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QLD Application Form in College - An Acceptance Letter?

Discussion in 'Other/General Law Forum' started by Samroy, 28 August 2015.

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  1. Samroy

    Samroy Member

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    Hi, I would like to ask whether an application form submitted in college for a course can be treated as offer and acceptance letter.

    Thanks In Advance.
     
  2. Tim W

    Tim W Lawyer

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    Not a lot of facts here.
    Can you tell us a bit more?
     
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  3. Samroy

    Samroy Member

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    Hi Tim,
    I explain you my case and hope you give me a genuine help.

    I am a student who applied for the course in one of the colleges, I filled and signed the application form attach all the document required and send it back to the college . The college issued me a conditional offer letter which I have to sign and send them back. They also ask me to pay my first course instalment and application fee. I paid my first instalment and application fee , then they send me the COE and asked me to sign it and send it back.

    My course started in Sept 14 , I attended few of my classes and then I have to go back to my country as my parents were very sick . I went back to my country and helped my family to recover. I came back in Jan 15, and applied for my COE cancellation as I was financially broke and mentally under stress due to my family health . I didn't received any convincing reply from the college about my course cancellation and every now and then they send me late payment fee warning emails which I replied by saying that I have already applied for my COE Cancellation in Jan 15 .

    In July I received an email stating about my COE cancellation and asking me to pay my outstanding amount. After few days they have given my case to one of the debt collection agencies and they are sending me these Demand notices for payment of outstanding fee.

    My query is that whether I am legally bound to pay them my outstanding fee amount as I have not attended any classes after Nov 14 , applied for My enrolment cancellation in Jan 15 but they didn't cancel it. I did not signed my conditional offer letter and COE.

    On the basic of not signing my Offer letter and COE can I say there is no contract between them and me.. how can I defend myself.



    Thx in Adv....
     
  4. Tim W

    Tim W Lawyer

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    So you paid a fee, went to a few classes, then went home
    for urgent family reasons?

    How much of this did you tell to the College at the time?
    The reason I ask is because to them, it might look like you just abandoned your enrolment.
    If that's what they think (even if they don't understand the whole situation),
    then they may not have any reason to refund you.

    Look closely at your enrolment papers - there will be something in there somewhere
    about what happens in the event of cancellation.

    Also, ask yourself which outcome do you want...
    Do you want your money back, or to restart the course?
     
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  5. Samroy

    Samroy Member

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    Hi Tim,

    Thanks for the reply....

    but my situation is bit different , I am not looking for any refund or restarting my course, actually my fee was 9000 AUD , I paid them 3000 AUD as my first instalment now they are asking me to pay my remaining fee of 6000 AUD. I have not done my full course as I have already told you. I have updated the college about every thing on time.
    Now they want me to pay my remaining fee of 6000 AUD and given my case to debt collection agency.

    My question is that whether they can force me legally to pay 6000 AUD on basis of my signed application form.

    I have not signed there offer letter and COE . whether they can prove that there is a valid contract between me and college on the basis of the signed application form.

    Please help...

    Thanks in Advance..
     

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