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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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,3 years ago while at university I undertook a training

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Hi, 3 years ago while at university I undertook a training course with a company which marketed the course as a feasible means of making a good salary through Personal Training. I undertook the 6 week course and signed an agreement to repay over a set period at a set amount per month. In the terms of the contract they offered to not only train me up but provide employment help following the course. Following the course, which was in fact an extremely basic level, nothing like advertised, I retrieved an offer through a friend of mine to work at a local gym, following 3 months work I seriously injured my ankle and as a result couldn't attend, and as the gym was a 'rent payable' gym I couldn't afford to continue paying and not work so I had to quit. After recovering I tried to find a role but the market was extremely saturated, and the company offered no help to find a role for me. As a result I started a dispute with the company , challenging the contract. I had no reply until around a year later when I was summoned to court for failing to pay the monthly instalments. I challenged them and as they failed to submit court documents the case was dismissed and again I heard nothing from them following. Until recently I did a recent credit check and found I now have a default on my credit account. When I found this out I rung up to make a settlement offer which they accepted. For some reason they did not respond to my initial offers and made no effort to contact me regarding my dispute or failure to pay. Except for this once instance I have a perfect credit score, however being a young professional I now work for a financial institution and I am looking to move to London to undertake a role there. I understand this default will hinder my chances of retrieving credit for mortgages, etc. Now, if I was to blame I would accept this but I think I have ground to challenge. At no point did the company issue me a Default Notice, which I believe by law is required before further action can be taken. I emailed them regarding this and they sent me a PDF version of my default notice, which for all I know could have been created recently. The other point is I was challenging the contract itself, and following the court ruling due to them not providing court documents I perceived for this contract to be terminated. The company itself has had numerous bad reviews from participants and I am not the only now who has been put in this spot. I need some legal advice on angle I can tackle this from, as I have attempted the usual means of contact. I would like to take this to court as I know the company are in the wrong but I need some legal knowledge in order to help make my case. Your help will be greatly appreciated.

For Example, Can I fight for breach of contract if I can prove that they breached before I stopped making the instalments. Also is there an angle I can work with on the default notice as I 100% did not receive any form of contact from them let alone a default notice.

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Hi Jo.

Although I know that I did not receive the default notice, and many other customers have felt the same way I have regarding the service the company has provided I need to build a case from a legal stand point.

Although this one will be difficult to win I am willing to invest time and money due to the fact I was not totally to blame.

I need to know the legal grounds to challenge the case. Would it be best to attack the contract breach their side (which was before I breached my side by stopping the monthly instalments) or is it best to focus on the default notice not being delivered.

I have digital letters of dispute I sent to them in regards ***** ***** contract which was before I took any further action.

Expert:  Jo C. replied 2 years ago.
What was the breach on their part?
Did they actually guarantee a job?
Customer: replied 2 years ago.

It was built into the contract that following the course they would provide a service to help candidates find a role within the industry, providing career help.

However this not provided. Is it possible to file this as a Anticipatory Breach. If the company had provided the services they where contractually obliged to do and it had a direct effect on my ability to oblige by my side of the contract

Expert:  Jo C. replied 2 years ago.
No.
What did they specifically offer that was not available?
Customer: replied 2 years ago.

1) We agree to register you as a member of our academy and to provide a personal training course which will be concluded within a 3 year period. The course will include an intensive personal training course which will be completed during the first year following registration. Upon successful completion of the intensive personal training course you will receive a Certificate of Qualification and you will be entitled to register on the Register of Exercise Professionals and as such will be recognised as being qualified to instruct and train individuals.

2) During the remainder of the three year period and after the successful completion of the intensive personal training course, you will receive on-going support and assistance via online training. This, together with any additional training deemed necessary over the remaining two year period, will be sufficient to comply with all continuous professional development required.

3) On going career support upon completion of the intensive training course will also be provided to all students.

Customer: replied 2 years ago.

They did not uphold 2 or 3. Only 1

Expert:  Jo C. replied 2 years ago.
OK. In what specific way? 3 is very indistinct
Customer: replied 2 years ago.

Following the course I received no further communication or access to a website for further training. I sent multiple letters complaining about the course and had to reply until I took further action (stopped paying the monthly installements)

Expert:  Jo C. replied 2 years ago.
Did you make any enquires of them?
Customer: replied 2 years ago.

Hi Jo,

Yes I wrote 2 letters but had no response. This is why I ended up taking the course of action I did

Expert:  Jo C. replied 2 years ago.
Did you take a loan out to fund the course? That is quite a common way of doing it
Customer: replied 2 years ago.
Hi Jo,
Yes the loan was offered by the company who offered the course, although I guess this was outsourced in some form
Expert:  Jo C. replied 2 years ago.

Cases like this can actually be quite complicated not because of what the training provider has provided or not provided but because of how the contract is set up.

Generally, although the training provider provides the finance facility, it does it by applying through a separate loan company. So you make an application for a loan and then the money from the loan is used to buy the training.

It works in exactly the same way as if you borrow money from the bank and then it’s up to you what you decide to spend it on. In this case, you borrowed money from an entity and then decided to spend it is on the training. It then transpires that the training that you decided to buy with it is not particularly good but that’s not an issue for the lender.

Where this gets complicated is whether the lender is in fact the training provider or whether it’s a separate organisation altogether. Sometimes the training provider actually owns the lender but nonetheless they are then two separate organisations.

How this then gets dealt with is that you sue the training provider for breach of contract but meanwhile you still have to pay the loan back. Ultimately, what you want from the training provider is the full cost of the loan.

What you need to do therefore is look in detail at the paperwork to see exactly who the agreements are with because they are the ones that you take to task over this.

What I have outlined their is a common situation but it’s not necessarily the case and it may be that the training provider simply got paid by you on the drip as they provided the course. If that is the case, it makes it much more simple because you can wait until they sue you and then you defend the proceedings on the basis that they are in breach of the provisions of the Supply Goods and Services Act for failing to carry out the job (provide the course) with reasonable care and skill.

Can I clarify anything for you?

Customer: replied 2 years ago.

Hi Jo,

I did some research on the contract and it seems the provider do actually supply the loan under the same company (TTR PT LTD). So the information above is useful and it's always good to know it will not backfire if this went to court. The issue I have now is that I settled the fee as soon as I found out was still active on my credit score. So what I am trying to do is settle the default on my credit file more than anything.

Is the only way to do this to challenge the contract itself as you mentioned above? I guess this is the best way to achieve the end goal. Do I have any easier means of challenging , for example, the fact that they did not deliver to me a default sum notice, they have a PDF version of the file which I requested in my Data Protection request to them, but no evidence it was actually sent out of the building.

Expert:  Jo C. replied 2 years ago.
Sorry for the delay. I lost my connection. I will look at this now.
Expert:  Jo C. replied 2 years ago.

I assume what you are saying is that it is the college which funded this and that you are paying the college on the drip not that the college arranged a loan.

Under section 87 of the Consumer Credit Act 1974

it is a requirement to serve a default notice before they can terminate the agreement or demand earlier payment or recover possession of the goods or enforce any security. None of that applies to you. There is no security for the loan.

From what you have said, it also appears that it is not a regulated agreement under the provisions of the Consumer Credit Act. You could argue that it should be regulated and therefore its an enforceable because they didn’t give you the right to cancel and I think that’s probably an idea under Sections 8 of the act. If however they argue that it’s not a loan but you simply pay for the course if you go along, then it is not regulated. However, if you are paying for the course as you go along, as soon as you stop going to the course, you are no longer obliged to pay.

The reasons that you throw at them for saying that you not going to pay, the better chance you have that you’re not going to be pursued for the money.

Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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