NSW Open Colleges 7-day Cooling Off Period Acceptable?

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Mlash Adhanom

Member
28 July 2015
2
0
1
Victoria
I enroled at Open Colleges for a course that has a total of 13 units to be completed over a maximum of two years. I was paying on a weekly basis. They sent me materials for two units.

Later on, I decided to withdraw from the course but they asked me to pay the whole course fees referring to a 7 days cooling off period in the contract that they made me sign. I thought cooling off period should apply on the two units for which the college has incurred costs as many higher education institutions also apply census dates on semesters/trimesters rather than on the whole course. I have expressed my concern and asked them for withdrawal without paying full course fees. My request was unsuccessful and I stopped the payment.

Subsequently, debt collectors have been handling the case and recently a solicitor sent me a letter as a final reminder before a possible legal action.

Is the way Open Colleges enforces its cooling off period fair under Australian consumer law? What would be the efficient way for me to proceed?
 

Tracy B

Well-Known Member
24 December 2014
435
72
789
Australia
Hi @Mlash Adhanom

Did you attempt to withdraw from the course within the 7 days cooling off period?

Under Australian Consumer Law (ACL), consumers have a 10-day cooling off period. However, this only applies if certain conditions are met (e.g. they approached you and ask you to enrol, as opposed to you calling them up or finding them on the internet). Otherwise, the provider may give you a 7-day cooling off period in the contract (not part of ACL).

There is another thread on here that takes issue with Open Colleges, perhaps worth checking out: Open Colleges - Have I been Scammed? - LawAnswers.com.au.

I would suggest you contact the NSW Office of Fair Trading. They are an independent agency set up to protect consumers and ensure the ACL is complied with by businesses. They offer a free dispute resolution service and can better assist you with information. Another source of information is the NSW Department of Education.

Good luck and keep us informed on how you go.
 

Mlash Adhanom

Member
28 July 2015
2
0
1
Victoria
Many thanks, Tracy.

Those links are helpful. I will keep you informed if this issue is resolved through Open Colleges complaints officers and /or external bodies.

Regards.
 

Gemmgem001

Member
10 February 2020
4
0
1
Open college di approach me and really gave it a hard sell! pretty disgusting they are getting away with it, I have paid $5000 for a course I can't access despite all the special considerations and doctors certificates I have sent them.
 

Christy

Member
22 June 2021
4
0
1
Hi @Mlash Adhanom

Did you attempt to withdraw from the course within the 7 days cooling off period?

Under Australian Consumer Law (ACL), consumers have a 10-day cooling off period. However, this only applies if certain conditions are met (e.g. they approached you and ask you to enrol, as opposed to you calling them up or finding them on the internet). Otherwise, the provider may give you a 7-day cooling off period in the contract (not part of ACL).

There is another thread on here that takes issue with Open Colleges, perhaps worth checking out: Open Colleges - Have I been Scammed? - LawAnswers.com.au.

I would suggest you contact the NSW Office of Fair Trading. They are an independent agency set up to protect consumers and ensure the ACL is complied with by businesses. They offer a free dispute resolution service and can better assist you with information. Another source of information is the NSW Department of Education.

Good luck and keep us informed on how you go.
I have had same issues with open colleges they did not inform of any cancellation period did not prove a contract or enrolment hence I never could access any course as they promised To make matters worse the do not respond and so greater than 12 months later they are chasing money through debt collectors none of whom can validate debt or even spell my name Have sent many complaints and have no response from open colleges They are a corrupt organisation
 

Christy

Member
22 June 2021
4
0
1
No 7 days is not what most if not all RTOs have Most allow 1 month Open colleges are in breach of normal practices and are terrible to deal with as have misleading and deceptive practices