Is this agreement valid?

[jaycee]

Hi,

I would like to know if anyone would be able to help me please.

Long story short, a guy called round at our home to `sell` my son a course on gaming. He was here for around 3 hours, we were told that the company were endorsed by several companies including Cisco and Microsoft, I have since found out that this is untrue. On their welcome dvd on the end credits the name Microsoft is there.

After signing the contract the guy left leaving my son with a briefcase containing his course work. On looking at the course work the dvd that he was meant to use to start his course was missing. After many phonecalls to the company they finally sent the dvd 2 years later.

I asked CDF the finance company for a true copy of the agreement which they sent me last week. There are a couple of discrepancies on it.

On my pre-contract and on the pink copy of the agreement that I have in the key financial information section (c) it states: your first repayment will be due 36 months after the advance date, and subsequent repayments will be due at monthly intervals.

On the copy they sent me last week in the same section (c) it states: your first repayment will be due 1 month after the advance date, and subsequent repayments will be due at monthly intervals thereafter. This has been changed with blue pen, I have never received any other copy from CDF.

Also there is no signature on the agreement that I had yet they have signed the copy they sent me last week in what looks like blue carbon, I cannot read the signature so dont know who it is from.

There are many things I am unhappy about with this company, mis-selling, misrepresentation, lack of materials and the agreement form seems to be incorrect also.

I would appreciate any information or help that anyone could offer me please, I have contacted the FOS but they say they are unable to help as there are too many parties involved.

Thankyou.

[pompeyfaith]

Re: Is this agreement unenforcable?

Best to email copy of agreement to Niddy here using a copy of post above

allaboutFORUMS

[jaycee]

Re: Is this agreement unenforcable?

Flowerpower - Thankyou for your post. The course was signed for in Sept 2009, it was for £4900 and yes I have made each and every payment, apart from the last one at present.

Pompeyfaith - Thankyou for your post also. I wasnt too sure where to post this. I will try forward the details to Niddy including my post above.

Thankyou.

[Never-In-Doubt]

Re: Is this agreement valid?

the agreement is a CCA one but after the s.127 repealed date so forget UE. Maybe consider misselling - remember you would have still had cancellation rights within the agreement, why did you not take them up on that?

[jaycee]

Re: Is this agreement valid?

Hi Never-In-Doubt,

Thankyou for your reply.

We were told you could only cancel within the first 7 days of the agreement. I did try cancelling after a few months whilst waiting for the dvd but was told we were unable too.

Its such a mess, I dont know whether to go for misrepresentation, mis-selling or just try the route of the credit agreement. I dont seem to have much back up with this until now, I have tried everywhich way but to no avail.

The point being if they had have given my son the correct materials to commence his course then none of this would probably have arisen. In a way it is a good thing as I have also read that these courses are out dated and the qualification you receive is no good anyway.

I feel we have been lied to from the very beginning, we were completely mis -sold the course with promises of accreditations and endorsements from certain companies, some of which I actually have emails from to prove they do not endorse T2G. The dvd didnt arrive for 2 years, the qualifications are useless and they keep passing me from CDF to T2G and back again when I have complained. The director of both these companies is the same person, Jan Telensky who is also director with Train Skills, Trade 4 skills and many more. The company did appear on Watchdog a few years ago which I have seen online on the Watchdog site. I wish I had seen it before all this.

Thankyou.

[Never-In-Doubt]

Re: Is this agreement valid?

But based in the DVD being a primary element of the package it should have voided the contract.

Point is, imagine buying a laptop and only getting the cable... Would you pay or demand the actual laptop or refund? A laptops a few hundred; thus was thousands.

You've been had. Ok back to basics, when did you complain, has the course completed, what exactly was this, how much or how many payments have you made?

Have you ever formally complained in writing?

[jaycee]

Re: Is this agreement valid?

Thankyou for your reply.

I had no reason to think at the time that these companies had no affiliation with T2G at the time of the agreement. It wasnt until I started looking into the company that I found this out, due to a couple of websites with the information on. One being Rob Agers website collativelearning.

My son was 17 at the time which is why I had to sign the agreement. Once we realised that the dvd was missing from the course I called them and they said they would sent it to us. This carried on for a few months, still nothing forthcoming, so I guess my first complaint came quite early on. This took us out of any cancellation period we were given.

The course has not even been started never mind completed. They sent another briefcase in October last year with the full materials inside, they did say that my son could lengthen his duration of the course because of the lack of materials. They dispute that I made any of these calls and of course I regret now not putting this in writing. After they sent the second briefcase I did write them a letter saying that I take that as an admission that the course was not correctly given to my son in the first place.

I asked for a final letter of confirmation on their stand in this case and they did reply saying that my son had received the full course in the first place as he had logged on, although I dispute this as there is no way that could have happened.

I have paid each month since the very beginning, at present the total amounts to £2655 to month ending April. I have not yet paid the May installment.

I have complained in writing to T2G and CDF but to no avail. I have been in touch with the FOS who have looked into this but they say that they can not help as there are too many parties involved. They did write to T2G and asked them to issue me with a final response. They sent me the final response saying that my son had phoned his tutor - which I never disputed that he hadnt had his tutors details, although he was unable to contact him at later dates, that my son had logged on to his course with dates and times, which quite frankly I have no idea where they have had this from and also that we had not asked to cancel the course until a year or so after the agreement started. As my son was not getting anywhere with this so he wrote to them requesting that I spoke on his behalf.

Its only after looking into this company further that I realise how stupid I have been, but sometimes when you are put on the spot at the time with someone saying there are limited spaces and my son could not be gauranteed a place its very hard. I was also led to believe this was not a loan but was government funded, but I didnt really understand what he meant. I know how daft that sounds.

Sorry for the long post, thankyou.

[SXGuy]

Re: Is this agreement valid?

I feel for you, i almost got suckered in to something like this a few years ago. Had a guy come round who assessed me, gave me a little test paper, which i apprently passed, even though i knew some of the answers were wrong.

The course work would arrive, id complete it and send it off, it would get marked, and if wrong sent back. The bit that made me smell a rat was when i would send the same unedited course work back, and it would be signed off as completed.

I cant remember exactly what happened, but i do know my parents stopped paying them.

I Would perhaps consider contacting trading standards? as this is clearly misrepresentation. You have proof they claim to be endorsed by companies which have denied this to be true.

I think you have a good case with this one surely?

[jaycee]

Re: Is this agreement valid?

Hi SXGuy,

I only have the credits at the end of the welcome dvd as proof and a few emails from companies saying that they have never endorsed T2G, but without the brochure I have no prove. Even though the guy showed me and my son a brochure with the logos on he took that with him, probably as he knew it was untrue, so if the dvd holds no weight then there isnt much I can do. It would all be my word against theirs. There are many people though with the same problem with the same company, being told they are accredited and endorsed by certain companies, from different parts of the country too, so it cant just be the one salesman who called here.

The course was meant to be dealt with by an experienced person, whereas Mr. Elliott by his own admission said he had only been in the job for a week or two. Alarm bells should have rang but his pressure selling technique was second to none.

Thankyou for your post, its nice to know that I have support.

[SXGuy]

Re: Is this agreement valid?

What about contacting watchdog? you say they were on the show in the past, they might help? at the very least my give you some advice on what to do next?

[jaycee]

Re: Is this agreement valid?

Hi,

I did email Watchdog with this complaint a few months ago but havent heard anything from them. I think they need quite a few people with the same complaint.

I may try them again though.

[jaycee]

Re: Is this agreement valid?

Hi,

Quick update, I have been in touch with the Consumer people and they have now put it to the Trading Standards who will contact me in a few days, as I have followed their procedures and still there is no satisfactory outcome.

Wish me luck.

[CleverClogs (RIP)]

Re: Is this agreement unenforcable?

Flowerpower - Thankyou for your post. The course was signed for in Sept 2009, it was for £4900 and yes I have made each and every payment, apart from the last one at present.

As you have learned that you and/or your son was bamboozled by the untruths told by that company's box-wallah, why did you continue to pay for something that seems to be inherently worthless?

[CleverClogs (RIP)]

Re: Is this agreement valid?

We were told you could only cancel within the first 7 days of the agreement. I did try cancelling after a few months whilst waiting for the dvd but was told we were unable too.

Scam sales-wallah tells lies.

In other news, a bear has been seen crapping in the woods. Film at eleven.

Its such a mess, I dont know whether to go for misrepresentation, mis-selling or just try the route of the credit agreement. I dont seem to have much back up with this until now, I have tried everywhich way but to no avail.

Was the credit arranged with a separate company?

[CleverClogs (RIP)]

Re: Is this agreement valid?

I Would perhaps consider contacting trading standards? as this is clearly misrepresentation. You have proof they claim to be endorsed by companies which have denied this to be true.

I think you have a good case with this one surely?

Another way to approach this would be to use section 75 (link) of the Consumer Credit Act 1974.

Not only was there blatant misrepresentation on the part(s) of the course provider and/or their sales representative, the course provider has manifestly failed to provide a course of the quality described and which was endorsed by other companies such as Micro$oft or Cisco.

Section 75 makes the credit provider jointly and severally liable for the possible contract breaches of the course provider and/or the alleged misrepresentations by its sales-wallah.