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Hi everyone

Access 2 Trade student here, completed a week of the course last year, am due to pay my £6k on friday, if i don't i get charged the astronomical interest rate. Im in a catch 22... if i pay, i could potentially lose 6k, or I may get it back by complaining to the FOS, which by the looks of it wont be anytime soon, or I can hold out that I can get out of this contract, not pay the 6k, cancel direct debits for the loan agreement and hope i win. I sent a letter to Barclays on the 27th of april, record delivery, proof of signiture online from 'barclays' - however, they say they have not recieved it... more to put in my complaint to FOS!

 

Course was in Worecester, where I work, new course with OLCI not in Worecester, therefore, not convieant for me and i would have never have signed up if it was not in Worcester.

 

Barclays have said this is a 'distance learning course' and i would have signed this to confirm it.. this is there only excuse??!

Barclays have refused to put the account in dispute, so I have to wait now I guess to report to FOS...

 

anyone else in a simular predicament? thanks

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Hi everyone

Access 2 Trade student here, completed a week of the course last year, am due to pay my £6k on friday, if i don't i get charged the astronomical interest rate. Im in a catch 22... if i pay, i could potentially lose 6k, or I may get it back by complaining to the FOS, which by the looks of it wont be anytime soon, or I can hold out that I can get out of this contract, not pay the 6k, cancel direct debits for the loan agreement and hope i win. I sent a letter to Barclays on the 27th of april, record delivery, proof of signiture online from 'barclays' - however, they say they have not recieved it... more to put in my complaint to FOS!

 

Course was in Worecester, where I work, new course with OLCI not in Worecester, therefore, not convieant for me and i would have never have signed up if it was not in Worcester.

 

Barclays have said this is a 'distance learning course' and i would have signed this to confirm it.. this is there only excuse??!

Barclays have refused to put the account in dispute, so I have to wait now I guess to report to FOS...

 

anyone else in a simular predicament? thanks

 

Hey Casper,

I've been searching all day for similar answers to if I need to keep paying or not. Basically, if you don't pay, it could seriously affect your credit rating!

Have a look back through this forum, you need to send a dispute letter in and also PM Fuzzbutt with your name and email address, she has a solicitors firm acting on behalf of us all! If you sign up, there's big help and a website with all updates!

 

I spoke to FOS today and they said you need to lodge a complaint with Barclays, have them refuse to cancel your account (or whatever you asked for) then write back to them and wait 8 weeks(!!!!!!!) for a reply before they can do anything!

Takes a looooong time but hopefully will be worth it!!

Good luck!

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Hi Zeb,

email [email protected] leave your real name, email address, you will be emailed a link to an Action website where you will get access to FAQ's and a couple forms to sign and send to Hausfeld it will all be explained on the website there is also a template for a dispute letter you would need to send BPF to get a stop put to there nonsense wanting money. if you need any help or don't get the link just ask again.

You can also log a complaint with the FOS and after 8weeks from the date of your complaint to BPF they will take up your case.

 

 

thats brilliant thanks bluedo. i have sent them a letter of my own already should i send the one from the action group to?

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Hey Casper,

I've been searching all day for similar answers to if I need to keep paying or not. Basically, if you don't pay, it could seriously affect your credit rating!

Have a look back through this forum, you need to send a dispute letter in and also PM Fuzzbutt with your name and email address, she has a solicitors firm acting on behalf of us all! If you sign up, there's big help and a website with all updates!

 

I spoke to FOS today and they said you need to lodge a complaint with Barclays, have them refuse to cancel your account (or whatever you asked for) then write back to them and wait 8 weeks(!!!!!!!) for a reply before they can do anything!

Takes a looooong time but hopefully will be worth it!!

Good luck!

 

Yeah Im going to pay the 6k upfront by the end of the week... it's gutting cos i dont want to, but i may end up shooting myself in the foot if i dont and they whack on the interest... im going to have to fight for a refund now, rather than just to cancel my finance agreement.

I've also noticed that OLCI (the new provider for Acces2Trades) has an 8 week course, my original course with A2T was 4 weeks..????? they expect me to take 2 months off work now unpaid? dont think so!

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Advent were certainly not sticking to the two year limit.

 

I initially signed up to study the MCDBA course with Advent in November 06 with all the same promises as the rest of you. I was in fact told I could take 10 years to complete if I wished, and was advised that it would realistically take me 3 years. I was on track to complete in three years when this qualification was retired.

 

In January 2009, 2 months AFTER the two year expiry date they offered me a place FREE OF CHARGE on the new MCITP course, which I took. So that's 4 more modules to complete after the two year expiry date. I've sent proof of this to the legal team.

nice 1 ,few more of these should really help

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Yeah Im going to pay the 6k upfront by the end of the week... it's gutting cos i dont want to, but i may end up shooting myself in the foot if i dont and they whack on the interest... im going to have to fight for a refund now, rather than just to cancel my finance agreement.

I've also noticed that OLCI (the new provider for Acces2Trades) has an 8 week course, my original course with A2T was 4 weeks..????? they expect me to take 2 months off work now unpaid? dont think so!

 

Maybe just give the CAB a call and get some advice because our circumstances may be very different!

If you haven't paid yet, are you still within the 2 weeks cooling off period? or is it just a delayed payment. The time off work could be a strong case for you!

If you don't get any luck with the CAB then maybe call a solicitor and just try to get some advice!

I called Hausfeld today (the solicitors helping us) and she was so kind and understanding and gave some good advice!

 

I fully understand it's absolutely gutting having to pay for something you're not receiving but it'd be even worse to have a ruined credit rating and like you say, a fine! But it is worth looking into before you send the money!

GOOD LUCK!

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Maybe just give the CAB a call and get some advice because our circumstances may be very different!

If you haven't paid yet, are you still within the 2 weeks cooling off period? or is it just a delayed payment. The time off work could be a strong case for you!

If you don't get any luck with the CAB then maybe call a solicitor and just try to get some advice!

I called Hausfeld today (the solicitors helping us) and she was so kind and understanding and gave some good advice!

 

I fully understand it's absolutely gutting having to pay for something you're not receiving but it'd be even worse to have a ruined credit rating and like you say, a fine! But it is worth looking into before you send the money!

GOOD LUCK!

 

yeah i went on their website but its all amercian??

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After being sold a self-paced course by Advent with no timescales, My wife has now received an email from CompuCrap confirming my Advent file has start an end dates (3 years in total). We have the student copy of the enrollment form which she signed and it has no start or end date populated. Surely this is a breach of contract as we have not been told or agreed to any timescales on the contract? Nail in the coffin I think.

 

I had canceled my DD and have put my account in dispute, however I don't want to take the chance for BPF to ruin my credit rating and so I'll be setting it back up. If I get a refund, it'll just be more I get back.

 

My account is with the FO and they confirmed that they are looking into it and it will be with an adjudicator soon. They send a letter of confirmation yesterday and I should get it today or tomorrow. :D Another fine for Barclays :D

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My payments were meant to start last month, they re-started my DD but I cancelled it. I have had a letter through charging me £22 for not paying. Tough ****, they are not getting any money out of me. I'm not worried about my credit rating, it's easy enough to build back up again

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My payments were meant to start last month, they re-started my DD but I cancelled it. I have had a letter through charging me £22 for not paying. Tough ****, they are not getting any money out of me. I'm not worried about my credit rating, it's easy enough to build back up again

 

 

Remind [in writing] BPF what Account in Dispute means.Then send complaint to FOS.If they do not follow guidelines = fines.And BPF have to amend your credit rating. The credit rating threat is usually..erm just a threat.Your account is in dispute..you are not a financial criminal.

Unlike BPF [Possibly].

Edited by lowdown
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Send this letter to your bank if they threaten to issue a default notice:

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of having this account investigated by the FOS. I consider this account in dispute due to the facts I have made in my previous correspondence which has yet to be responded to. I am taking legal advice on this matter.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

The current Lending Standards Board (Section 3.35) states:

 

Subscribers can give CRAs default information about a customer’s debts if:

the customer has fallen behind with their payments

the amount owed is not being disputed by the customer;and

the customer has not made a proposal that satisfies the subscriber for repaying the debt following the subscriber’s formal demand.

 

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

 

Yours sincerely,

Edited by Bluedo
amending to current
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I was due to pay the lump sum in March I didn't,cancelled dd, BPF have included the interest (to an account that was on hold)all the more they have to refund except it's only figures on paper as such because I haven't paid anything. The account was on hold since the 1st March and on the 16th they issued me an arrears default notice(still on hold) I responded with a letter informing them not to report to CRA's as it would give cause for action against them under the Data Protection Act.

they sent another payment demand 22nd this again was replied to by another letter from me. they investigated my complaint that they received in February, 8weeks to the day since Advent ceased they sent out a conclusion to their investigation They found section 75 of cca does not apply and they have honoured the agreement by presenting me with Computeach a gold partner.(Fabulous!!)

They have since informed me to set up the direct debit I replied with a dispute letter as I don't agree with their decision I do not want their suggestion of a "Gold Partner" Computeach with a lawsuit on tow.

I will not be threatened or bullied or held to ransom over a credit report when I have a genuine grievance.

there are consumer laws and OFT rules that an account that is being disputed by the customer can NOT be reported to CRA's by Banks or this action has a cause of action and can be a condition for recourse by the courts.

I have received a monthly report from experian there has been no additions to my credit report last month.

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They found section 75 of cca does not apply

 

That's the bit that pi***s me off the most. I don't know why they think S75 doesn't apply to them. Are they not bound by UK law? They other thing that really annoyed me is that they try to make you believe it was a personal loan. If it was a personal loan why did it not go into my bank account so I could do whatever I liked with it? These d*ck heads think we're idiots

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That's the bit that pi***s me off the most. I don't know why they think S75 doesn't apply to them. Are they not bound by UK law? They other thing that really annoyed me is that they try to make you believe it was a personal loan. If it was a personal loan why did it not go into my bank account so I could do whatever I liked with it? These d*ck heads think we're idiots

 

They've underestimated us Lankus :D

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They've underestimated us Lankus :D

 

I just like to think about them digging their grave that little bit deeper with every fob off letter, FOS complaint and general unacceptible business practice. Hopefully there'll be an update on Fuzz's site this week.

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there are consumer laws and OFT rules that an account that is being disputed by the customer can NOT be reported to CRA's by Banks or this action has a cause of action and can be a condition for recourse by the courts.

 

 

Be aware that some companies just go ahead and do it and argue the toss later.

 

If that occurs, the going rate in civil court for an unjustified default is £1000 plus your costs. If you can prove that the default actually caused material damage ie you were refused a loan, mortgage or it effected your employment prospects, that is in addition. Some while ago a chap found himself refused a mortgage which did cause considerable material damage.

He was awarded over £100k by the court.

 

David

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They other thing that really annoyed me is that they try to make you believe it was a personal loan. If it was a personal loan why did it not go into my bank account so I could do whatever I liked with it? These d*ck heads think we're idiots

 

FOS told me on the telephone, it was something called a 'link loan', and not a personal loan.And it makes BPF more tied and bound to S75 than they think. [ If this is true remains to be seen at the moment]

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Be aware that some companies just go ahead and do it and argue the toss later.

 

If that occurs, the going rate in civil court for an unjustified default is £1000 plus your costs. If you can prove that the default actually caused material damage ie you were refused a loan, mortgage or it effected your employment prospects, that is in addition. Some while ago a chap found himself refused a mortgage which did cause considerable material damage.

He was awarded over £100k by the court.

 

David

 

Hi Cashins,

Thanks for the info that's good to know how long would that stand do you know how long you would get to respond to a default action.

Probably Barclay will be "One of those companies" I have never known such incredible arrogance and they will not accept any responsibility at all or have any intention of easing the situation

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Hey dudes not logged in for a while but I've still been following this thread daily.

After my account was took off hold I was due to pay the first DD on the 7th of May. Come the 8th (last Friday) BPF rung I just followed the advice and said that my account is in dispute and my legal representative has advised that I should only deal in writing from now on and that as far as I'm concerned the phone call ends here before politely hanging up. It seem to do the trick that is until today when my girlfriend answered the phone to guess who I was fast out after doing a night shift.

Anyway sorry to blab on but I checked my Experian credit report which has been updated today and no bad marks from BPF which was a major shock they must be on the back leg with all these dispute letters and mentions of seeking legal advice.

Hope everyone else who has sent dispute letters and are worried about their credit rating has the same outcome as myself.

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Jesterjoe

That's good news about your credit report so far so good same as me.

They have been trying to frighten us into paying can't wait to see what they're next move will be after this week, or if it makes any difference to them nothing will surprise me now other than they send out a generic letter to us all cancelling the contracts (wishful thinking) ;)

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