Clydesdale & Skills Train Problem

[bravo123]

Hello,

 

I registered for a course with Skills train which was funded by Clydesdale Fin. services. However, i was able to submit only one assignment/course work and i lost interest in the course but continued to pay the monthly deduction of £75 to clydesdale.

 

Is it possible to get a refund of all the money i've already paid? I have been reading through the T &C of both Skills Train and Clydesdale and have detected that although Skills Train have 7 days cancellation period, it seems not to apply to credit students.

 

Check parag. 6, although 7 seems to contradict it. It says

 

 

• "CLAUSE 6 ABOVE IS APPLICABLE ONLY TO STUDENTS WHO ARE NOT ON CREDIT TERMS. IF CREDIT TERMS APPLY, PLEASE REFER TO YOUR CREDIT AGREEMENT FOR THE RELEVANT CANCELLATION TERMS."
  

Now lets go to whats the T & C of Clydesdale also says:

 

 

• Actually, it doesn't stipulate anytime frame for cancellation. It states "YOUR RIGHT TO CANCEL, Once you have signed, you will have for a short time right to cancel this agreement. You can do this by sending or taking WRITTEN notice of cancellation to Clydesdale Financial Services Limited of 10,000 Academy Park, Gower street, Glasgow G51 1PR.
  

 

 

• If you cancel this agreement, you will receive return of any money you have paid. You will not have to make any further payment.
  

 

 

• If you have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request."
  

MY QUESTION HERE IS CAN I CANCEL IT NOW AS IT DIDN'T GIVE ANY TIME-FRAME FOR CANCELLATION BUT SAID ONLY "...A SHORT TIME" IS ALLOWED? HOW DOES ONE DEFINE ... A SHORT TIME?

 

 

 

 

Penultimately, I believe this document(Agreement) below may also make the contract unenforceable:

 

 

 

 

Take a critical look at the BOX or column below the " CUSTOMER's DECLARATION" Box/column. That part required my signature but hey my signature is not there. It states:

 

 

• "I wish to purchase...................[]......................[]. I understand that I am purchasing the product(s) ticked above on credit provided by you and that the terms relating to the credit for the product(s) can be found in clause 2.2 of the terms. Your Signature(s) ......................
  

 

 

Now my signature is supposed to be there but OOPS no signature. Is it enforceable THOUGH i did sign and dated on this same form in a different place that also required my signature?

 

 

thnx for ur assistance.

Edited February 20, 2009 by bravo123

[bravo123]

Any assists pls?

[Bookworm]

PM Spiceskull with a link to your thread, if anyone knows how to deal with Skillstrain, it's him. ;-)

[bravo123]

cheers bruv!

[MARTIN3030]

Have a read here too.

 

http://www.consumeractiongroup.co.uk/forum/campaign/132516-skillstrain-scheidegger-time-you.html

[SkillKill]

Hi, I am in a similar situation. I found out purely by chance that I had entered into credit (I won't say agreement as that is not true). I have not signed that declaration either. Have you had any joy yet?

[bravo123]

not yet but i hoping against hope...

[LordJustice]

It means that Skillstrain only give you a 7 day cancellation period, but Clydesdale have to give 21 days because of the consumer credit act - so people who have a credit agreement have 3 weeks to cancel instead of only one.

[Faultydesktop]

I have wrote a recent blog post about Skillstrain that might be of intrest on

 

Faultydesktop

[stexposed]

I recently got a full refund from Skillstrain with an admission of liability. Here's how I did it.

 

1) I wrote to all the companies whose logos were featured on my course materials and asked them to confirm if they did or didn't endorse skillstrain and its courses. So far I've discovered three additional false endorsements that were not revealed in the BBC Watchdog report.

 

2) I contacted my local trading standards and provided copies of signed letters by the three companies confirming the false endorsements, links to the BBC Watchdog (making a total of five proven false endorsements) and copies of my skillstrain course materials and brochures from the original sales pitch proving the false endorsements had been claimed by skillstrain. I also cited sections 5 & 7 of the Consumer Protection from Unfair Trading Regulations 2008.

 

I also have a lot of additional info about skillstrain's and its partner's activities posted in a detailed and factual article. If you want to know more google collativelearning doht cohm and go to my website.

[skillskiller]

I am in the process of getting a refund from Skills Train and having my credit agreement, with Barclays Partner Finance, nullified.

 

I originally was inspired by stexposed through the website

 

www.collativelearning.com/SKILLSTRAIN%20[problem]%20&%20REFUND.html

 

I like so many others were mis-sold course(s) that are over-priced, falsely endorsed with materials that are out-dated, poorly written and in some cases no authority has been granted from the examination body to advertise or publish study material on their behalf, due to Skills Train not being fully endorsed.

 

I started my campaign to get a refund with contacting my local Trading Standards office, these are the people who should take any action on your belhalf as this is where the offence took place, however I gained some valuable information from Luton TS, in whose geographical area Skills Train trade, extracts of which I am posting below:

 

"Trading Standards authorities are separate bodies – it is not a national government service, so each authority will operate independently of each other. On occasion they may co-ordinate investigative work as long as it is legally permitted, but those decisions are left to individual authorities"

 

 

"I was suggesting that you sue the trader in the civil courts (prosecution is usually done in the criminal courts by state-authorised enforcement bodies) as the burden of proof is lower than for a criminal court. Additionally, there is no right to civil redress (refund etc) available under the Consumer Protection from Unfair Trading Regs, so you are best using the rights afforded by the Misrepresentation Act 1967 and the Supply of Goods & Services Act 1982."

 

As informed by stexposed 5 false endorsements, regardless of the over-pricing, poor materials etc., have been exposed so far but anybody taking a CompTIA course might be interested in extracts that have sent to me on 01/03/2010:

 

"The type of membership (associate membership) that Skillstrain currently have with CompTIA entitles them to use the CompTIA logo on their website and to take advantage of the membership benefits. With the current type of membership we do not vet the company and cannot vouch for the quality of their service, thus they are not endorsed by CompTIA

 

They are, on the other hand, currently going through the application process to join the CompTIA Authorised Partner Program. There are service quality checks in place during this application process, including making sure that they use CompTIA certified instructors and that the trainers have an instructors certification (Eg. MCT, CTT+). If their application is approved they would then be endorsed by CompTIA.

 

In reference to the courseware that they provide: if the books they provide are the most up to date versions from Prosoft and they are CAQC (CompTIA Authorised Quality Curriculum) stamped then they are CompTIA endorsed books. To the best of my knowledge, the most recent Project+ courseware from Prosoft/Compuprep is the 2009 edition."

 

Therefore we can deduce that Skills Train are not endorsed by CompTIA and the material supplied by Skills Train for CompTIA courses are not CAQC stamped and I am presuming that if this is the case, as it is, that providing illicit material would be a civil or possibly criminal offence.

 

I have recruited the support of a local councillor in this matter, perhaps you can do the same to get the TS office moving as fast as possible

 

There, of course will be the problem that the Credit compny will be threatening and demand payments regardless of any action you are taking against Skills Train and to date I have received a text message on my mobile and two letters demanding there mothly payments. So far I have ignored these threats but kept them informed, by sending duplicates of Recorded Delivery letters, to them. I have also asked Barclay Partner Finance if they vetted Skills Train, as they have so much adverse publicity, prior to accepting them as clients, To date they have not answered this query.

 

If I can be of any assistance just ask.

 

Edited March 4, 2010 by skillskiller
to exclude the HTML

[NorthMan]

I have posted a thread in the Scotland section on this very matter. I cancelled the credit agreement and they just ignored me and continued demanding the money.

 

I actually phoned CFS a couple of times accusing them of being partners in crime with Skillstrain on the basis that they MUST have had hundreds if not thousands of complaints yet continued to process loans for them.

 

Now its Barclays and I suppose its too much to expect a big banking institution like that to play fair with peoples money and lives.

 

I was also a member of Digital Trends where thousands of posts were deleted after the big Google vs Metropolitan International Schools Ltd (MIS) court case kicked off.

[NorthMan]

I've got court papers for this now.

[Telemicus]

@skillskiller, did you ever get your refund. What is the current status.

[skillskiller]

I haven't up to now, as I have been pursuing this through the small claims track. It is a very slow process and as Skills Train have contested it all the way, it will take quite a bit longer.

 

Regarding the consumer credit agreement, I have ascertained that Barclays Partner Finance are unable to furnish me with a true copy. Therefore I am no longer endebted to them.

[Telemicus]

Thanx for the quick reply. Would I be correct then that you are no longer paying back thru Barclays without contest but you are trying to reclaim from Skillstrain via Small Claims Court what you have paid already?

[skillskiller]

Yes Telmicus that is exactly the situation. I found the documents I needed on CAG and they couldn't or wouldn't provide a CCA and I received no response. The letters I was receiving from the debt collection agencies i.e. Mercers and Resolvecall, have ceased and I have insisted that my data on their files be removed. If I do hear from any of them again I will know that they have still retained info on me. As this would constitute a criminal offence and I would contact the information commissionaire immediately.

Edited August 5, 2010 by skillskiller
ommitted words

[Telemicus]

Fantastic. Well Done!

[NorthMan]

SkillsKiller what was the time scale between the credit agreement and Barclays not having a legit copy?

 

The DCA is taking me to court next week and I could use an estimate of how long it takes those numpties to lose a CCA. Mine was from 2006.

[skillskiller]

Northman

 

I first sent the following letter, recorded delivery, with a £1 postal order:

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

The time limit is 10 working days

If you do not get the CCA you will have to provide another letter which I can provide. You will have to allow one calender month for them to reply to this. However, just out of curiousity, can't you ask at court to view the original?

[NorthMan]

Thats whats going to happen. My lawyer already asked for a copy 2 weeks ago and nothing has returned. She's going to court on my behalf to defend the action and they have to provide one.

 

Its the time period I was thinking about. How likely is the original creditor to lose a credit agreement over the course of 4 years and a name & address change?

 

I'm guesing its a pretty high probability.

Edited August 6, 2010 by NorthMan

[skillskiller]

Thats whats going to happen. My lawyer already asked for a copy 2 weeks ago and nothing has returned. She's going to court on my behalf to defend the action and they will provide one.

 

Its the time period I was thinking about. How likely are they to lose a credit agreement over the course of 4 years and a name & address change?

 

I'm guesing its a pretty high probability.

 

The likelyhood is that they never had it in the first place and if they did it was invalid.

[NorthMan]

Well in that case, to paraphrase Bart Simpson; they can eat my shorts.

[skillskiller]

Good luck in court!!! I am not sure what DCA are taking you to court but bear in mind that Mercers are the in-house DCA of Barclays. Another point which your lawyer should be aware of is that CCAs prior to 2007 are invalid as the prescribed T&C are not declared in the proper manner.

[NorthMan]

Its Crapquest employing Yuill & Kyle