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Fuzzbutt

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  1. My MP has written to Norman Lamb, Minister for Consumer Affairs, about the S75 loophole and the way the judge interpreted the law. He has raised this with the Office of Fair Trading (OFT), who are monitoring the court rulings and Financial Ombudsman judgements on the Advent case, so if you have had a court result or FOS ruling (in favour or not) he suggests people contact the OFT with the details. The Minister has said in his reply to my MP that his department is currently looking at the Consumer Credit Act (including S75) and intend to make a detailed review of this, in hand with the OFT, and how the legislation is deficient in protecting consumers in our situation. There's a possibility the S75 loophole will be revised in this case and the legislation changed. At least it will prevent this happening to anyone else in the future, though it may be too late for we Advent students to recover our money ever.
  2. You'd have thought, wouldn't you. They don't take time and effort into account though - just cold money issues - full explanation of why only £232 is on my website if anyone wants to read it.
  3. I received £232 back from the nearly £5,000 plus costs (court fees basically and loss of earnings to attend court) - you can't claim compensation in Small Claims.
  4. Thanks Caro - had forgotten all about Moneybox, though I used to listen to it regularly. Have contacted them. The AGM would be a good idea, but a lot of people may not be able to get to London for it. I think a small group did protest at the one last year with banners. Someone on the FB group suggested contacting Price Waterhouse Cooper, Barclays external auditor they have to account to. I'll try that too.
  5. I've now written to the Mirror, Mail, Sun, Guardian and Observer. Plus contacted the 'One Show' (follow up on our feature last year), Watchdog (again), OFT and Panorama. Can I urge everyone to do the same if you haven't already. TOGETHER WE HAVE MORE POWER, A LOUDER VOICE, TO GET ATTENTION. It's clear Barclays have no shame and will not budge so we need to put pressure on via the media. I've posted my open letter to the press on my site.... http://adventstudents.webs.com/index.htm
  6. Yes, good luck 10pack. It will be interesting to see how Hogan Lovells representative, Duffy, deals with a group action advised by a solicitor. Sounds like your case is pretty solid as in they should never have given you a loan in the first place.
  7. Hi Lankus I'm sorry to hear you lost - at least in Small Claims you should get your costs back from Barclays. You gave it a shot and it's not easy as a layman to stand up in court and represent yourself, so don't beat yourself up. I also thought afterwards of the things I could have said but Duffy was cunning and steered the judge round, trying to bamboozle. Nasty piece of work with no shame or conscience. Let's hope they'll get theirs one day!! I'm waiting to hear from the Chairman of Barclays office now - if they still don't offer a reasonable amount of money back to me willingly I'll do all I can to burn those bastards in the national press.
  8. I have since phoned around a dozen local solicitors to see if any will take it on as a no win no fee - no joy. All say much the same, that for a small claim it wouldn't be cost effective for me (if I lose I could end up paying £thousands in BPF's costs!) and as a judge has already made a ruling to overturn that is not easy. Bloody idiot judge! Maybe if I'd not mentioned the CIW online for £232 he would have awarded me more money!! Duffy, Barclays Hogan Lovells barrister, must be wringing his hands with glee that he managed to swing that one- bastard!!! My last chance is appealing directly to the Chair of Barclays Board (I've posted my letter on my website if anyone wants to read it). http://adventstudents.webs.com/courtverdict.htm I had a letter back from his office, saying they will investigate. Head of BPF Ronnie Denholm replied as I'd copied him in, stating Barclays have no intention of budging - this is how arrogant these people are. You'd think in the interests of fairness and keeping a good public relations front they may have offered more on top of what the judge awarded. No, they are happy to pocket £4,700 of my money!
  9. My ruling at Bristol Court proves - BARCLAYS PARTNER FINANCE HAVE NO RIGHT TO ENFORCE COMPUTEACH. WHAT THEY HAVE DONE MAY BE LEGAL BUT IT IS MORALLY AND ETHICALLY WRONG, WRONG, WRONG!!!! I'm in the process of writing to the Board of Shareholders at Barclays, OFT, MP and of course all major press, BBC Watchdog and the One Show (who supported us in the past). Suggest all of you get your heads over the parapet now and charge, do the same! Together we have a BIG voice. Don't whine, DO!!! Barclays, like all banks, do not like BAD PUBLICITY IT HITS 'EM WHERE IT HURTS - THEIR POCKET- so make sure you give 'em some!
  10. I don't think they do for small claims, Keith. That was all I got, the short letter posted on my website, which is a shame.
  11. I may put one up on my website once I've had a reply from the court about the amount, depending on what they come back with.
  12. I agree, Kraken, but I'm at a loss of who to complain to in honesty (I thought directly to Barclays Board)? Can you suggest any authority please?
  13. Thanks Bluedo for your kind words. Yes, I'm disgusted at the underhand tactics used by the Hogan Lovells lawyer. I won, yet financially I'm the loser! I am challenging the amount awarded as I can ask for that to be reviewed within 14 days.
  14. I've posted my court letter with an update explanation here on my website. Please feel free to refer to it (case ref number is on the letter). http://adventstudents.webs.com/courtverdict.htm
  15. Kraken is right, I understand, on the issue of mitigation. I can't appeal as such as I have won the case and could only appeal if a) I thought the judge had made the wrong decision and ignored legal issues (he's applied S75 to the letter, it seems) or b) there had been some procedural failure in the way the court was run. What IS unfair is the amount, from my perspective, which I can query and demonstrate a reason why I disagree with the award, so I believe. I have been awarded costs (don't know how much yet until I get the court letter) but I shall certainly be writing to Barclays with a letter of disgust, national press and OFT (who asked me to let them know outcome).
  16. Thanks Blade - it's a very kind suggestion from you. I'll update my webiste in the next few days with some authorities people can complain to with a general letter about all this.
  17. Unfortunately for me, Mustard2243 I had already paid the whole £4,950 loan off, hence I say that is the amout Barclays have stolen from me effectively. I wouldn't mind so much if I'd been in the position of many of you where I'd stopped paying the loan! I wouldn't have lost so much then!In effect I've done all the leg work many will benefit from now (not that I begrudge that) but seems I get feck all out of it myself.
  18. Exactly, Blade325 - I think their lawyers are beneath contempt. For the record the guy sent to the courtwas a Mr Duffy. I shall be writing a letter of disgust to Hogan Lovells, head of Barclays Mr Diamond and anyone else in the hope of shaming them - do these people ever feel remorse and shame I wonder at their underhand dealings and thievery?
  19. Well, lets hope some good comes of it. Although I haven't seen the letter from the court (should be in today's post) if what the official read out was the whole picture then I am gravely disappointed. Barclays bank have effectively walked off with nearly £5,000 of my hard earned money - another victory for the greed of banks and how they [problem] their own customers, following on from PPI and other recent scandals. How any judge would see that as fair completely baffles me, even if the tiny sum does allow me to do a CIW cert independantly and so technically fulfills the mitigation issue of S75 CCA . That money Barclays has (in my eyes) stolen from me I will never see back again - it was years of savings on a low wage and all I did was try to better myself and refuse to transfer to an inadequate replacement the bank forced on me. I noticed how Hogan Lovells grabbed conveniently at the point I'd made that the CIW cert would cost £230 - perhaps I should have been dishonest with the court and not disclosed what I'd discovered in my research, but I'd included it as an illustration of just what a rip-off distance learning companies such as Advent and CT can be, over-charging for materials which are worth a fraction of the cost. As I say, I'm waiting to see the full letter but I intend to query the amount awarded and raise this whole issue with LACORS, the Office of Fair Trading, and any newspaper who is interested.
  20. It's a hollow victory really as, even though I won and beat BPF, I'm the loser financially. I'd completed half the course and had already paid off the loan in full, so I expected I'd get at least £2,000 back in fairness. The irony is I was trying to show what a rip off Advent was (and therefore CT) by quoting the cost of the COMPTia CIW Designer course - if I'd been dishonest or not even mentioned it I probably would have got more! I will query the amount as the court official said I could do - need to wait for the letter in the post now.
  21. I suppose looking at it that way, Kraken, you're right re; legal points. But it still seems unfair that £4,950 is money I have paid out and got nothing in return for. If I'd bought a car on loan and the dealership had collapsed before they were able to deliver it and the bank had sent me round a second-hand bike instead, would I have been treated the same way?
  22. Well, I phoned the court to see if there was any result yet and a letter is in the post. The court official read the crucial part out and basically I've won but the judge has only awarded £230 refund plus costs!!!!! I won't know the detail until I get the letter but I am guessing this is because I pointed out I could do the CIW Designer cert directly with COMPTia for that amount! BPF's slimy lawyer agreed on the day with the judge that I would be entitled to that as it would 'mitigate my loss' (it was all legal speak and to be honest went over the top of my head). Maybe I'd have got more if I hadn't been honest and admitted I'd found a way to do the certificate independantly. But why was I not refunded even a % appropriate for the amount of time I'd spent on the Advent course (i.e just over a year, so that would mean half the £4,950???) She said I could contest the amount and I will do that. Little consolation in winning if this is the pay-out!!!!
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