Breach of contact online course

[PenAndPencil]

Hi there,

 

Subject: I believe I have a case of breach of contract against an online course provider.

Particulars: 18 week editing course with 3 lots of tutor feedback promised at certain points in the course. Each lesson is unlocked as the course progresses. Tutor feedback is the issue.

 

The first bit of tutor feedback was a 20 minute skype call at the start of the course. It ended up being about the course itself rather than editing the manuscript. I asked the tutor to record the skype call but she couldn’t work the software so it wasn’t recorded. In effect, I have no record of the discussion. 

 

Three months into the course, the tutor changed the second lot of feedback to a Q&A and rescheduled it to AFTER the end of the course. I have a screen shot of the written post from the tutor clearly stating this alteration. So, not only has this second lot of feedback now become a Q&A there is no feedback, again. She wrote that it’s to give students a chance to ask questions about the report (next).

 

The third and final lot of feedback — is in the form of a report on the edited manuscript. It is sent out 4 weeks after the end of the course. This timeframe of the report was included in the original course description. However, by moving AND transforming the second lot of feedback to AFTER the report comes out, it appears as though this course has been unofficially extended to 24 weeks. I mentioned this, but they do not agree that the course is extended. 

 

After they altered the second lot of feedback, I made a complaint. I stated that, I have not received tutor feedback/critique on my edits. I have no clue what I’m doing. The other students in the course have struggled along too and we have given each other critique as we are expected to do. However, it is not a high standard and it’s like the blind leading the blind.

 

All for the sum of £1,800!!!  

 

In the end, I asked for my money back. Of course they have refused. They have claimed I have benefited from the course and that I have availed myself of the course materials, hence I am not entitled to a refund. I countered that by saying they have changed the feedback and shoved the timetable around. They refuse to acknowledge that. I also complained that the Q&A falls outside of the official course dates and we are all vulnerable.  

 

I made an initial complaint In December. We were in dispute using their own complaints process under their terms and conditions — all to no avail.  In that time, lessons were unlocked.  They are now saying that because I had access to the lessons and I am now not entitled to my money back. I wrote to let them know that I only remained enrolled to keep the complaints process going under their terms and conditions. They gave me a copy of my login activity - for the period after I made my initial complaint. I had to go into the class forum to screenshot the evidence (tutor post, and other students’ comments, terms and conditions of the course, course description, aims etc). 

 

When it was clear they were dragging the complaints process out, so that more classes became unlocked, I asked them to withdraw me and I sent them a pre-small claims court letter.

 

1/ Do I have grounds to ask for the full refund at this point?

2/ By switching the Q&A to after the end of the course, is it also a breach? It is advertised very clearly that this is an 18 week course.

3/ I don’t want mediation - but am happy to hear your opinion on that.

4/ The pre-court letter gives them 28 days to respond before I file a claim. If anything, I suspect they will continue to refute or offer a tiny token of a settlement. Can I file sooner than 28 days or do I just wait it out?

 

Thank you in advance for any advice you can give. 

 

[shamrocker]

Is a refund the only possible resolution to your grievance?

[PenAndPencil]

Good question!

 

I would say at this point yes.

[shamrocker]

Do you think a judge will see it the same way?

 

Sorry for not being particularly helpful at this stage.

[PenAndPencil]

I appreciate your asking - no worries.

 

I could imagine that a judge could ask them to offer some replacement service. Since I've never sampled their feedback or critique service, I don't know if it's worth all the time and money I've already wasted. 

 

 

Edited January 23, 2020 by PenAndPencil

[shamrocker]

Mods will probably move your thread over the the General Legal forum - just in case it happens and you get confused.

 

I'm not even mildly clued up on a dispute of this nature, but you'd need to compare benefits they were contractually required to deliver against what you actually did receive. Without seeing the T&Cs and course schedule, as well as their complaints policy, it's difficult to say at a glance what scope you'd have to sue them. Others on here will hopefully be able to advise better.

 

You should wait out the number of days they've been afforded in your pre-action letter.

[PenAndPencil]

I appreciate your response.

 

Thanks for the heads up on the possibility of the thread getting moved. That’s cool. I wasn’t sure which forum to put it in so it’s totally understandable.

[AndyOrch]

Topic moved to General Legal Issues.

[dx100uk]

name names please...

 

how did you pay?

 

 

[PenAndPencil]

I intend to name names when this is over. 
 

I paid via credit card. I lodged a dispute with the credit card company under section 75 first but they declined to find fault. 

Edited January 24, 2020 by PenAndPencil