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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2412
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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An institution cancelled my course and placed me on another.

Customer Question

An institution cancelled my course and placed me on another. When I cancel, I am told to pay cancellation fee
Student numbers DV2015-0763 vs AF2015-0555 one cancelling the other
Submitted: 5 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 5 months ago.

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

It depends on what your contract with the institution states regarding their right to cancel courses. However, I am of the opinion that they cannot place you onto a course, if that is not the course you want to do. If the courses are similar, then (as I mentioned) you will have to look at their rights in terms of your agreement.

BUT, I would venture that you did not cancel anything, and thus you do not need to pay any cancellation fee - the institution cancelled, and consequently, they will have to refund you whatever you have paid, without deduction.

The other question obviously would be what your actions were at the time when they informed you that they are cancelling your nominated course and placing you onto another course - did you accept that and later decide that is not what you wanted to do? Were you initially given the option of being placed into a different course or to be refunded? And if so, did you choose to do the other course?

All these will answer what your rights are - I would suggest that if you were never given the choice whether to proceed on another course, then you will be fully withing your rights to reclaim whatever you may have paid, and you will not be liable to pay anything to cancel (as in fact they cancelled, and not you).

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.


Expert:  Freddie Lombard replied 4 months ago.

Good afternoon,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.