MCSE offered by computrain

Discussion in 'General Microsoft Certifications' started by sh3l5, Feb 15, 2008.

  1. michael78

    michael78 Terabyte Poster

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    All well and good but if people read what they are signing in the first place then there wouldn't be any issue.
     
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  2. inspectahpecks

    inspectahpecks New Member

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    Afternoon All.

    Firstly -

    That's the exact same advice that I followed, so i'd rate it as very good. I actually pursued my claim through moneyclaimonline, and just refered to all the FAQ's on their website, but the advice was all exactly the same as on that webpage that you've linked too.

    Secondly -

    Yes and no. Obviously everyone should read what their signing up too, but in this instance that doesn't actually solve the problem. You could read through Computrain's T&C's 15 times and you still wouldn't have a full picture of exactly what it is that you're signing up too. Which is a deliberate ploy on their behalf. They deliberately leave out any mention of a "job guarantee" from their T&C's. They do this because they know that there is no such thing as a 'job guarantee', so including any reference to such a thing could potentially put them in a very difficult position. And this is were Computrain come unstuck.

    Anyone that has a written document from a member of Computrains sales staff that ensures them a "Job Guarantee", can proove that Computrain are guilty of a misrepresentation. The definition of a misrepresntation is 'being induced into a contract on the back of a false statement'.

    In this instance, the false statement is the "Job Guarantee", that Computrain send out to entice people into signing up.

    There is no job guarantee, as evidenced by their T&C's, and there's no way they can proove otherwise.

    So anyone with an email or letter from Computrain that references the 'job guarantee' and a copy of their T&C's, has all the evidence they need to proove that Computrain are gulity of a misrepresenation.

    That's all in theory, anyways. In practice it's obviously a lot more complicated than that. I spent 3 hours in the court room going through each intricate detail of my case. So the more evidence you have, the better.
     
    Last edited: Aug 19, 2011
  3. JonnyMX

    JonnyMX Petabyte Poster

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    That's a very good article - a must read for anyone considering this type of approach.

    There are a few key points to pick up on here:
    "You must try and settle a claim before taking court action" Definately. If you go in without doing so, the TP only has to say that they weren't aware that you had a grievance and it'll be the shortest hearing in history.

    It is also important to consider why you are taking this action. You must be specific in terms of how the TP has failed you and back it up with evidence. If you go in having signed up for something you didn't really want, not made any effort to pursue the course or training, then decided to try and get out of the contract because you would rather spend the money on something else, you're in line for a fail.

    Don't forget that it isn't only the T&Cs that form part of the contract. Anything that is on the website, in brochures, letters or was said by the salesman prior to you signing up forms part of the contract. Unfortunately, these bits can be difficult to prove. Just leaving the job guarantee off the T&Cs doesn't excuse them from it if they have used it in their advertising.

    Most importantly, be professional. Prepare your notes and your evidence. Put it together nicely and lay it out so that you can find the bits you need. Take a couple of extra copies with you in case you need to hand something over for clarification.

    Sometimes courts will allow someone to accompany you. Worth checking out in advance. If English isn't your first language, you are very young, or just nervous, you may be able to take a friend or relative with you. They may not be able to speak for you though - but worth checking.
     
    Certifications: MCT, MCTS, i-Net+, CIW CI, Prince2, MSP, MCSD
  4. inspectahpecks

    inspectahpecks New Member

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    To further elaborate on Jonny's post above, I went through 3 months worth of 'negotiations' with Computrain before I took them to the small claims court.

    I include the word 'negotiations' in inverted commas as they can hardly be defined as that, seeing as how Computrain ignored all of my correspondence. But that was irrelevant. I had the proof that I had at least tried to pursue every avenue available to me before I pursued the small claims court route. I even attempted to claim my money back through Visa chargeback, to no avail.

    After i'd exhausted every opportunity available to me, only then did I pursue the case through the county courts. I also sent Computrain a letter advising them of this, and gave them one last opportunity to enter into negotations (7 working days). They never responded, and so after 7 working days I registered my claim.

    Needless to stay I started to recieive correspondence from them again after that!
     

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