FOS decided against us - but we're right - HELP :(

nottoolate

even a court only decides things on the balance of probability. the fos has just weighted that probability wrongly here. you need to complain and get it looked at by an actual ombusman not an adjudicator

MusicalLawyer

Oh OK. Thanks a bunch, we were going to get it looked at by an ombudsman anyway - going to call them tomorrow.

Thanks a bunch. x

nottoolate

MusicalLawyer wrote: »

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.

not a safe assumption to make. the adjudicator who thought that is a wally

in a recent court case a judge threw out a similar stupid assumption that barclaycard tried to get away with

27. Firstly, she submits that Barclaycard are and were a reputable large-scale organisation who had in 1996 a legal department and a compliance department and therefore, in effect, it is inherently unlikely that they would make the mistake of sending out an application form in a magazine without the prescribed terms stipulated in the Regulations to which I have referred, particularly as the Regulations has been in force for a number of years at that time.

28. That is a perfectly proper point for Miss Margiotta to make. However, it seems to me that it would be wrong for me to place too great a reliance upon that, particularly as one knows that there have been numerous more recent examples where financial institutions of similar size have on occasions made errors in terms of compliance with their financial services obligations.

MusicalLawyer

Thanks nottoolate

In the circumstances, I really don't think it's unreasonable to believe that the adviser didn't leave a copy of the agreement with us. Considering he'd be at the house for 3 hours, it was gone 11pm, and he had to drive to Portsmouth and was in a rush to leave. The adviser is only human - when I'm in a rush or tired I forget the simplest of things.

MusicalLawyer

So I just called the adjudicator and he said that he is going to "review" the case and get back to me this afternoon, as he didn't take in to account the circumstances.

He also stated that, although they have to take into account the law, they aren't governed by it, and deal in 'fairness' rather than law.

I seriously hope they find in our favour. I have just paid off all of my debts (yay), and I just really don't think we can deal with another £5,000 over our heads

taffy056

MusicalLawyer wrote: »

So I just called the adjudicator and he said that he is going to "review" the case and get back to me this afternoon, as he didn't take in to account the circumstances.

He also stated that, although they have to take into account the law, they aren't governed by it, and deal in 'fairness' rather than law.

I seriously hope they find in our favour. I have just paid off all of my debts (yay), and I just really don't think we can deal with another £5,000 over our heads

Well done on paying the debts by the way :T
In regards to the £5k loan, you never received it I gather, so how can it be fair that you must pay it back ?

MusicalLawyer

It was because the money went straight to Train2Game for the course fee's. But my OH didn't start the course, or anything - as we thought we'd cancelled it the next day - but apparently we didn't.

The whole thing boils down to whether or not Train2Game left us with a copy of the agreement. (They didn't) When we first got a copy, we cancelled straight away under S68? CCA 1974.

Really, we don't owe the money, we did all that we should have - but it's just proving that they didn't' leave us with a copy of the agreement

MusicalLawyer

Spoke to the adjudicator after he reviewed the matter - he is still sticking to his original conclusion.

We're going to get an Ombudsman to look at it - but we're also considering going to a solicitor, as this had been going on for too long now. This loan is now a debt - a defaulted debt, and has bee defaulted for a year now.