Breach of contract

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powderpuff2013

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Hi
I was just wondering if anyone would be able to help me. I have recently been on a course which is babtac approved.
I purchased a kit from them that was of poor quality which I complained about.
I have contacted citizens advice and they advised me to write to the person saying that it was in breach of the consumer rights act which I have done.
This hasn't got me anywhere.
The person has just been very rude and unprofessional.

Now I haven't received my certificate as I have made a complaint. I emailed again asking for it however she isnt going to give it to me. I have contacted citizens advice and they have said to write her a letter to say that this is a breach of contract.

I feel like I'm writing letters and not getting anywhere.
The next step is to take her to court which I'm willing to do but does anyone know if there are any other steps I can take before taking this route

I have now seen they have bad reviews online and there is another complaint on here about the quality of the kit.
I have also received emails between her and another student in error- the student was also complaining.

I paid for the course in cash but there is no denying I have paid as I have everything in writing.

Any help will be appreciated.
 
The whole point of writing is that you have proof of everything.

Stick at it and take her to court. I don't think there is a 'shortcut'.

Let this be a lesson and research a little better next time.
 
I would also contact BABTAC. If its an approved course they might be able to mediate on your behalf if you say you only did the course as they had approved it. Worth a try x
 
The whole point of writing is that you have proof of everything.

Stick at it and take her to court. I don't think there is a 'shortcut'.

Let this be a lesson and research a little better next time.


Thank you for replying. I will defiantly research better next time. Lesson learnt. I dont want to mention any names or say to much as she has already threatened to take me to court for slander. Apart from this post I haven't gone on any forums to tell of my bad experience. I just want to make sure that they can't do it to anyone else.
 
You could also try Trading Standards. If the kit was part of the course you paid for & isnt very good quality they may get involved.

Im sure theres been previous posts where someone complained to Trading Standards about the quality of a course she attended & as it was misdescribed she got a full refund. I know you havent mentioned having a problem with the course- only the kit, but might still be worth a go, even if it prompts the trainer to release your certs xx
 
I would write two letters to her, one regarding the poor quality kit telling her that you want it resolved within 7 working days or that you will be taking legal action.

In the other I would state that you want a copy of certificate within 7 working days or that you will be taking legal action.

Sometimes giving a time frame like that works.

DO you have the small claims court in the UK?
 
When you write letters you should CC in the other people involved (in this case Babtac and trading standards). You won't believe how quickly things start moving when you do that.
 
The girl who was on the course with me also complained as she wasn't happy with the kit. Luckily we exchanged details on the course. She contacted babtac and they told her to contact someone else. She can't remember who they said. I will try to call babtac when I get a moment.

I googled the contact details for trading standards however they give you the details for citizens advice as they don't take on individual cases :(.
I did want on a refund on the kit but now I'm more concerned about the certificate.

In the letters I have given a time frame however she has ignored this. I think she thinks I'm going to drop it. We do have a small claims court in the uk. It looks like the route I'm going to have to take.

I would love to CC babtac and trading standards however It doesn't look like they want to get involved as such. I will just have to take them to court. And then there is the worry that they won't turn up.

Thank u everyone that has taken the time to reply.
 
I forgot to mention, have you tried letting Habia know? I'm surprised at Babtac not getting involved...can I ask, is there a little more to this story? What makes you hesitant to name the tutor?
 
Oh no I totally forgot about habia. Iv heard of them but not really sure what they would do. I will give them a try as well. No not at all. I'm happy to share the emails between me and the tutor. The only reason I'm hesitant is because I don't want to get in trouble and do anything wrong. I don't want to get done for slander, although in sure it's by slander if it's true.
She has already asked the other girl on a course to sign a disclaimer to say that she wouldn't write bad reviews and then she would have to meet her in person to discuss a refund of the kit and to get the certificate back.
 
It's not slander if there actually was a problem with the kit in your eyes.
 
I'm surprised Babtac wasn't more helpful too! Surely they should have an interest in the behavior of trainers they have approved? ok there wasnt a problem with the course, but surely blackmail isn't a trait they want to encourage in the industry!

Have you found out what would happen if the other party didn't turn up in court? Would you automatically win by default? xx
 
Habia would probably say it's not in their remit I guess, but never any harm in trying. This situation does sound pretty bad, don't blame you for not wanting to go public. Really surprised at Babtac, not like them at all.
 
I haven't found out yet what would happen if she didn't turn up. I have a lot going on at the moment. I'm 8 months pregnant and in the middle of moving house. I'm also working 2 jobs so I'm a bit slow at trying to get everything done.

In the last email to me they wrote that they were in discussion if they should invite me back for a meeting to give me my certificate personally.

I think this is a scare tactic as I honestly don't understand why I would have to go there to collect the certificate. I haven't got anything to worry about, I just don't see the need and it does make me a bit uncomfy.

They mentioned past emails contained threats and allegations which are being investigated.

I have never made threats. I have kept it professional. Even when they have emailed me I haven't replied to everything as I feel as though the want to get the argument. I have mentioned seeing bad reviews online and this is when they seemed to get there back up. I have also just wrote in a letter that I will be taking it further.

They also mentioned contacting other training companies about alerting them about my behaviour.
I'm not worried about this as if anyone reads my emails they will see that I haven't done anything wrong.

On the attachment to this email was another students emails although it had my name on this reply. I wonder if she has her mixed up as this other student has said she is going to get her done for vat fraud. Although I don't think she has. I think i have been sent this In error as this case has since been resolved.
 
I'd like to point out if you pay and take this company to the small claims court and a representative of the company doesn't turn up the court will rule in your favour - just make sure you print out everything you have corresponded to the training provider with. I would cc your emails to t/s, babtac in every email you send whether or not they are interested. Trading standards will generally only get involved when they receive a certain number of complaints for the same company/product. Failing you getting any results Watchdog are always interested in companies like this that take money and don't provide the service/product paid for - one of my clients was on for a company who didn't deliver! X
 
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Don't go there in person to see them. It becomes tit for tat if you go to them in person. If you're going to take this further anyway, just put in writing that you have already made clear what the issue is and that for them to ask you to turn up in person is an insult to the fact that you've already stated what the issues are in writing.
 
That's good to know thank you.

I wouldn't go in person or not alone anyway as I don't see the need and id like someone as a witness.

I have since written another letter (on Monday) I'm still waiting for a reply. If I don't here from her soon I will be in contact with the companies mentioned on here.
 
Pursuing a claim through the Small Claims Court is actually relatively easy and your local CAB will help you fill in the forms.

Don't let their delaying tactics put you off pursuing a clam against them.

Grrr! I hate dodgy beauty training companies. That's what you get without proper regulation in the industry!
 
Pursuing a claim through the Small Claims Court is actually relatively easy and your local CAB will help you fill in the forms.

Don't let their delaying tactics put you off pursuing a clam against them.

Grrr! I hate dodgy beauty training companies. That's what you get without proper regulation in the industry!

You've got to be kidding, regulation is the cause of all these crap courses. It needs to go back to industry recognised quals imo, nvqs were never supposed to replace them.
 

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