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FOS decided against us - but we're right - HELP :(
MusicalLawyer
Posts: 700 Forumite
This could be long...
Boyfriend signed up to Train2Game in Feb 2011 at his home, which meant a loan of £5000 from Barclays for the fee's, he also paid a £100 enrolment fee. He wasn't left with a copy of the agreement, or cancellation notice etc by the Train2Game adviser. Next day wanted to cancel, so called them, asking how to cancel - the guy on the phone said he would deal with it. We cancelled the £100 enrolment fee which was sent as a cheque. we thought everything was cancelled.
Couple months later and we keep getting calls and letters from Barclays, as well as AIC regarding this 'debt'. (We didn't get the money - it went straight to Train2Game). We told them we had cancelled - they say we didn't.
They never left us with a copy of the agreement (it wasn't signed there and then by Barclays, it had to be sent off to be signed by them). Nor was we sent a copy of the agreement after it had been signed by Barclays. Train2Game continually state they posted this out - but cannot provide proof of postage.
When we finally did get a copy of the agreement (June 2011) - we wrote to them and cancelled, under (I think) S68 CCA 1974. However T2G are maintaining that we had a copy of this agreement prior to June.
I called T2G a couple of months later and asked someone called Louise if someone cancels a enrolment fee what happens? She told us that if this happened a student couldn't enrol on to the course - so, therefore, if my boyfriend couldn't enrol on to the course, why are they still taking the money from Barclays?
Trading Standards agreed with us, as new rules came out about 8 days prior to signing the agreement, that we could withdraw or cancel (don't remember which one) orally.
However the FOS decided against us.
They told us we can speak to the adjudicator - which we've left them a message.
But what happens now?
We totally believe that we are in the right.
Would it be worth taking Train2Game to Court over this?
Just to reiterate - we got no money from this, my boyfriend did not start the course at all, and doesn't even have the course materials.
Boyfriend signed up to Train2Game in Feb 2011 at his home, which meant a loan of £5000 from Barclays for the fee's, he also paid a £100 enrolment fee. He wasn't left with a copy of the agreement, or cancellation notice etc by the Train2Game adviser. Next day wanted to cancel, so called them, asking how to cancel - the guy on the phone said he would deal with it. We cancelled the £100 enrolment fee which was sent as a cheque. we thought everything was cancelled.
Couple months later and we keep getting calls and letters from Barclays, as well as AIC regarding this 'debt'. (We didn't get the money - it went straight to Train2Game). We told them we had cancelled - they say we didn't.
They never left us with a copy of the agreement (it wasn't signed there and then by Barclays, it had to be sent off to be signed by them). Nor was we sent a copy of the agreement after it had been signed by Barclays. Train2Game continually state they posted this out - but cannot provide proof of postage.
When we finally did get a copy of the agreement (June 2011) - we wrote to them and cancelled, under (I think) S68 CCA 1974. However T2G are maintaining that we had a copy of this agreement prior to June.
I called T2G a couple of months later and asked someone called Louise if someone cancels a enrolment fee what happens? She told us that if this happened a student couldn't enrol on to the course - so, therefore, if my boyfriend couldn't enrol on to the course, why are they still taking the money from Barclays?
Trading Standards agreed with us, as new rules came out about 8 days prior to signing the agreement, that we could withdraw or cancel (don't remember which one) orally.
However the FOS decided against us.
They told us we can speak to the adjudicator - which we've left them a message.
But what happens now?
We totally believe that we are in the right.
Would it be worth taking Train2Game to Court over this?
Just to reiterate - we got no money from this, my boyfriend did not start the course at all, and doesn't even have the course materials.
SAVINGS: £63.86 // £3,000
0
Comments
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If it was only an adjudicator you can then go to an ombudsman, but it takes a long time.
Ali x"Overthinking every little thing
Acknowledge the bell you cant unring"0 -
what was the reason that the FOS decided against you?More than Two Years in
Doing it the Niddy way:j:j:j0 -
They didn't say why - we were put through to the Adjudicator so he can tell us why, but he wasn't there so had to leave a message.
I just don't understand why they've decided against us?
My lecturer in Uni (Also a Barrister) said we were correct, as did the Trading Standards guy (Who also notified us that they're building a huge case against Train2Game currently).SAVINGS: £63.86 // £3,0000 -
i think first thing to find out in writing is why they found against you, this should be based on law, and I believe you can appeal but definitely get answers first.More than Two Years in
Doing it the Niddy way:j:j:j0 -
If "Barclays Partner Finance" were involved do some research on this and other sites.0
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We heard from the FOS they are sending us a letter with the decision and reasons.
Barclays Partner Finanace are involved yes, however it is Train2Game that we're complaining against. As they were the ones who sold the course and loan and did not provide us with the necessary paperwork.SAVINGS: £63.86 // £3,0000 -
Received letter from one of the FOS adjudicators, that decided not to uphold our complaint.
Basically they looked at the likelihood of Train2Game not leaving a copy of the agreement, and decided on that. Seeing as they're a company, and it's in their policies to leave a copy of the agreement - FOS assume that they did this. (When they flipping well didn't).
My question is, would he have taken in to account the situation at the time of all this happening? What I mean is, the adviser from Train2Game came to the house at 8pm... was talking to my boyfriends dad most of the time... boyfriend signed this Credit Agreement at gone 11pm. The adviser was in a rush to leave as he had a long drive to Portsmouth after leaving us (and this happened in Bromley, Kent). He was in a rush and just didn't leave a copy of the agreement with us.
Can they decide whether to uphold our complaint based on a 'probability'?SAVINGS: £63.86 // £3,0000 -
Did you know its ilegal to cancel a cheque for this reason,,,Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Did you know its ilegal to cancel a cheque for this reason,,,
No we didn't. Clearly neither did the people at Train2Game, that told us to do that.
This isn't about a cancelled cheque anyway - it's about whether the FOS can decide whether to uphold a complaint based on 'probability' and wether they'd look at the particular circumstances which are relevant to my complaint (which I'm pretty sure they're supposed to do).SAVINGS: £63.86 // £3,0000 -
its not illegal to stop a cheque like that.
its only illegal to pay using one when you know at the time you intend to stop it or it wont be paid.0
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