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paying by instalments for a college course, but did not enter into a cca agreement.

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  • paying by instalments for a college course, but did not enter into a cca agreement.

    Good evening all,

    I would like some factual advice on where I stand in my situation.

    I enrolled onto a distance education college course and was to pay for it under a CCA agreement by monthly installments earlier this year. I paid a deposit and the college sent me two CCA agreements signed and dated by them. I did not sign either agreements. I, however subsequently withdrew from the course and returned the course materials and both unsigned agreements. At the time of withdrawal, I had not started studying the course. The first instalment was not yet due at the time of withdrawal.

    A few days later I received the course materials back from the college together with the same two agreements and a cover letter which stated that, amongst other things, they are not accepting my withdrawal. I then put a stop on my card to prevent instalment payments from being taken and sent an email to the college to inform them of this. After the first payment was declined, I received an email from the college asking me to get in touch with them. I did this and I informed them that I had placed a stop against them to prevent payment from being made because I did not sign the instalment agreement. They told me that It does not matter that I did not sign the agreement, I still owe the college monthly payments. After an explosive argument, I cancelled the block on my card and so payment has continued. But I have still not signed and returned the agreement and I have not started the course.

    Please can someone give me some advice on where I stand on this matter.

    Thank you in advance.
    Tags: None

  • #2
    Re: paying by instalments for a college course, but did not enter into a cca agreemen

    Gee, after more than 100 views, no one has bothered to offer me any advice! Thanks a lot.

    Comment


    • #3
      Re: paying by instalments for a college course, but did not enter into a cca agreemen

      Did you sign any contract when you took up the course? What are the cancellation terms ?
      Who is the course provider?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: paying by instalments for a college course, but did not enter into a cca agreemen

        Where did you agree to start the course, at home or at the college?

        Thats is accept the terms and conditions of the agreement with the college

        Comment


        • #5
          Re: paying by instalments for a college course, but did not enter into a cca agreemen

          Originally posted by lawman1234 View Post
          Gee, after more than 100 views, no one has bothered to offer me any advice! Thanks a lot.
          This is a big site and sometimes threads get missed. The number of views refers to general views and those who've looked at the thread may not have been able to give you an answer. If a post gets missed for a couple of days, you can always give it a gentle :bump2:. Or you can also press the black triangle to report the post and bring it to the attention of the site team. :thumb:

          It would be useful to know what the terms were with regards to withdrawing from the course, the timings for doing so, etc. to be able to comment further so you may want to post up a redacted version. :typing:

          Comment


          • #6
            Re: paying by instalments for a college course, but did not enter into a cca agreemen

            Originally posted by Amethyst View Post
            Did you sign any contract when you took up the course? What are the cancellation terms ?
            Who is the course provider?
            Hi all,
            No I did not sign the contract.

            The course provider is: Stonebridge Associated Colleges.

            Not sure about the terms as they referred me to the distance selling regulations.

            At the time of enrollment, I was in Scotland and I phoned them from my Mum's place.

            Comment


            • #7
              Re: paying by instalments for a college course, but did not enter into a cca agreemen

              Terms. ( enrolment form - not credit agreement)

              8. Payment
              All outstanding debts to us must be made before we will issue
              you with a diploma or certificate.
              We reserve the right to refuse enrolment on any of the courses
              we offer.
              If you are using a credit agreement and paying for the course by
              instalments, you agree to pay the instalments promptly and on
              the dates specified in the credit agreement, irrespective of the
              speed at which you are studying. If you are issued with a new
              card, please notify us as soon as possible so that we can
              update our records.
              If you are paying by instalments and your card is declined or you
              miss a payment for any other reason, we will notify you by email
              and then letter, and your course account will be locked.



              11. Cancellation
              In accordance with the Consumer Protection (Distance Selling)
              Regulations 2000, you may cancel your course anytime within
              seven working days after you receive your course materials.
              To cancel your course you must send a signed, written notice
              via recorded delivery to the Cancellation and Conversions
              Department at our registered address (cancellations by
              telephone will not be accepted). You must also return your
              course and all related course materials in their original
              packaging to us at your own cost and risk,
              and in resaleable
              condition. We strongly encourage you to send the course
              materials by recorded delivery so that you can track the return.
              Upon receipt of cancellation notice and returned course
              materials at our registered address – and provided the course
              materials are, at our sole discretion, in resaleable condition - we
              will process the refund due to you within thirty days of our
              receipt of your written notice of cancellation.




              ( ref regs http://www.legislation.gov.uk/uksi/2...lation/12/made )
              Last edited by Amethyst; 23rd October 2015, 21:05:PM.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: paying by instalments for a college course, but did not enter into a cca agreemen

                Okay approx how long after receiving the course materials did you cancel & return them?
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: paying by instalments for a college course, but did not enter into a cca agreemen

                  Originally posted by Amethyst View Post
                  Okay approx how long after receiving the course materials did you cancel & return them?
                  Hi,

                  I can't remember the actual dates off hand. But I do remember that it was within the first month and before the first installment would have been paid. I did return all items including both unsigned credit agreements together with a covering letter.

                  However they just sent it all back to me within a couple of days. They were taking payments from my card via continous payment method. I did not fill in any enrollment form. So I do not believe the terms you refer to apply.

                  I have already discussed the matter with the financial ombudsman and due to ill health they offered to send them a letter of complaint on my behalf. I got a response but it did not help and so I contacted the ombudsman again. They told me to complete their complaint form and send it to them together with the college's response and any evidence. I can confirm that the matter is being considered by an adjudicator. I was also advised to put a stop request on my card with my bank which I did. According to my last telephone call to the ombudsman the adjudicator said they have not yet received the College's side of the story.

                  In the meantime, the college has handed the account over to their debt collectors, namely: Daniels Silverman. The dca have sent me an email asking for £193 odd on 16 Oct 2015. I have already informed the dca of the situation: Ie that the matter is with the ombudsman for resolution. I have not heard from them since.

                  Any advice would be grateful.

                  Comment


                  • #10
                    Re: paying by instalments for a college course, but did not enter into a cca agreemen

                    Originally posted by Amethyst View Post
                    Terms. ( enrolment form - not credit agreement)

                    8. Payment
                    All outstanding debts to us must be made before we will issue
                    you with a diploma or certificate.
                    We reserve the right to refuse enrolment on any of the courses
                    we offer.
                    If you are using a credit agreement and paying for the course by
                    instalments, you agree to pay the instalments promptly and on
                    the dates specified in the credit agreement, irrespective of the
                    speed at which you are studying. If you are issued with a new
                    card, please notify us as soon as possible so that we can
                    update our records.
                    If you are paying by instalments and your card is declined or you
                    miss a payment for any other reason, we will notify you by email
                    and then letter, and your course account will be locked.



                    11. Cancellation
                    In accordance with the Consumer Protection (Distance Selling)
                    Regulations 2000, you may cancel your course anytime within
                    seven working days after you receive your course materials.
                    To cancel your course you must send a signed, written notice
                    via recorded delivery to the Cancellation and Conversions
                    Department at our registered address (cancellations by
                    telephone will not be accepted). You must also return your
                    course and all related course materials in their original
                    packaging to us at your own cost and risk,
                    and in resaleable
                    condition. We strongly encourage you to send the course
                    materials by recorded delivery so that you can track the return.
                    Upon receipt of cancellation notice and returned course
                    materials at our registered address – and provided the course
                    materials are, at our sole discretion, in resaleable condition - we
                    will process the refund due to you within thirty days of our
                    receipt of your written notice of cancellation.




                    ( ref regs http://www.legislation.gov.uk/uksi/2...lation/12/made )
                    Hello Amethyst,

                    May I ask where you got these terms from?

                    Comment


                    • #11
                      Re: paying by instalments for a college course, but did not enter into a cca agreemen

                      Originally posted by lawman1234 View Post
                      Hello Amethyst,

                      May I ask where you got these terms from?
                      they're found on the T&Cs page - https://www.stonebridge.uk.com/terms-conditions
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: paying by instalments for a college course, but did not enter into a cca agreemen

                        Ahh no, I downloaded the prospectus and got them off the actual form that you fill in to sign up to the course.

                        Last page of attached.
                        Attached Files
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: paying by instalments for a college course, but did not enter into a cca agreemen

                          How did you sign up for the course originally ? Just by phone ?


                          Those terms on their webste have recently been updated to account for the new consumer rights act so won't have applied to you anyway as you signed up before 1st October. The new ones allow 14 days - much more realistic.

                          In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which replaced the Consumer Protection (Distance Selling) Regulations 2000, you may cancel your course anytime within fourteen working days after you receive your course materials whether in hard copy or online.

                          To cancel your course you must send a signed, written notice via recorded delivery to the Cancellation and Conversions Department at our registered address in Bude (cancellations by telephone will not be accepted).

                          In line with The Consumer Rights Act 2015, you also have a 14 day right to change your mind and get a full refund for digital content, i.e. Online courses, that you have purchased, unless you have already started to download it.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: paying by instalments for a college course, but did not enter into a cca agreemen

                            Originally posted by Amethyst View Post
                            How did you sign up for the course originally ? Just by phone ?


                            Those terms on their webste have recently been updated to account for the new consumer rights act so won't have applied to you anyway as you signed up before 1st October. The new ones allow 14 days - much more realistic.
                            Hi,
                            I signed up by phone only.

                            Comment


                            • #15
                              Re: paying by instalments for a college course, but did not enter into a cca agreemen

                              Originally posted by lawman1234 View Post
                              Hi,

                              I can't remember the actual dates off hand. But I do remember that it was within the first month and before the first installment would have been paid. I did return all items including both unsigned credit agreements together with a covering letter.

                              However they just sent it all back to me within a couple of days. They were taking payments from my card via continous payment method. I did not fill in any enrollment form. So I do not believe the terms you refer to apply.

                              I have already discussed the matter with the financial ombudsman and due to ill health they offered to send them a letter of complaint on my behalf. I got a response but it did not help and so I contacted the ombudsman again. They told me to complete their complaint form and send it to them together with the college's response and any evidence. I can confirm that the matter is being considered by an adjudicator. I was also advised to put a stop request on my card with my bank which I did. According to my last telephone call to the ombudsman the adjudicator said they have not yet received the College's side of the story.

                              In the meantime, the college has handed the account over to their debt collectors, namely: Daniels Silverman. The dca have sent me an email asking for £193 odd on 16 Oct 2015. I have already informed the dca of the situation: Ie that the matter is with the ombudsman for resolution. I have not heard from them since.

                              Any advice would be grateful.
                              Hi all,
                              Has any body here had any dealings with Daniels Silverman?

                              Are they aggressive when chasing debts? Or are they decent to deal with?

                              Do they use the same scare tactics as other dcas?

                              Comment

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