Good day!
I applied for a student visa for U.K last January of this year at a Processing Agency but then the latter wasnt able to process my papers for Visa appplication because i lack IELTS qualification which is now a prerequisite of the school where im supposed to be admitted. The recent changes that took effect in the UK affected my application and the increasing tuition fees prompted me to withdraw from Enhance Agency. However, the Agency will not return the amount of Php 50,000.00 which I gave them because of the following reasons:
1)Enxxxce have rendered services to my student visa application.
2.they claimed that I refused to sign and return back the MOA despite my knowledge to return the MOA to them, even if thay have demanded it from me several times.
3.because we had a verbal agreement during the orientation.
The MOA they sent me through LBC courier did not locate my address so it was returned to them. So how can i sign or even agree to a non-existing document? If presupposing i received the contract,it is my prerogative not to sign the MOA because the terms and regulations laid there are not being discussed during the orientation.
They cannot continue with the process of my visa application also because i dont have IELTS yet.
It is incorporated in the contract that in the event that the application of the second party is denied due to financial instability, etc or should change be made by the Embassy at any time after the signing of this agreement and the filing of the application with the embassy and should changes lead to the disqualification of the second party, or,should the second party abandon their desire to use the services of the first party at any time after the signing of the agreement, with any deposited amount, whether the application has been filed or not, or should the visa application be rejected for any reason other than those listed in this agreement, there will be NO REFUNDS but only TRANSFERRABLE.
The Memorandum of Agreement contains the complete terms and conditions of the agreement between the FIRST PRTY and the Second party. Terms and conditions not included in this agreement are expressly omitted and cannot be incorporated without the written and signed amendment to this agreement.
My question is can i still claim the amount i gave them despite all their contentions? Please advice. Thank you!