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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I would like to know my chances of getting my money back

Customer Question

Hi I would like to know my chances of getting my money back for an online course in security in which I paid $1650 up front for and I have received no help for. I changed courses once from border protection to event security as I was getting no help for and in which she apologised to me for but would only change my course not give me a refund. The last message I got from her was back in June in which she said another lady will get back to me
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are they australia based?

Does the contract have a cancel clause?

Customer: replied 1 year ago.
Queensland and yes she told me I couldn't cancel but the story is the first course I chose was border security but I found it so hard it was like a business management course of how to run a team and a business I tried several times to ring my trainer leaving several messages so I rang Michelle she could see how many messages I had left so a couple days later she rang me and told me he had been sacked. I explained to her the course was too hard it was not what I was looking to do I just wanted to work as part of a team not run one I said I just wanted my money back she said she would get back to me on that as they don't usually refund unless there is special circumstances but she kept on apologising to me on his behalf saying it was not acceptable and it's not what they're about anyway she said to me no no refund but you can change ur course. But I thought yes alright and I changed to event security my new trainer rang me a couple days later and I explained to him that I had just changed courses and why, explaining the last one was too hard as it was like a business management course he explained that this course is very similar. I was not impressed and got back on the phone to Nicki she said Michelle was just in the toilet and she would ring me when she gets out .... That was 4 months ago and I never heard back from my trainer again either .... So I think these are special circumstances. I am a struggling single mum who just wanted to better myself by finally studying again after 20 plus years. I certainly cannot afford to say goodbye to $1650 with anything to show for it .. Thank you for listening
Expert:  Leon replied 1 year ago.

Good Morning

Have you paid of the whole course or just for the subject?

Customer: replied 1 year ago.
I paid for the course
Expert:  Leon replied 1 year ago.

Good Evening

How much have you started and or completed and how many subjects left to go?

Customer: replied 1 year ago.
I haven't done any of this second one there is about 15 units and the first one I completed one but all the rest were too hard for me
Expert:  Leon replied 1 year ago.

Good Evening

Ok but the semester has started?

I want to understand how many units you have completed, how many are in this semester that has started and how many left after this semester.

You cannot claim the money for the completed semester or the partly started one.

The balance that is still to start you can claim and if thet say the contract does not allow it is unfair and you can have it overturned.

Here is some information about unfair contracts

https://www.accc.gov.au/consumers/contracts-agreements/unfair-contract-terms

This is your option.

Customer: replied 1 year ago.
This is an online course so u can do it at my own pace they say u have a year to complete it but it should take u 3 months I haven't started any of it and there is 15 units
Expert:  Leon replied 1 year ago.

So you can start when you want?

How do you know it is too hard if you have not started?

This is going to be an issue with your reason.

You can complain to the Department of Consumer affairs in SA about them and ask for your money back.

Look at the link about unfair contract terms and check the Terms and conditions you agreed on.

This is what you have to do show it is unfair.