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AdventBarclaysVictim

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Everything posted by AdventBarclaysVictim

  1. I'll look through the paperwork tomorrow and dig it out. I actually haven't got a scanner available so was thinking of photocopying the paperwork and posting it. I'll email you tomorrow though. Were you going to send it to the Ombudsman or are you going straight to a lawyer? Good luck anyway.
  2. I think Advent were on an approved list at the time. Also in my case and I'm sure in others it was the Advent salesman that told me to apply to Barclays for a Career Deveopment Loan and gave me forms/details to do so. Barclays haven't yet contacted me - I've sent my forms back to the Ombudsman now. I'm also probably going to email Vince Cable's department to highlight the issue with Career Development Loans. Hopefuly we're going to get somewhere legally and/or with the Financial Ombudsman Service, but I think there is an issue with the lack of clear information (a verbal confirmation that we'd be expected to pay for the course in full if the company went bankrupt, which seems like it may happen quite a bit by the way, or a specific document sayng only this to sign before taking the loan). Actually though I think the Bank should voluntarily take at least some risk, rather than just the Student. If no change in policy I would never recommend anyone take a Career Development Loan - it'd be better to pay in installments (if could be based on completion of each unit for example) or by credit card even probably.
  3. Thanks David, Yeah I was hopeful when I read your previous post on page 2, including this: As I understand it - the agreement itself states that in fact that it is a regulated agreement under CCA '74. No clause in a regulated agreement can overule the provisions of the Act - that's why they passed it into law.
  4. There have been issues of dodgyness lets say with the Career Development Loan scheme before: MPs to investigate Career Development Loans [problem] highlighted by IITT | News | IT Training Magazine | Training | Qualifications, Training, Careers | BCS - The Chartered Institute for IT Given this and the obvious role Barclays is said to have played in Advent's problems (by withdrawing Finance agreements) surely it's only fair Barclays and/or the Government refund students?
  5. Posting this from the BPF thread - hopefully it can help BPF or CDL financed students but who knows: 8.- (1) A personal credit agreement is an agreement between an individual ("the debtor") and any other person ("the creditor") by which the creditor provides the debtor with credit of any amount. 12. A debtor-creditor-supplier agreement is a regulated consumer credit agreement being - (a) a restricted use credit agreement which falls within section 11(1)(a), or (b) a restricted use credit agreement which falls within section 11(1)(b) and is made by the creditor under preexisting arrangements, or in contemplation of future arrangements, between himself and the supplier, or © an unrestricted use credit agreement which is made by the creditor under preexisting arrangements between himself and a person (the "supplier") other than the debtor in the knowledge that the credit is to be used to finance a transaction between the debtor and the supplier. So we'd want our agreements to be Debtor-Creditor-Supplier agreements and hopefully (in my case and others I'm sure) it won't matter if we were told to put the Course End Date as 2 years from the Start Date given it was a Distance Learning Course we hadn't completed Here's Section 11 of the same Consumer Credit Act 1974 too: 11 Restricted-use credit and unrestricted-use credit (1) A restricted-use credit agreement is a regulated consumer credit agreement— (a) to finance a transaction between the debtor and the creditor, whether forming part of that agreement or not, or (b) to finance a transaction between the debtor and a person (the “supplier”) other than the creditor, or © to refinance any existing indebtedness of the debtor’s, whether to the creditor or another person, and “restricted-use credit” shall be construed accordingly. (2) An unrestricted-use credit agreement is a regulated consumer credit agreement not falling within subsection (1), and “unrestricted-use credit” shall be construed accordingly. (3) An agreement does not fall within subsection (1) if the credit is in fact provided in such a way as to leave the debtor free to use it as he chooses, even though certain uses would contravene that or any other agreement. (4) An agreement may fall within subsection (1)(b) although the identity of the supplier is unknown at the time the agreement is made
  6. Hope this is how it pans out - as far as I can tell the Ombudsman decides and can take into account fairness as well as the terms of contract. Good luck everyone
  7. After finding out I'm in the same situation I've been trying to find out as much as I can. I contacted Trading Standards (actually in the form of Consumer Direct and I'd advise anyone to do the same and ask them what to do which involves writing to the Administrators and also Barclays). Seems like the final say lies with the Ombudsman so I'm not certain that we have no rights under Section 75 even with a Career Development Loan and having been studying for over 2 years (I've not been assured we do for certain either though)- the Ombudsman can be involved after replies are received to the letters (have been told to quote the Supply of Goods and Services Act 1982 to the administrators and the Consumer Credit Act 1974 to Barclays but speak to Consumer Direct for full details of what to write). We need to send the letter to the administrators as a covering letter to Barclays, along with the letter to Barclays. Hope this can be of help
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