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Advice wanted - My training course provider has gone into administration

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    edited November 2013
    Sorry, I think I've lost the plot here. Is there now some suggestion that the company that provided the finance is in some way a connected party to the company that provided the training or indeed the same company? And that too has entered Administration?
    Or is it that the trainers introduced their preferred lender? (Barclays Partner Finance perhaps?)
    Can I have the name of the company providing the finance so I can research it? Inbox me if you prefer.
    Any amount on a credit card has to be over £100 doesn't it for CCA 74 to apply?
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    cafcfan said:

    Sorry, I think I've lost the plot here. Is there now some suggestion that the company that provided the finance is in some way a connected party to the company that provided the training or indeed the same company? And that too has entered Administration?
    Or is it that the trainers introduced their preferred lender? (Barclays Partner Finance perhaps?)
    Can I have the name of the company providing the finance so I can research it? Inbox me if you prefer.
    Any amount on a credit card has to be over £100 doesn't it for CCA 74 to apply?

    The receipt says creditor: New Career Skills Limited. I've read through the T&Cs and there's no mention of any other company on there.
    I think I paid the £250 deposit using either my girlfriend's or her mum's Virgin credit card.
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    cafcfan said:

    Sorry, I think I've lost the plot here. Is there now some suggestion that the company that provided the finance is in some way a connected party to the company that provided the training or indeed the same company? And that too has entered Administration?
    Or is it that the trainers introduced their preferred lender? (Barclays Partner Finance perhaps?)
    Can I have the name of the company providing the finance so I can research it? Inbox me if you prefer.
    Any amount on a credit card has to be over £100 doesn't it for CCA 74 to apply?

    The receipt says creditor: New Career Skills Limited. I've read through the T&Cs and there's no mention of any other company on there.
    I think I paid the £250 deposit using either my girlfriend's or her mum's Virgin credit card.
    It gets more complicated but that's actually good news as it gives you another avenue to explore if\when it goes tits up. It's only the cash price of the goods or services that must be over £100 anyway not what you paid on credit but both boxes are ticked. You will have an argument from them that your girlfriend was not party to the substantive contract that has/may be breached though but she was also paying the monthly payments as well to get you qualified wasn't she!!!.

    At this stage she needs to put them on notice in the same way as per cafcfan's letter.
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    edited November 2013
    Hi Norfolk_Addict,

    We just found your original post via Google and would like to offer our assistance to you. Access Training Academies are a very similar training company with centres based all around the country, and 12 months ago we helped students from another company that had gone into liquidation. In some cases they managed to get the money back they had paid and completed their training with us. If you would like any advice on what steps to take next please feel free to get in contact with us here, via twitter (@accesstraining1) or by phoning our course advisers on 0800 345 7492. Our website is www.accesstraininguk.co.uk.

    All the best!
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    Ha! That's great online monitoring.
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    Great stuff.
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    RedChaser said:

    Curb_It said:

    This is no thread for jokes and if Nathan turns up in this one I will go doo lally.

    This sounds really disheartening And I really hope you get you're money back or continued training.

    Think I saw that he's got another banning order. Good luck N_A
    ...young Nathan has indeed joined his uncle in the CL sin bin.
    I saw Maybe had been banned - what did he do ? And Nathan ?
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    in a typical Charlton way i think nathan might of got banned cos of an argument he had with a couple of others about trains.

    don't take my word on that but I remember his comments pissing a few people off the other day.
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    Jeez some of the stuff on the internet about this bunch is very depressing indeed. See the attached re one of their advertisements, for example.
    The MD bailed out a couple of months ago too!
    As far as I can tell, New Career Skills Ltd is owned by New Career Skills Holdings Ltd, which is owned by Bridges Community Ventures Nominees Ltd, which is owned by Bridges Ventures Holdings Ltd which is owned by Bridges Ventures Llp! Well, that's clear then!

    asa.org.uk/Rulings/Adjudications/2011/9/New-Career-Skills-Ltd/SHP_ADJ_159455.aspx

    The bad news is that New Career Skills Ltd do have a consumer credit licence (no. 0562230).
    But maybe the good news is that their licence category appears to be for "credit brokerage" alone. This indicates that they should only be acting as an introducer, passing credit referrals on to an actual lender.
    So, Norfolk, who have you actually got a credit agreement with? Who are your monthly payments sent to? It is these guys that you need to communicate with.
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    Got to be honest , I learnt bugger all from college . All my learning was done onsite and in the 23 years that have gone by since I left school.

    Norfolk are you doing any practical training other than when you do the classroom visits?

    You may find that offering your services to a smallish firm on occasional free weekends for little or dare I say it no money might not only help build your skill level but also your confidence .
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    Shocking........
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    I'm with the same Company only I'm doing my Plumbing training (Just completed week 2). They called me yesterday asking for my next monthly instalment (£250). I asked what was going on as the website has closed down with only a message that Administrators have been called in and was told its still business as usual. At the moment when I tried booking my next practical week I was told everything's full at the moment and I need to wait until next year before I can phone back to get a placement. I'm a bit sceptical whether to pay my monthly instalment as the company is going bust and I'm already going to loose what I've paid for so far. Do we all keep paying until a new buyer is found....which from what I've read on the internet is a really long shot of that happening???
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    gman1978 said:

    I'm with the same Company only I'm doing my Plumbing training (Just completed week 2). They called me yesterday asking for my next monthly instalment (£250). I asked what was going on as the website has closed down with only a message that Administrators have been called in and was told its still business as usual. At the moment when I tried booking my next practical week I was told everything's full at the moment and I need to wait until next year before I can phone back to get a placement. I'm a bit sceptical whether to pay my monthly instalment as the company is going bust and I'm already going to loose what I've paid for so far. Do we all keep paying until a new buyer is found....which from what I've read on the internet is a really long shot of that happening???

    If you do pay make sure it's on your credit and not debit card.
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    ...and if I don't own a credit card??? I might just hold back with my payment until I get some sort of garantee that the company has been saved by another buyer and we will be able to complete our training.
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    I've just gone through the Credit Agreement very carefully and it doesn't mention anywhere that there's another company involved. The "Fixed Sum Load Agreement" is between New Career Skills Ltd & me the student. That's the Agreement I signed & I've got a copy of that. They mention once in the agreement that if I pay anything by Cheque it needs to be addressed to Barclays Bank; Sort Code 20-11-39; Acc. No. 20049050.

    Can "cafcfan's letter" still be used on this???



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    cafcfan said:

    Sorry, I think I've lost the plot here. Is there now some suggestion that the company that provided the finance is in some way a connected party to the company that provided the training or indeed the same company? And that too has entered Administration?
    Or is it that the trainers introduced their preferred lender? (Barclays Partner Finance perhaps?)
    Can I have the name of the company providing the finance so I can research it? Inbox me if you prefer.
    Any amount on a credit card has to be over £100 doesn't it for CCA 74 to apply?

    I've just gone through the Credit Agreement very carefully and it doesn't mention anywhere that there's another company involved. The "Fixed Sum Load Agreement" is between New Career Skills Ltd & me the student. That's the Agreement I signed & I've got a copy of that. They mention once in the agreement that if I pay anything by Cheque it needs to be addressed to Barclays Bank; Sort Code 20-11-39; Acc. No. 20049050.

    Can the letter you posted still be used on this???

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    gman1978 said:

    I've just gone through the Credit Agreement very carefully and it doesn't mention anywhere that there's another company involved. The "Fixed Sum Load Agreement" is between New Career Skills Ltd & me the student. That's the Agreement I signed & I've got a copy of that. They mention once in the agreement that if I pay anything by Cheque it needs to be addressed to Barclays Bank; Sort Code 20-11-39; Acc. No. 20049050.

    Can "cafcfan's letter" still be used on this???



    This doesn't sound good at all.
    I say this because you need to think about:
    (a) how much the joint administrators' fees are likely to be;
    (b) how a company in NCS' position is generating income (except from existing students' monthly loan repayments) and whether their bankers are using the right of set-off for any overdraft/loan facilities to harvest incoming monies;
    (c) their staff appearing to have been told they are being made redundant because there's no money to pay them m.dailyecho.co.uk/news/10863449.Tutors__fury_at_jobs_axe_as_centre_closes/;
    (d) this link resourcepartners.com/casestudies/newcareerskillsltd which appears to show that NCS borrowed significant funds from a finance company; and
    (e) the likelihood of administrators being successful in finding a buyer for such a business.

    Once you have reached your conclusions you can then decide whether you would want to carry on paying them money when you haven't received the promised services.

    I don't see the point of sending the letter in that form as there isn't a third party lender to go after. But you could tweak the wording I suppose just to put the administrators on notice.
    (Also remember Bournemouth's advice above re initial deposits made by credit card.)
    I'd say check with a Citizens Advice Bureau first but here's what I'd do:
    The joint administrators for NCS are partners at KPMG. I'd phone KPMG (no point speaking with the actual joint administrators who will have minions doing the work) and ask to speak with someone working on the administration (get their name, address, email address and contact telephone number).
    Explain your situation and ask if they agree with you that NCS is in breach of contract with you because it has not provided the promised training in a timely fashion. If they don't agree ask them to put in writing to you why they don't agree.
    Also ask them what their position would be if you took the reasonable step of terminating the breached contract and ceased making payments. Again get their position in writing.
    Let us know how you get on.
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    cafcfan said:

    gman1978 said:

    I've just gone through the Credit Agreement very carefully and it doesn't mention anywhere that there's another company involved. The "Fixed Sum Load Agreement" is between New Career Skills Ltd & me the student. That's the Agreement I signed & I've got a copy of that. They mention once in the agreement that if I pay anything by Cheque it needs to be addressed to Barclays Bank; Sort Code 20-11-39; Acc. No. 20049050.

    Can "cafcfan's letter" still be used on this???



    This doesn't sound good at all.
    I say this because you need to think about:
    (a) how much the joint administrators' fees are likely to be;
    (b) how a company in NCS' position is generating income (except from existing students' monthly loan repayments) and whether their bankers are using the right of set-off for any overdraft/loan facilities to harvest incoming monies;
    (c) their staff appearing to have been told they are being made redundant because there's no money to pay them m.dailyecho.co.uk/news/10863449.Tutors__fury_at_jobs_axe_as_centre_closes/;
    (d) this link resourcepartners.com/casestudies/newcareerskillsltd which appears to show that NCS borrowed significant funds from a finance company; and
    (e) the likelihood of administrators being successful in finding a buyer for such a business.

    Once you have reached your conclusions you can then decide whether you would want to carry on paying them money when you haven't received the promised services.

    I don't see the point of sending the letter in that form as there isn't a third party lender to go after. But you could tweak the wording I suppose just to put the administrators on notice.
    (Also remember Bournemouth's advice above re initial deposits made by credit card.)
    I'd say check with a Citizens Advice Bureau first but here's what I'd do:
    The joint administrators for NCS are partners at KPMG. I'd phone KPMG (no point speaking with the actual joint administrators who will have minions doing the work) and ask to speak with someone working on the administration (get their name, address, email address and contact telephone number).
    Explain your situation and ask if they agree with you that NCS is in breach of contract with you because it has not provided the promised training in a timely fashion. If they don't agree ask them to put in writing to you why they don't agree.
    Also ask them what their position would be if you took the reasonable step of terminating the breached contract and ceased making payments. Again get their position in writing.
    Let us know how you get on.

    Thanks for the very helpful advise cafcfan. I've gotten hold of a contact at KPMG and have emailed them the questions you've given me. As soon as I get a reply I'll let you know...

    Thanks again

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    NCS have been bought out by another company. There website is not in use at the moment with a message reading "NEW CAREER SKILLS is pleased to confirm it is under new ownership and over the coming days this web site will further reflect that change".
    My payment agreement agreement is with NCS. If they change their name am I still legally abide to make my payment to the new owners? Do I have to sign a new agreement with the new owners? I've contacted NCS and no-once can give a a straight answer. Any help will be gratefully accepted.
  • Options
    gman1978 said:

    cafcfan said:

    gman1978 said:

    I've just gone through the Credit Agreement very carefully and it doesn't mention anywhere that there's another company involved. The "Fixed Sum Load Agreement" is between New Career Skills Ltd & me the student. That's the Agreement I signed & I've got a copy of that. They mention once in the agreement that if I pay anything by Cheque it needs to be addressed to Barclays Bank; Sort Code 20-11-39; Acc. No. 20049050.

    Can "cafcfan's letter" still be used on this???



    This doesn't sound good at all.
    I say this because you need to think about:
    (a) how much the joint administrators' fees are likely to be;
    (b) how a company in NCS' position is generating income (except from existing students' monthly loan repayments) and whether their bankers are using the right of set-off for any overdraft/loan facilities to harvest incoming monies;
    (c) their staff appearing to have been told they are being made redundant because there's no money to pay them m.dailyecho.co.uk/news/10863449.Tutors__fury_at_jobs_axe_as_centre_closes/;
    (d) this link resourcepartners.com/casestudies/newcareerskillsltd which appears to show that NCS borrowed significant funds from a finance company; and
    (e) the likelihood of administrators being successful in finding a buyer for such a business.

    Once you have reached your conclusions you can then decide whether you would want to carry on paying them money when you haven't received the promised services.

    I don't see the point of sending the letter in that form as there isn't a third party lender to go after. But you could tweak the wording I suppose just to put the administrators on notice.
    (Also remember Bournemouth's advice above re initial deposits made by credit card.)
    I'd say check with a Citizens Advice Bureau first but here's what I'd do:
    The joint administrators for NCS are partners at KPMG. I'd phone KPMG (no point speaking with the actual joint administrators who will have minions doing the work) and ask to speak with someone working on the administration (get their name, address, email address and contact telephone number).
    Explain your situation and ask if they agree with you that NCS is in breach of contract with you because it has not provided the promised training in a timely fashion. If they don't agree ask them to put in writing to you why they don't agree.
    Also ask them what their position would be if you took the reasonable step of terminating the breached contract and ceased making payments. Again get their position in writing.
    Let us know how you get on.

    Thanks for the very helpful advise cafcfan. I've gotten hold of a contact at KPMG and have emailed them the questions you've given me. As soon as I get a reply I'll let you know...

    Thanks again



    NCS have been bought out by another company. There website is not in use at the moment with a message reading "NEW CAREER SKILLS is pleased to confirm it is under new ownership and over the coming days this web site will further reflect that change".
    My payment agreement agreement is with NCS. If they change their name am I still legally abide to make my payment to the new owners? Do I have to sign a new agreement with the new owners? I've contacted NCS and no-once can give a a straight answer. Any help will be gratefully accepted.
  • Options
    gman1978 said:

    gman1978 said:

    cafcfan said:

    gman1978 said:

    I've just gone through the Credit Agreement very carefully and it doesn't mention anywhere that there's another company involved. The "Fixed Sum Load Agreement" is between New Career Skills Ltd & me the student. That's the Agreement I signed & I've got a copy of that. They mention once in the agreement that if I pay anything by Cheque it needs to be addressed to Barclays Bank; Sort Code 20-11-39; Acc. No. 20049050.

    Can "cafcfan's letter" still be used on this???



    This doesn't sound good at all.
    I say this because you need to think about:
    (a) how much the joint administrators' fees are likely to be;
    (b) how a company in NCS' position is generating income (except from existing students' monthly loan repayments) and whether their bankers are using the right of set-off for any overdraft/loan facilities to harvest incoming monies;
    (c) their staff appearing to have been told they are being made redundant because there's no money to pay them m.dailyecho.co.uk/news/10863449.Tutors__fury_at_jobs_axe_as_centre_closes/;
    (d) this link resourcepartners.com/casestudies/newcareerskillsltd which appears to show that NCS borrowed significant funds from a finance company; and
    (e) the likelihood of administrators being successful in finding a buyer for such a business.

    Once you have reached your conclusions you can then decide whether you would want to carry on paying them money when you haven't received the promised services.

    I don't see the point of sending the letter in that form as there isn't a third party lender to go after. But you could tweak the wording I suppose just to put the administrators on notice.
    (Also remember Bournemouth's advice above re initial deposits made by credit card.)
    I'd say check with a Citizens Advice Bureau first but here's what I'd do:
    The joint administrators for NCS are partners at KPMG. I'd phone KPMG (no point speaking with the actual joint administrators who will have minions doing the work) and ask to speak with someone working on the administration (get their name, address, email address and contact telephone number).
    Explain your situation and ask if they agree with you that NCS is in breach of contract with you because it has not provided the promised training in a timely fashion. If they don't agree ask them to put in writing to you why they don't agree.
    Also ask them what their position would be if you took the reasonable step of terminating the breached contract and ceased making payments. Again get their position in writing.
    Let us know how you get on.

    Thanks for the very helpful advise cafcfan. I've gotten hold of a contact at KPMG and have emailed them the questions you've given me. As soon as I get a reply I'll let you know...

    Thanks again



    NCS have been bought out by another company. There website is not in use at the moment with a message reading "NEW CAREER SKILLS is pleased to confirm it is under new ownership and over the coming days this web site will further reflect that change".
    My payment agreement agreement is with NCS. If they change their name am I still legally abide to make my payment to the new owners? Do I have to sign a new agreement with the new owners? I've contacted NCS and no-once can give a a straight answer. Any help will be gratefully accepted.
    I really don't know gman. My GUESS would be yes you are obliged to pay the business that has taken over the old one. The process, I believe, is called "novation of contract" which may mean you do not need to sign a new contract. BUT you may, just may, still have a get out. Novation is not necessarily a uni or bilateral decision if it affects third parties (you).
    Ask if you can declined for your contract to be novated maybe? (But did the original contract contain clauses about on-selling the services elsewhere?)
    Perhaps say that the services which you contracted for have not been or have no reasonable prospect of being provided within a reasonable time frame. (or at the venue originally contracted?) So, with the new (viable?) business, your rights under the Consumer Credit Act would kick in again, I suppose and you could demand repayment. None of this is advice as such it's just what I think off the top of my head and might be trying to discuss with them if it was me. Whether it would succeed - who knows?
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