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The BBC states that up to 6,000 people are left paying loans or having paid off loans for a service (IT Training) which will not be provided.

But what are your rights and what actions can you take? Below is some advice which is taken (or not) at your own risk. This is for guidance purposes only and I am not an expert in either Corporate Law, Finance or any other field which may seem relevant or applicable to the advice below.

1. If you paid on a credit card> then you are protected by law (assuming you paid over £100 for the service which you should have).

2. Technically by law anyone paying on a finance plan with Barclays Partner Finance, Hitachi, Cyldesdale or Anglo Capital does not have that protection.

The apparent course of action is to write a letter to Anglo Capital (or Access 2 Trade as they are now called) informing them that Advent have defaulted on their contractual obligation to provide the service (IT Training).

Inform AC that they are now liable to provide a replacement training provider of the same or better standard or quality as Advent.

Inform them that they have 14 days in which to respond. Also add that any payments taken by Anglo Capital from the date of the letter onwards are made in protest. Which means you are able to claim them back. Which brings me on to my next point:

3. AT LEAST ONE bank (according to an internet forum user) is aware that Advent and Anglo Capital are the same company.

Legally, this means that since Advent (who is also Anglo Capital) is claiming insolvency it is unlawful and constitutes fraud for Anglo Capital to take payment when the company is no longer solvent / able to trade.

So if Anglo Capital takes money out of your bank on 1st February 2010 then they have commited fraud.

This person was advised by their bank to cancel the direct debit. Which I would advise everyone else to do after checking with their bank.

4. Section 75 — (1) of the Consumer Credit Act states:

If the debtor under a debtor-creditor-supplier agreement falling
within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the
supplier, shall accordingly be jointly and severally liable to the debtor.

This means that anyone with a Claim can pursue the debt (course Fee) from both Anglo Capital and Advent.

Or in the case of people with Barclays Partner Finance they can pursue both Advent and Barclays for the debt. Of course it may have to be a legal pursuit as I doubt either Advent or Barclays will pay up, assuming they (Advent) are able to.

5. Advent's terms and conditions state that in the "Event of Default" you are entitled to the Fee (total amount of the course). Event of Default is open to legal interpretation but coupled with Anglo Capital's addendum to their agreement which states, 'if you feel that you have received unsatisfactory goods or services then you may have a right to sue us' it seems that Advent have a debt of £4,750 or similar to all the students who have paid for courses they have not received.

6. Having spoken to my bank today (local branch was closed) when/if the payment goes out to Anglo Capital on Monday then I will be able to reclaim it via the Direct Debit Indemnity Act.

So for those of us who haven't yet cancelled the Direct Debit to Anglo Capital we should do it on Monday either in a branch or over the phone.

Note: Consumer Direct did inform me that since I have started the course I have technically received the service.

However, I have not received the service outlined in the Agreement which is 'MCSE Course' as I am not yet MCSE Certified. I would like to know if this has a legal standing as to me it seems a fair point.


If you have anymore information or suggestions please email adventscam@googlemail.com