Advent Computer Training (Barclays Partner Finance)Info and discussion thread

[Bluedo]

Bluedo: If you want a copy of your agreement, you need to make a legal request under Sec 78-77 Consumer Credit Act 1974 and send them a quid with it. They then have 12 + 2 working days to send you a copy.

 

Template letter is here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Ammend to suit.

 

David

 

Thanks for that but awww another 14day wait and a £1 I kind of was hoping they didn't have the agreement

Edited March 8, 2010 by Bluedo

[cjclegg]

Has anyone got any further with the letter from Free legal advice? Got my reply back stating they are drafting a letter due to the contract being frustrated but I am still a little cautious to go ahead with it.... Maybe a bit paranoid but we are all looking for some ray of light and all of sudden it is there, for a small fee? So many people trying to [problem] money these days, it just sounds a bit contradictory, free legal advice for £27....

 

If some could put my mind at rest on this it would be much appreciated, just dont want to lose any more money...

 

Thanx.

[Fuzzbutt]

It looks like a legitimate solicitor to me, judging by their website. I've asked them to do me a letter anyway. The advice they gave was the same as my local Trading Standards anyway (that Barclays can't force a new training provider and are in breach of contract). I've left my complaint with TS still anyway.

[Fuzzbutt]

CIB Complaint Form

 

Has anyone seen this you can complain here about Advent get them investigated at least

 

Thanks Bluedo - will follow that up.

[banker_rhymes_with]

Hello Folks!

 

I think it's important to remember that s75 is there to protect you, and is no different to buying a TV with a Barclays Credit Card (or any other bank's Card/Loan Regulated by the Act)...

 

 

• You walk into a TV shop and buy a Sony TFT TV, they take your Credit Card as Payment, and say it'll be there on Friday.
  

 

• On Friday you wait, and nothing turns up. You call them, and they say they are fresh out of Sony TFT TVs and, in any event, we've gone out of business!
  

 

• You contact Barclays/Barclaycard, and they say, hold on a moment, we think we know a bloke who can do a good deal on TVs, but he has not yet set up Trading, but he won't be long. It might be a JVC CRT TV, but they are all the same so it doesn't matter, a TV is a TV, after all. You won't have long to wait while we organise something that suits us, no more than a couple of months.
  

 

Clearly, you'd all go off the deep end if they tried something like this, so don't cut them any slack over this issue either. Hit them with Letters Before Action, and then go straight to Court using s75 against them.

 

Just because there are a lot of you, and Barclays have a big problem, is their problem, not yours. They can afford it. Don't forget they recently boasted about making £11 Billion in Profits.

 

Cheers,

BRW

[Fuzzbutt]

Very True, Banker Rymes...

I'm waiting to see how Barclays react to the solicitor's letter. Then it will be small claims court for me. Looking at advice forums, it seems anyone doing this may be able to also claim compensation from Barclays? Not sure on what grounds though.

[cryss80]

Cjclegg is right!! You can't trust anyone these days...

I trusted Barclays and Advent and look what happened?? I got the same response from ukfreelegaladvice and I don't know what to do , to pay or not to pay , Do they offer any sort of guarantee that we will get our money back if they send that letter?

Any advice would be much appreciated.

[Fuzzbutt]

Well, I see it this way....for £27 you've nothing to lose and it may be the turning point for Barclays refunding you £5,000 without court action. If the law states Barclays are in breach then that is law, Barclays can't get out of it and are due to pay, as Banker Rymes says above, period! It just may take some persistance on your behalf in bringing them to that point.

[Lankus]

Hi all, I sent the email to Free Legal Advice yesterday afternoon, but haven't heard anything back yet. Can anyone that's had a reply let me know how long you waited please?

[Fuzzbutt]

They got back to me next day with their initial reply.

[Bluedo]

Hi BRW,

Thanks for your post we need encouragement as to how to deal with this it's daunting and a bit scary having to deal with courts.

 

I sent a letter to Barclays asking for agreement to be cancelled quoting s75 cca. on the 19th feb. also requesting copy of contract agreement.

Received reply 1st march saying "were sorry that you have reason to complain and that it'll be assigned to their dedicated handler within our customer relations team and I'll be contacted within 15 working days. So it'll go nowhere.

Is that a letter before action? I could post it up if need be.

 

Will I need to attend a court? or could it be done by letters as I'm in Scotland and I saw the agreement is governed by English Law would I have to go to England to deal with this.

Thanks for advice (hope it's not a daft question)

[generalgaz]

Thanks Jay that did help a little however what I'm really after is the purple programme structure that Advent gave us at the beginning in the welcome pack.

 

If anyone has this and can relay the structure on here, would be greatly appreciated.

 

Thanks

 

Hi George, I have a copy of the purple programme structure you were looking for. would you like me to e-mail it to you.

[Bluedo]

Hi George, I have a copy of the purple programme structure you were looking for. would you like me to e-mail it to you.

 

Hope George doesn't work for Barclays and wants to know the exact programme structure to check the new provider has the same, with respect just a thought

[mantaxi]

Has anyone got any further with the letter from Free legal advice? Got my reply back stating they are drafting a letter due to the contract being frustrated but I am still a little cautious to go ahead with it.... Maybe a bit paranoid but we are all looking for some ray of light and all of sudden it is there, for a small fee? So many people trying to [problem] money these days, it just sounds a bit contradictory, free legal advice for £27....

 

If some could put my mind at rest on this it would be much appreciated, just dont want to lose any more money...

 

Thanx.

 

hi there cjclegg, just recieved my letter from free legal advice and that is all it is just a letter. i thought they would take up my case but it does not look like they will. cost £20 which is not too expensive but it is just a letter. i will send it to bpf and hope it does the trick, if not i will have to seek legal advice elsewhere. if anyone wants the draft letter send me your email address to [email protected] and i will forward it as soon as i can. don't pay for it.

[Bluedo]

hi there cjclegg, just recieved my letter from free legal advice and that is all it is just a letter. i thought they would take up my case but it does not look like they will. cost £20 which is not too expensive but it is just a letter. i will send it to bpf and hope it does the trick, if not i will have to seek legal advice elsewhere. if anyone wants the draft letter send me your email address to [email protected] and i will forward it as soon as i can. don't pay for it.

 

 

 

Hi Mantaxi

That's kind of you re letter I hope it gets a result then it'll be worth it for you. I think there's template letters on here that we'll be able to use as well but anything is worth trying.

There is more power in numbers all doing the same thing against BPF I've been looking at the small claims book advertised on here thinking about buying that but I'll not lie and say it's scaring the **!! out me the thought of it all but We'll be like lawyers at the end of it

[mantaxi]

posted the letter today, lets see what response i get from bpf, don't hold out much hope but never know. will let you know as soon as i do.

[cjclegg]

Thanks for the copy of the letter Mantaxi, will send off a copy very shortly... All sounds legitimate, but not too sure of the outcome....

 

On a lighter note, I have been investigating further into my own personal circumstances. After writing to BPF, telling them of my current unemployment and that starting the repayments on the loan would cause "severe financial hardship to the point of insolvency", only to be told I have entered a "legally binding financial agreement" and that "when a new training provider is appointed your contract will be fulfilled"..... So, I have a little time, first repayment due in July, but my circumstances are very poor at the moment, so I have been looking at IVA's and possibly bankruptcy, the later being the best option to me. Believe me, I would rather go bankrupt than repay these A-holes one penny after the service I have been provided by both Advent and BPF.

Of course everyone involved in this has different circumstances, but if anyone is in the same boat as me, i.e out of work with BPF looming then I suggest you check out this web site, Piggy's Bankruptcy Website - Information and advice , found them very helpful and all advice is free and they go through all options available to you in your circumstances...

 

If I can keep the wolves from the door long enough to get a positive outcome to this mess all this may not be necessary, but BPF wont budge, WHY SHOULD I.....

 

I may even see where legal aid will take me now I have signed on at the job centre, at least it will be a free insight....

 

Thanks for all your help people and keep fighting.

 

CJ.

[Savarok]

hi there cjclegg, just recieved my letter from free legal advice and that is all it is just a letter. i thought they would take up my case but it does not look like they will. cost £20 which is not too expensive but it is just a letter. i will send it to bpf and hope it does the trick, if not i will have to seek legal advice elsewhere. if anyone wants the draft letter send me your email address to [email protected] and i will forward it as soon as i can. don't pay for it.

 

Thats incredibly generous of you Mantaxi. Thank you - an email has been sent

[Mustard2243]

nice one man taxi email sent...

 

i am in the same boat cjclegg these people do not care about us mere mortals unfortunately, so its time to beat them at their own game!!

[Fuzzbutt]

Well, I sent the solicitors standard letter too, and Mantaxi's right in that it seems to end there support wise unless you ask them to put you in touch with a local solicitor. I'm thinking I may have to get a local solicitor who knows consumer credit law if Barclays don't move soon on this, and go via small claims court now.

I'll give it a couple more weeks, see how things develop after this though.

[Bluedo]

Well, I sent the solicitors standard letter too, and Mantaxi's right in that it seems to end there support wise unless you ask them to put you in touch with a local solicitor. I'm thinking I may have to get a local solicitor who knows consumer credit law if Barclays don't move soon on this, and go via small claims court now.

I'll give it a couple more weeks, see how things develop after this though.

 

 

Hi Fuzzbutt,

I'm not sure what we can do the advice I've been given from TS and CD is to wait now for the new provider and if unsuitable then to dispute that if it's unsuitable to go for cancellation,

I went to a solicitor at the start of all this and her advice was to send Advent a letter requesting refund but that I'd need to pay BPF:eek: But I didn't agree with that advice cos I don't want to do that

It's also interesting the majority of us want out of it wish I'd never heard of them.

 

I think like you I'll need a solicitor that will at least try to help(But it's finding the right one) cos I don't think I could cope with doing it myself it's way beyond me

 

I know your TS was a bit more understanding have you heard any more from them? are they still positive about BPF being in breach ?

[Fuzzbutt]

Hi Bluedo

 

These are the key arguments as laid out in the solicitor's letter....

 

"My request for cancellation stems from my right to cancel the associated agreement/contract under the provisions contained within the Law Reform (Frustrated Contracts) Act 1943 and also s75 of the Consumer Credit Act 1974, as the performance of the contract is rendered impossible in light of Advent Training collapsing, and I do not wish to be offered any like-for-like course provider because of the following;

 

 

1. By your own admission the source of another course provider could take several months;

2. The new course provider could be located in a different town/city than where I reside;

3. No guarantees can be given this provider will not collapse ;

4. The legislation relied upon to find me a new provider, also provides me with the right to refuse to accept this provider.

 

 

Furthermore, you are fully aware that the people who enrolled to take this course, did so with a view of personal development so that they become more employable, and therefore your request/demand for us to wait for you to source another provider, does nothing than place myself and my family in financial hardship, which is completely unacceptable, especially because of an occurrence outside my control. "

 

Mantaxi kindly offered the full letter text on the last page.

 

My next step is to find a local solicitor who knows the Consumer Credit Act well to take it further. But I'm giving it 14 days again from this letter to see if this will rattle Barclays.

 

Edit- no, sorry I've had nothing back from local TS. They did phone me on the day they had my complaint though and were keen on the case. Said much what the solicitor says though.

Edited March 10, 2010 by Fuzzbutt

[Bluedo]

Thanks Fuzzbutt,

Thanks for that, See! that letter all makes perfect sense to me where I'm bamboozled is why all the bodies there to help consumers are so lax at doing anything there are laws to protect consumers but are people expected to DIY or am I naive (probably )

Hopefully your TS will come up with some news soon

 

Whatever happens I will not be accepting another provider my minds made up I can't see a judge looking at these circumstances and saying BPF is right to do that.

except that they are honouring the contract (that's their case)and that's what we need to get round legally we need to blow it out the water

[Conniff]

There is fear in here that you may be offered a school that is not as good as Advent. The UTCC states that any drop in the standard of a replacement is deemed unfair and can be refused. So if Advent sent you scribbling paper and this new school don't, then you are not getting what you have paid for.

 

i will dig out the regulations later.

[Bluedo]

There is fear in here that you may be offered a school that is not as good as Advent. The UTCC states that any drop in the standard of a replacement is deemed unfair and can be refused. So if Advent sent you scribbling paper and this new school don't, then you are not getting what you have paid for.

 

i will dig out the regulations later.

 

 

Thanks but the fear is in being offered any school at all I really don't want to be involved in this type of distance learning and should never have got involved with them. If BPF didn't do that then we'd be automatically refunded.

 

You get blinded by the sales patter of a new life your chance to make a great career for yourself and the promise of help to being employed with £30,000 to £40,000 pa wages so sign here and hurry hurry cos the places will be all be filled up.

Sorry!! for ranting any help appreciated thanks