Drake Finance

[woody1066]

I am posting this on behalf of my son. About a year ago he applied to do a course at a local college. They sent a salesman to his address who explained all of the costs involved. He signed to do the course but then spoke to his jobcentre advisor who told him that as the course was full time he would have to stop claiming benefit if he was to start it.

 

He then phoned the college (within 7 days of signing) and explained this to them and told them that he wanted to cancel which they agreed.

 

A few months later he recived a letter from Drake finance saying that he owed £333. He contacted them and they denied all knowledge of him phoning to cancel.

 

He has now recived another threatogram from them saying that he now owes £1300 and the usual threats of sending collectors around etc.

 

Over to you kind people for advice

[the_shadow]

I am posting this on behalf of my son. About a year ago he applied to do a course at a local college. They sent a salesman to his address who explained all of the costs involved. He signed to do the course but then spoke to his jobcentre advisor who told him that as the course was full time he would have to stop claiming benefit if he was to start it.

 

He then phoned the college (within 7 days of signing) and explained this to them and told them that he wanted to cancel which they agreed.

 

A few months later he recived a letter from Drake finance saying that he owed £333. He contacted them and they denied all knowledge of him phoning to cancel.

 

He has now recived another threatogram from them saying that he now owes £1300 and the usual threats of sending collectors around etc.

 

Over to you kind people for advice

 

Does he have a copy of the agreement at all?

Is it governed by the CCA1974 act?

what does it state as to cancellation, must it be in writing?

Did he phone Drakes to cancel the finance agreement himself or rely on the college? If he relied on the college and yet signed the agreement himself I dont think you can claim it was canceled properly. May have to look at the agreement instead.

 

He could Sar them for everything they hold including telephone conversations, costs £10 and gives them 40 days to reply. Chances are tho they may lose it if they do have it.

 

S.

[woody1066]

As you say they will probably deny the conversations. I am just wondering if this is a waste of £10

[the_shadow]

As you say they will probably deny the conversations. I am just wondering if this is a waste of £10

 

Quite possibly, can you answer the other questions?

 

S.

[woody1066]

He does have a copy of the agreement but I suspect that the CAB have it. I dont know if it is covered by the act ot not (I was hoping that the legal eagles on here could answer that one)

[the_shadow]

He does have a copy of the agreement but I suspect that the CAB have it. I dont know if it is covered by the act ot not (I was hoping that the legal eagles on here could answer that one)

 

Well we can hope so as if it is there is a specific exit route that must be taken to entitle them to reclaim the full outstanding amount but the only real way of telling is to look at the agreement and see if it states "this is an agreement governed by the CCA1974 act"

 

S.

[woody1066]

Ok I have now viewed some of the paperwork he has recived. It appears that they have defaulted him for this (the default was sent out by normal post). I would suspect that this is covered by the cca but he doesnt have a copy of his original agreement.

[42man]

Is the default notice compliant ?

[woody1066]

Is the default notice compliant ?

 

I am no expert on these so a liitle guidance on what is compliant and waht is not would be vastly appreciated. I will scan it in tonight if that helps

[the_shadow]

I am no expert on these so a liitle guidance on what is compliant and waht is not would be vastly appreciated. I will scan it in tonight if that helps

 

Usual one they cock up on is not giving the debtor enough time to rectify, days to rectify is set out in statutes.

 

There is also a set format for some of the text, plus name and address of the creditor and debtor has to be on it.

 

I would suggest you remove personal info and post it up here for us to look at, we need the date that it was issued left on tho.

 

S.

[woody1066]

Will do when I get home