Limitations act and taking training provider to court under mis-sale

[bezerk]

I apologise for the length of this, this is a shortened version believe it or not!

 

Hi,

 

I'm wondering if anyone can give information on the limitations act before I open a court money claim.

 

a company sold me an IT training course in 2007,

4 courses totalling £3700

and the finance was to be paid over 3 years.

 

Paid them for about a year and done the first course,

ran into financial difficulties in 2008,

 

wrote to finance company who never responded

(they claim they sent an Income/exp. form,

they wrote to me after this and tried to attach the income form they sent but instead sent me someone else's agreed repayment plan)

 

Debt collector took over in 2009,

i had a separate contract for the training course and a separate contract for the finance as they were two different companies

 

The debt collector said I could no longer do the training course unless I paid £40 per month

and the finance company has taken legal advice about this,

which I didn't pay so they then sent a £75 cancellation fee to write it off, I didn't pay this either.

 

At the start of my training the training provider wrote me a letter thanking me for my payment and the course was paid in full by the finance provider.

 

I wrote requesting that 2 of the courses be refunded as I hadn't started them or receive the course materials,

they replied saying they can't as monies and materials have passed hands from the finance provider to the training provider.

 

In 2009/2010 I found reports online about the contents of the courses saying they were worthless

 

it also became clear the tactics the sales advisor used in my house were wrong (100 complaints gathered by BBC watchdog),

I was lied to and they never delivered any promises,

 

They didn't chase me for the money again until I sent a data request to the training provider in 2011,

requesting some details

 

in March 2012 the finance company appointed another debt collector who tried to collect on behalf of the finance provider

and added £800 charges in the space of 3 days

(balance letter from finance provider on 3rd shows £2600, first letter from new debt collector on 6th of the same months shows nearly £800 increase.

 

Used logos from companies on the front of their material and website that they did not have permission for,

pretending to be a member of a code of conduct when they were not.

 

There are many more problems I had and things I've found that builds a big picture of how they basically [problem]med me, between the sales advisor, course materials, false promises and more.

 

I know I'm far to late to tackle the sales pitch and lies

I'm wanting to take them to court for misrepresenting it to me,

 

trading standards said as its over 3 years

they can't bring any criminal charges against the company

(I spent about two hours last week with someone from trading standards showing him what I've found)

and he didn't know much about the limitations act, much like myself.

 

I know it has an exception to the 5/6 years and this time limit won't begin until I notice the breach,

can I use this as my point,

meaning I'm still within this time period?

What other things should I be aware of?

 

I've been round every lawyer in my town and couldn't find someone to take it on,

I went round every lawyer last week who say they don't specialises in that,

they tell me who does,

I visit them and they tell me they don't specialise either

(if the company broke my arm or injured me they would specialise in that )

 

I've been in correspondence with the training provider recently who returned a data request showing I still owe money even tho the letter I got in 2007 days paid in full,

 

the finance company has clearly clawed money back,

as they both have the same director

I seem to be the only one who isn't getting back what's due as now

 

I've sent my EVIDENCE,

the training provider wrote back saying the complaints going in circles

and they are no longer willing to speak to me but will speak to a legal representative working on my behalf.

 

They quote the limitations act as the start date of my contract and ramble on about the defamation act, saying most of the information online isn't true.

 

My information comes from the national web archives and emails from the companies who's logos they used,

I've forwarded all information onto the relevant bodies who's endorsements they used but some have replied saying it's too late for them to do anything.

 

The finance provider is on the deadline 40 days for a data request which it looks like I won't receive,

most likely because I was never sent the letters they claimed they sent,

meaning they probably need more time to "create" these letters.

[dx100uk]

1000's of like threads here

if you search their name in the search cag box of the red top toolbar

 

I would be VERY careful.

they are very clever and have friends in high places.

 

ive popped you in the student training forum.

use the search have a read

have a think about it...HINT HINT...

[bezerk]

I've spend the last month gathering information, its took over my life haha bit I've never been this confident and it's all my own research and nothing is misrepresented.

 

The limitations act is the only thing stopping me from opening a claim in the small claims court, need to know the exact rules surrounding this act as it's not very clear. I wrote to them in 2012 asking for a refund due to mis-selling so this would be my point for the start of the 5/6 year time limit, meaning I'm within the time (just) but someone else mentioned something about 3 years :S

 

if I can't figure out the limitations act I'm going to open a case regardless as that will give me a sure answer from a judge., it's basically going to cost me court fees to settle my mind haha I know they will use this act as their defence and therefore I want to be armed with a counter argument for this before I start a claim

[bezerk]

Thought it would give an update on this 1 year on.

 

Still no refund.

 

I'm pursuing the finance provider. Submitted a data request to them, thu cashed the £10 fee and ignored the request.

45 page complaint went to the ICO.

They lied and said the request wasn't addressed to them.

 

Pictures I took of the letter and postal order before sending with their name debunked this.

They then said they sent the data as a gesture of goodwill but it was never received,

couldn't prove they sent it or that it was received,

didn't send by recorded mail.

 

ICO ruled that they should have complied with the request within the 40 days,

ordered them to send my data and told them that they need more training.

Finally got my data 4-5months after making the request.

 

Finance company Always claimed my allegations had no substance and sent me a 44 page booklet detailing how all the information on the internet is false,

the booklet detailed a lot of defamation against someone else who had got a refund for their course.

 

I forwarded this booklet to the individual who was detailed in the book who now has a barrister and lawyer working on a defamation case against both the finance and training provider, I'll likely also be a witness if it goes to court.

 

I compiled a 250 page complaint, 7 pages of which were an account of everything that happened.

Also discovered that the debt collector instructed by the finance company to collect the outstanding amount in 2009 was a dormant,

non trading company using someone else's FCA number.

 

Finance company objected to the ombudsman looking at the complaint due to the passage of time.

The advisor also agreed and wrote to say they can't look at the complaint as I got the course in 2007 etc...

 

Waiting to hear their outcome and are using them as a form of ADR.

 

I asked for a true copy of my contract with the finance provider who sent me a true copy of the front page and rather than sending me a true copy of the back page they attached a completely different set of terms.

 

Luckily I still had the original and the new terms printed directly on the back have changed the jurisdiction of the law from "the country your are domiciled in" to "the English courts have exclusive jurisdiction"

 

I'm in Scotland, they clearly don't want me taking them to a Scottish court.

The solicitor for the training course has been in contact with me and their isn't a single bit of truth within their letter.

 

I will get my refund.......