Computer training company agreeing to cancel agreement, but then not.

Thatgutcraig

I agreed to take out a computer training course last year with this company.

I got the first set of letters, and after reading through them, realised that what I got sold is not really what they were offering. I proceeded to contact them and advise them of my problem (which also included the fact that I changed job and housing situation, meaning I could not afford any payments) and they was happy to tell me not to worry, it would be cancelled. (the main problem is that they take out a loan with Barclays partner finance to fund the training)

Fast forward a year, and money starts coming out of my account. I Cancel the direct debit, and contact Barclays and the computer company, who claim never to have heard about my call to cancel the course.

I had various contact and disputes with them to try and sort this out, and I even contacted local and national papers, office of fair trading, financial ombudsman, citizen’s advice bureau etc... and advised them of the same.

After my local paper made a call to them about the situation, they agreed to look in to it, and it transpired that they in fact owned up that it was their fault (maybe not in as many words)

Speaking to one of the financial mangers, we came to an agreement, that if I paid £250 to them (for correspondence, initial letters, registration etc) that they would cancel my course, and the agreement with Barclays finance. I had a letter drafted up from them to this affect which I have on email.

The letter asked me to reply by a certain day in August, agreeing to the terms, which I did. I then sent a cheque to them, which they claim never to have received, so the cheque was cancelled (it was a loan from a family member) and I told them that I would have to find the money to pay them on card payment.

Times have been hard, and I struggled to find the disposable income to pay this. I did, however, keep in contact at all times with the finance manger, advising her that the money would be paid ASAP, and she was fine with this. I paid the money in December, and asked that I received confirmation of the payment.

I received no emails to this affect, and yesterday came home to a letter from a debt collection company, demanding I pay them the full amount of the loan AND MORE by the 14th of January or it will go to litigation. (as a matter of a fact, they are asking for the total loan, PLUS the full amount of interest that would accumulate over 4 years or so)

I have spoken to this company a few weeks back after their first letter, and advised them of the problem. It seems that they choose to ignore this, and the computer company has broken their promise? As I say, out agreement is all in writing.

Can any one help? Have any suggestions etc? I am really, really stressed out about this now, and am panicking that I’m going to get in to serious trouble.

I have email the companies today, and will peruse with a phone call at lunch.

GeorgeUK

I would send a photocopy of the letter (or email) to the DCA and inform them that the payment was sent and received by the original company. The debt should not have been passed on to them.

The only possible sticking point is that if the emails stated August and you made payment after this, if you did not receive anything in writing after this it may be difficult to prove that they agreed to extend this time limit.

I would definately try to get back in touch with whoever you were in contact with before and hopefully it will be sorted out.

You may also want to ask national debtline for their opinion of your rights with the agreement.

Thatgutcraig

the email from them said that I just had to agree to the terms, which i did.... they didn't really give me much time to gather the money they was asking me for. I kept in contact with them and received replies saying that paying when i did was fine.

DarkConvict

Just write back to the computer training company stating payment was sent in both August 09 and December 09. And they have not confirmed if they have received / cashed the payment. Say you stand by the terms of the agreement and as far as you are concerned this debt has been paid. You feel you cannot be held liable for the trail of mistakes the company has been making, looking back at your previous experience this is not the first time they have dragged there feet in the sand.

If the DCA continue sending letters, just state that a payment has already been made to the original creditor as final settlement of this account before it was passed to them. As such they should close the account and notify the original creditor they will not be perusing it further.

GeorgeUK

Yo ushould definately write to them requesting written confirmation that the debt was paid off as agreed in the email (attach a copy for them). State that if you do not receive a response, you will have no option but to make an official complaint.

Have you checked your credit file?
Is this debt showing there, possibly as defaulted?

Thatgutcraig

GeorgeUK wrote: »

Yo ushould definately write to them requesting written confirmation that the debt was paid off as agreed in the email (attach a copy for them). State that if you do not receive a response, you will have no option but to make an official complaint.

Have you checked your credit file?
Is this debt showing there, possibly as defaulted?

I cant say that i have.

Ive just heard that advent has gone bust... there a MASSIVE thread on it in "loans"...

DarkConvict

I have no idea how that will affect you.