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Can Clydesdale Bank avoid the CCA 1974 ? section 74 or 75 ?

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On the 21st August 2009, I ordered a Driving Instructor Course. The Course Agreement was between me and LVG Ltd trading as Red Instructor Training was signed 28/08/2009 in the sum of £3728.01. Clause 4c states that no refund is due if cancelled over 30 days from enrolment. (i.e. over 30 days from 28/08/2009)


On the 24th August 2009, Barclays Partner Finance issued to me the Fixed Sum Loan Agreement. The Fixed Sum Loan Agreement between me and Barclays Partner Finance was signed by me 28/08/2009 in the sum of £3,728 plus £569.68 Interest @ 9.9% APR repayable £119.38pcm.



On the 28th August 2009, LVG Ltd trading as Red Instructor Training issued Invoice numbered 24564803 in the sum of £3728.01. The Invoice clearly states that Remainder to be paid by Clydesdale.


4 months of repeated excuses by LVG as to why no course date has been set yet pass by, so i ring them expressing my intention to cancel the agreeement.


On the 11th January 2010 LVG Ltd trading as Red Instructor Training wrote to me acknowledging receipt of my intention to withdraw from the Instructor College course training and confirming that I am not entitled to a refund and confirming that the option of returning to the course remained open indefinately.


On the 16th February 2010 LVG Ltd trading as Red Instructor Training went into administration.


On the 17th August 2010 Driving Results Ltd trading as Red Instructor Training wrote to me to confirm that they no longer provide the 2 weeks intensive Dring Instructor Training Course.


On the 14th January 2011 Clydesdale Financial Services Ltd trading as Barclays Partner Finance wrote to me to advise that a specialised Debt Recovery Agency will be contacting you in respect of the above account.


I now turn to the points that need to be looked into further.


1. Other than the verbal intention to withdraw, did you ever actually cancel the Course Agreement ? i.e. subject to the administration of LVG

2. There is an extricable link between the LVG Contract and BPF, LVG introduced you to the Lender of that there is no doubt.

3. I need to check what rights that brings with it under consumer credit legislation.

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Moving this to Debt collection Repo.



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Equal liability


Under section 75 of the Consumer Credit Act 1974, the credit provider may be equally responsible for any breach of contract or misrepresentation by a supplier of goods or services on credit.

Section 75 provides that the credit provider will be 'jointly and severally liable' with the supplier if:

  • the cash price of the item is more than £100 but not more than £30,000

  • the credit agreement is regulated under the Act, and

  • credit is advanced under arrangements between the credit provider and the supplier.

Section 75 applies to purchases on credit cards (depending upon the cash price of the goods or services) and also retail credit.

It does not apply to purchases using charge cards, debit cards or credit card cheques.

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I suspect CCA74 s75 covers you - and there are already a similar examples on the forum for "Train 4 Trade", "Advent Computer Training", and "Skillstrain".


Take a look at these and see how they match to your scenario.

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I want to know if despite the agreement saying Fixed sum loan agreement regulated under CCA 174, that it is in fact for all purposes a creditor supplier debtor agreement bby virtue of the existing arrangemeents between the creditor and the supplier (i.e. introduced by the supplier, set up by the supplier, monies paid direct to the supplier). I did post this originally in the legal forums but it got moved to her.

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