Good day,I would like some legal advice....

Asked by Gina on 31-10-2022 09:54:13
Question posted in the Consumer Protection Law category relating to Gauteng

Good day,

I would like some legal advice. In 2021, I registered with Intec College (part of the Educor Group) for a course. After endless problems with assignments not marked and incorrect exam dates given, I decided to deregister. I filled in the forms and emailed them and in October 2021, I was granted the deregistration and send a comfirmation letter via email.

According to the contract, students have to wait 90 days to be refunded. This would have taken my refund date to January 2022. I am still waiting. I have contacted them countless times. They don't answer emails, or the standard response is: we are aware and we are escalting the issue. I even contacted the DHET - they answered the Director General's letter and said that the case will be closed and I will be contacted about my payment date. I heard nothing back. 

The amount I am due to be refunded is R6,700. I would like to know, from a legal perspective, it it worth trying to get my money, or would the legal fees outway the payment? What are my options? 

Message from the Lawyer

Posted by Att. Patrick on 17-11-2022 20:08:58

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

Have you thought about suing them in the small claims court for the return of your money? Would you like further information about that process?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

Message from the client

Good day.

Thank you for responding. Yes, I am considering suing them in the small claims court and I would like further info on the process.

Message from the Lawyer

Posted by Att. Patrick on 23-11-2022 13:52:37

You take the matter to the Small Claims Court and issue summons from there. The small claims court is based at your local magistrates court. That's where you will need to go to first. 

The clerk of the small claims court will be able to assist you with the correct forms and assist you in completing the claim form. The forms needed will be a combined summons and then a particulars of claim (or a statement of claim).

You need to do this without an attorney that will save you time and money.

You can read up here to find out more information from the Department of Justice's website.

You can also see for details on where to find a court near you and you can then institute the action.

The good part is that it is a quick, cheap and simple procedure. The other good part is that attorneys are not allowed there. The court is headed by a commissioner who is entitled to make a decision which is then legally binding on both parties!

Before you issue the small claims court summons, you must be sure that you have already demanded payment from them. If you've demanded payment in writing, and they have not paid you, then go with the summons.

In the particulars of claim you will need to set out the whole story as to entering the agreement, terminating it, then focus on their obligation to refund you and that they haven't refunded you. That's the important part. 

The sheriff of the court will then serve the summons on the company. The company will then need to appear before a commissioner, who will make a decision on the matter after listening to you.

The commissioner will then issue a warrant of execution, which will allow the sheriff to attach their stuff to sell it in execution! 

Message from the client

Thank you very much! Just a last question, the initial letter that I send, asking them to pay me - can this be emailed or must it be a physical letter?

Message from the Lawyer

Posted by Att. Patrick on 24-11-2022 08:47:36

It can be either. If emailed, you must print out a copy of the "sent item" as proof that you sent the letter and attach your sent item email to the summons. 

Answer Accepted

This answer was accepted on 24-11-2022 16:07:19

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