WA Australian Institute of Fitness - Cancellation Fee under Course Enrolment Contract?

[Leanne Brown]

Hi Hayley my son is going through same problems with AIF would you please tell me generally what was in your email to get them to cancel. They said they would send an extenuating circumstances form since my son has lot his job.

Regards

 

[MattE]

Hi Rhys ,

I too enroled to do master trainer and business course. Due to my financial and working life at the time, I deferred my course to try and do it at another date. This happened 3 times and then due to timing and financial difficulties, I informed them I would not go ahead with the course approx 2 months before I was meant to do it.

I paid a deposit of approx $1300 which I never even asked for it back just out of my good will, but then was told I would be up for the full extra $8000 due to the fact I had deferred, because I was working away in the mines at the time I had only had 1 face to face meeting for about 5 mins about what the go was with the course.

I received plenty of calls afterward from Aif threatening to go to debt collectors and I bluntly said I wasn't paying $8000 for 5 mins of their time. I recently went for a home loan and found that they have put it on my Veda records saying I owe as much.

When I spoke to the WA finance manager he was hard to deal with and told me even though in their fine print it says you may only defer once (they deferred me 3 times on request) it was out of their good faith and I replied , I've given you $1300 and not asked for it back for 5 mins of your time out of my good faith. (That wasn't enough for them)

In their contract it also says if I hadn't of deferred I would of been eligible for my deposit back .
I have seen previous posts about sending a formal complaint to head office which I will do tonight but wondering if you could suggest anything . I'm not sure of my circumstance is a lot different due to the fact they have defaulted me (since May 15).

Cheers

 

[Jariahus Falesima]

Hey @thelawbundle I'm in a similar situation where I enroled 11 days ago and paid a $500 dollar deposit but now I have to cancel due to personal reasons but they're saying I won't get any of the money back if I cancel. Can you please help or give me suggestions. It would be highly appreciated!! Thank you!!

 

[Leanne Brown]

Hi Jariahus

Ask for extenuating form but I am not after a refund of the deposit. I just want to cancel the contract.

 

[Jariahus Falesima]

Hi Jariahus

Ask for extenuating form but I am not after refund of deposit just want to cancel contract.

Am I unable to get refund at all? Thanks for the reply

 

[@thelawbundle]

Hi Rhys ,

I too enroled to do master trainer and business course. Due to my financial and working life at the time, I deferred my course to try and do it at another date. This happened 3 times and then due to timing and financial difficulties, I informed them I would not go ahead with the course approx 2 months before I was meant to do it.

I paid a deposit of approx $1300 which I never even asked for it back just out of my good will, but then was told I would be up for the full extra $8000 due to the fact I had deferred, because I was working away in the mines at the time I had only had 1 face to face meeting for about 5 mins about what the go was with the course.

I received plenty of calls afterward from Aif threatening to go to debt collectors and I bluntly said I wasn't paying $8000 for 5 mins of their time. I recently went for a home loan and found that they have put it on my Veda records saying I owe as much.

When I spoke to the WA finance manager he was hard to deal with and told me even though in their fine print it says you may only defer once (they deferred me 3 times on request) it was out of their good faith and I replied , I've given you $1300 and not asked for it back for 5 mins of your time out of my good faith. (That wasn't enough for them)

In their contract it also says if I hadn't of deferred I would of been eligible for my deposit back .
I have seen previous posts about sending a formal complaint to head office which I will do tonight but wondering if you could suggest anything . I'm not sure of my circumstance is a lot different due to the fact they have defaulted me (since May 15).

Cheers

Hi MattE& Jariahaus,

You have probably seen my first post in this thread, but just in case - I have included it below.

If you read the ACCC guide (see the link), you will see that AIF has most likely imposed an unenforceable term in their standard form contract. The remedies which you have are set out towards the end of the ACCC guide.

Practically, I recommend that you complain to the ACCC and/or write to AIF warning them that you plan to do this for the reasons set out in the ACCC Guide. You can visit your local community legal centre - they are likely to help you out with any issues you have drafting the letter.

I am particularly concerned about the registration with VEDA. You should ask AIF to remove this when you send your letter. if they refuse to remove that registration, let us know and we will need to look at other options for removing that.

"The AIF seems to have failed to acknowledge its obligations under the Australian Consumer Law (ACL) which, amongst other things, protects consumers from unfair contract terms, regardless of what a contract might say. Check out this resource: http://www.consumerlaw.gov.au/content/the_acl/downloads/unfair_contract_terms_guide.PDF

As well as possible infringements of the ACL, there are a number of other issues at play here including the issue of whether or not the AIF has imposed a 'contractual penalty' (which is not allowed).

You will note from that resource mentioned above that there a number of agencies who should be able to assist you in this circumstance, including the ACCC. It would be advisable for you to be proactive and contact agencies such as this, now. Hopefully, they will investigate and resolve this issue on your behalf.

Otherwise, the AIF may refer this matter to a debt collector as and when the contractual payment becomes overdue. You will still have options if that happens, including being able to plead aspects of the consumer law as a defence. If you need help at that stage drafting a defence, or generally, be sure to check out the community legal centres in your area.