UKC

My adult son has just signed up for an online training course costing £295. It was advertised as a something that would help him get a job in teaching. Its not a scam, in as much as he course exists. To my knowledge, he wasn't unduly pressurized (no need, he's gullible!) its just that there is no need for a course like this as there are well established routes into teaching.

When he rang back ten minutes later to ask for a refund he was told because the course materials were already sent out (by email) he was only entitled to a £70 refund. What are his rights? I've looked at Citizens Advice website and obviously there is a 14 day cooling off period but according to the person I spoke to from the training company my son "asked" for the materials to be sent out. He was keen to emphasize this so I assume this is significant. Obviously there are all sorts of arguments about how the course material is worth three times as much as the actual delivery of all the modules in an online class but I doubt value for money arguments really have any material effect. I assume for online goods things are different?

In reply to Tyler:

What course is this? The normal routes into teaching - PGCE, teach first etc don't require this.

In reply to Tyler:
Is there any way in which you could find out whether people who ask for the course materials to be emailed are told that they'll lose £225 as a result if they cancel attending the course, in a way which doesn't potentially involve arguing over the phone?

In reply to Paul at work:


Quite, it's of no value to anyone wanting to be teacher.

In reply to Tyler:

Did he pay by credit card? He should contact his credit card supplier and get them to reverse the payment based on the 14 day rule.

But if not - worst case, maybe the materials might be useful if he is serious about becoming a teacher?

In reply to Tyler:
It will depend on what he signed.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regula...

"Cancelling digital downloads

The Consumer Contracts Regulations contain specific provisions for digital content.

Retailers mustn’t supply digital content, such as music or software downloads, within the 14 day cancellation period, unless the consumer has given their express consent to this happening.

The consumer must also acknowledge that once the download starts they will lose their right to cancel.

If a consumer doesn’t give their consent, they have to wait until the cancellation period has ended before they can download the digital content.

This is to ensure the digital content is what you want before downloading it."

Sounds like he gave express consent. Sorry.

In reply to Tyler:
Thanks all, I've listened to the taped(?!) conversation and in a court of law a skilled barrister could get the money back but I don't have the time to pursue this avenue and if I left it to my son we'd probably end up owing a fortune to some no claim no fee solicitors! Best left as lesson learnt for son.

In reply to Tyler:


Well if your son didn't give express permission for that to be shared with you, you (erm, he) could always go after the firm for a violation of the Data Protection Act 1998...

Further, in your OP you stated the text below. If your adult son hadn't authorised them to speak with you, then this is a clear violation of the DPA 1998


Think about it - would to use want a private conversation between you and a company to be disclosed to an unverified third party claiming to be your father? These laws exist for a reason. My understanding is that if your son hadn't given them permission to speak to you, their simply admitting to having done business with your son could be a violation of the DPA 1998.

This obviously changes if he has authorised them to speak with you...!

You might advise your son to contact his credit card firm to enquiry about options - unlikely to help but at worst they do nothing.

You might consider if it's worth reporting the firm's advertising to the Advertising Standards Authority. It won't get your son's money back, but it might be the right thing to do.

In reply to wintertree:

I wonder if the son recorded it? Otherwise yes they dropped a big dodo if they replayed the conversation without consent.

In reply to Tyler:

I would call your bank and see what they say. They have the ability and the inclination to yank back any money paid by credit card first and ask questions later. While some of the arguments given to you against a refund sound plausible, the bank or credit card provider will know the truth. If they are scammers, they won't argue with the credit card company.

In reply to Tyler:

If it's affordable in the scheme of things, I guess it could be best left a lesson even if you might get the money back?

I used to be quite gullible until I got ripped off, or bought in haste (both of them). Now I try to stay uncynical when I don't know anything about people, or watch them carefully while being unobserved.

Such is adulthood I guess, it can tricky to 'stay open' as a personality and survive too.

In reply to Tyler:

If his consent to the download did not include knowing that money could be withheld in the invent of cancelation, it was not informed consent and therefore worthless.

In reply to Tyler:

The money is lost. We all make mistakes. Not worth the time or bother.