Intec refusing to pay my refund or cancel the contract
Good day,
James previously answered a question I had regarding this matter very well thanks.
I just need to also know the following please before taking this to small claims court.
I contacted Intec and they said they will not pay a refund and that the 80% cancellation fee still applies.
-What is the minimum cooling off period for a 24 month fixed term contract?
-In their terms and conditions it states “This agreement is subject to acceptance by us which will be communicated in writing to you. INTEC college reserves the right to enrol students upon the student meeting all academic and financial requirments.”, but I never received any acceptance letter/email from them?
-If it states in the Terms and Conditions of the contract that “Your intec.me email account shall be used for all official correspondence between the college and yourself”, but now even 4 months later they never provided me with one, could that be grounds for breach of contract?
I am just trying to get my facts straight as I need to represent myself and would like to cover all possible avenues.
Thank you for your advise thus far.
Category: Civil Matters, Damages
Region: South Africa, Eastern Cape
1 Answer
- Hello. Apologies for delay. With your 24 month contract, you are entitled to give them a 20 day notice and cancel under the Consumer Protection Act. They are not entitled to more than 10% cancellation fee. However the fact that you paid them is indicative of acceptance of their offer ( Partial fulfillment ). So your weapon is the Consumer Protection Act. For want of space to fully explain it here is a useful link : https://www.iol.co.za/news/south-africa/how-the-new-consumer-law-protects-you-1020996