,

my story is quite long, so I'll try to tell it briefly, though I don't know if it's possible:

In September 2007 I bought IT course from a well-known company. The contract lasts 4 years and for that time the company provides support. It is called "programming path". During my studies I found that I'm not really happy with it because the quality of materials were not satisfying (poor printed copy, errors in the materials - I found 3). In addition they've included materials that basically are not essential or needed for programming. Some are the basics and I understand that are needed to level up different people or introduce to IT, but the others are professional certifications (such as MCDST) that have nothing to do with the programming. But those surely take a lot of time to learn.
So I was confused what to do. I even considered changing the learning path and inquired them about it. But then I thought that I could abandon my studies. So I sent them an email asking for a refund (I've paid the whole amount in advance - about £6k) - it was December 2008. They sent me a template reply saying that I'm outside of cancellation period, they cannot find a justifable reason etc. I sent them another letter (recorded delivery) stating that materials contained errors, were not updated (missing CD but they provided me with a solution to that) and that I hadn't received all the materials (each part is supplied after completion of the previous one). I waited one month for the reply but this not happend. Then I called them up asking about it. The lady told me that they received the letter but unfortunately it went missing. But I spoke to customer service supervisor who told me exactly the same things as in the previous email. I requested a formal reply and then waited another 2 weeks. Then I got email saying the same things. After that I called Consumer Direct. I was advised to send another letter based on their template (stating the Supply of Goods and Services act 1982 explicitly) so I did. I emphasized the errors and the irrevelance of some of the materials. The day after I got reply stating that the information I gave them about errors was passed to the manufacturer and that they no longer use those materials. The materials were fit for puropose and that my claims of compensation and refund were not justifiable. Next call to Consumer Direct. Next letter. I qouted explicitly parts of the the Supply of Goods and Services act giving references for implied terms about quality (freedom of minor defects and fitness for purpose) and requesting remedies (reprinting materials, providing satysfing solution for including irrelevant materials). I even quoted Microsoft's website to prove that the MCDST part is not essential or needed for computer programming. I waited for about 16 days then sent them another letter saying that's the final one before court action if they do not respond. Today (the 14th of March) I got a response that they cannot amend materials because they are not manufacturers, that the errors do not affect student's understanding of a subject (I passed the mock exam, but anyway I already had that knowledge before but I haven't raised that issue) the material "is deemed fit for purpose". They basically ignore my references to the Supply of Goods and Services act and Microsoft's website.

I don't know what to do now. Hope you can give me a constructive advice.

Sorry for the long post:)
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Darius,

I think the only way you are going to resolve this is through the Small Claims Court. However, you could send them anther letter stating the "time is now of the essence" and you will me making a small claim unless this matter is resolved within two weeks of receipt of the letter.

The small claim process is a low cost option for claims less than £5000. I guess your claim would be for less than this as you have done some of the course. We have a guide here:

Making a Small Claim | Consumer Information

Good luck and let us know how you get one.

Tony
 

dariusUK

New Member
Mar 14, 2009
2
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0
Thanks Tony.

Going to the court is what I'm considering, but I would like to make sure that I have firm arguments backing me up.

An advisor from Consumer Direct told me that even if the materials are not suitable for the programming purpose but before I signed the contract I knew that those would be included, I can't do nothing. Is that true? I had only 14 days to cancel the contract (this is one of the clauses in the contract) and I couldn't evaluate the quality and/or fitness for purpose of the materials (take into account that materials are provided in parts).

At the top of that, do you see any chances of winning this case when going to the court?

Thanks for your help.

With regards, Darius
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Darius,

If you knew about the more general material you probably don't have a good case. Did you read the guide to making a small claim.
You would be advised to seek advice from a solicitor at the outset to get an understanding of legal aspects such as providing evidence, as well as court processes and putting realistic figure on how much to claim. However, they don’t need to be involved in the process itself, which will save you money.
It is impossible to say whether you have a case or not without reviewing all the evidence and a better understanding of the context.

Tony
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
As I said previously you need to send a "time is of the essence" letter before going down this route