Conister Bank Limited · DRN-6016241

The complaint Miss A says she didn’t complete an enrolment process for a training course, and she’s unhappy Conister Bank Limited is holding her liable for the fixed sum loan used to pay for it. What happened Miss A registered for an online training course in July 2025, provided by O. She opted to pay for the course using a fixed sum loan agreement from Conister Bank Limited, for £3,000 repayable over a 36-month period. A few days after registering for the course, Miss A says she asked O if she could cancel and was told this was possible. She says O told her the cancellation had been finalised, but a manager then confirmed she wasn’t able to cancel. O told Miss A she had waived her right to cancel the contract because she opted for the live classes to start less than 14 days from enrolment. Miss A asked O to move the start date to November or swap her course for another one – but it said this wasn’t possible. Instead, O said Miss A could delay the live classes but would still need to make her agreed payments to Conister Bank Limited. Miss A complained to O and said she didn’t complete the enrolment process, as she hadn’t signed the final agreement document. So, she said she shouldn’t have to pay. O responded to the complaint and said it had made the terms and conditions about cancellation clear to Miss A and wouldn’t cancel the course. Unhappy, Miss A made a complaint to Conister Bank Limited in August 2025. Conister Bank Limited said Miss A had waived her statutory right to a 14-day cooling off period, so didn’t uphold her complaint. But it acknowledged Miss A hadn’t received good customer service from O. Miss A brought the dispute to our service. Our Investigator didn’t think Conister Bank Limited had done something wrong. She said there wasn’t enough evidence to show O had breached its contract to provide digital services to Miss A – so it was reasonable for Conister Bank Limited to reject a claim for a refund under Section 75 of the Consumer Credit Act 1974 (S75 CCA). She also said that while the Consumer Contracts Regulations 2013 (CCRs) might allow Miss A to cancel a distance sale contract within a certain time period, she thought O’s terms meant Miss A had waived that right when she agreed to start the course within 14 days. She thought O made it clear when the course would be starting, and it had provided a call with Miss A where she was aware of the cancelation terms. So, she didn’t think Conister Bank Limited was unfairly asking her to pay for the course. Miss A disagreed and insisted she hadn’t completed the enrolment steps, so there wasn’t an agreement in place with O. As such, she said it was unfair for Conister Bank Limited to expect her to pay. Miss A asked for an Ombudsman to make a final decision on the complaint – and so the case was passed to me.

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What I’ve decided – and why I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. Having done so, I agree with the outcome reached by the Investigator – and I’ll explain why. Miss A has made several detailed points in her complaint. I’ve considered everything she’s said and all the information on the file. But in my decision, I don’t intend to refer to everything or address every point made. I mean no discourtesy by this, instead I will focus on what I see as being the key outstanding points following the Investigator’s outcome, and the reasons for making my decision. Where the evidence available to me is incomplete or inconclusive (as some of it is here), I’ve reached my decision on the balance of probabilities – in other words, what I consider is most likely to have happened in the light of the available evidence and the wider circumstances. Miss A paid for the course with a fixed sum loan agreement, which is a regulated consumer credit agreement. Conister Bank Limited has also confirmed the decision to lend to Miss A took place in the UK. So I’m persuaded the complaint is one I can consider. The key issue for my decision is whether Conister Bank Limited has fairly and reasonably handled Miss A’s request to cancel her fixed sum loan agreement and provide a refund. I think there are two options Conister Bank Limited ought to have considered when supporting Miss A’s request, and I’ve explained my findings on these below. S75 CCA claim As Miss A paid for the course with a consumer credit agreement, she can hold Conister Bank Limited equally liable if there is a breach of contract by O. This could involve the services not being provided in line with the terms of the contract or not being as described. Conister Bank Limited didn’t consider a claim under S75 CCA. But. I’ve thought about whether a S75 CCA claim had any reasonable chance of success, and if this means Conister Bank Limited has treated Miss A unfairly as a result. O provided Miss A with access to the course when she was accepted onto it in July 2025. I’m aware Miss A may not have attended the classes or accessed the materials, but I’ve not seen enough evidence to show these weren’t made available to her. Miss A also hasn’t said the course wasn’t as described at the webinar. This means I’m not persuaded there has been a breach of contract or misrepresentation by O. Overall I’m persuaded that even if Conister Bank Limited had considered a S75 CCA claim when Miss A asked for a refund, the claim had little prospect of success based on the evidence available at the time. I don’t think Miss A has been treated unfairly as a result. The CCRs Miss A has referred to her right to cancel the contract within 14 days, set out in the CCRs. The CCRs do allow customers to cancel a contract purchased ‘at a distance’ within a certain time frame. In short, if it is clear Miss A had validly exercised her right to cancel the contract, this would mean O had a contractual responsibility to provide the refund. I therefore think the CCRs are relevant, but I also need to consider the express terms in the contract between Miss A and O.

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The terms and conditions of the contract explain when Miss A can ask to cancel: 7. Your right to cancel In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, no refund can be provided once course materials have been accessed or opened. It is incumbent on you to ensure the chosen course meets your needs before accessing the materials. In instances where course materials have been accessed, the full cost of the course is payable to [O]. Once the initial payment is processed, whether that be a deposit or the full course fee, a specific duration commences. This period, known as the contemplation period, allows you to cancel your enrolment via a written request, providing the course materials have not been accessed. Important: If a cancellation request is received less than 14 days before a live class is due to start, refunds will not be issued regardless of whether course materials have been accessed or not. If you opt for a live class that starts within your 14 days contemplation period, you will waive your right to cancel or request a refund. Conister Bank Limited says Miss A waived her right to cancel the course because she opted for a start date less than 14 days after she enrolled. Miss A disputes that she ever completed the enrolment process, so I’ve looked at how the contract terms define “enrolment”: Enrolment means the enrolment confirmed by you once a payment has been made either in full or partial of the course cost and or a payment plan entered into. The contract terms go on to define “confirmation” as happening once steps in section 5.1 have taken place: 5.1 After placing an order, by way of making an initial payment you will receive an e- mail from us acknowledging receipt of your payment and that is your place secured. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms acceptance (the "Confirmation"). The contract between us and you will only be formed when you receive the Confirmation. O sent Miss A an email on 28 July 2025 welcoming her to the course, with a link to the onboarding video and details of the next steps. The email also confirmed the course would start with the first live class on 6 August 2025. Having considered these terms, I think Miss A enrolled when O confirmed it had accepted her onto the course – and this happened when O sent Miss A its welcome email on 28 July 2025. I appreciate Miss A didn’t sign all the documents O asked her to complete, but I’m persuaded she had done enough to allow the contract to begin. I’ve also thought about whether O made it clear Miss A was waiving her right to cancel when she took out the course. Ideally, I would have wanted to see all the information O provided to Miss A in the webinar, but Conister Bank Limited hasn’t received this from O. But I’ve listened to a recording of a call Miss A made to O in July 2025, during which the advisor acknowledges Miss A took a place on a course at short notice and was aware it was within the 14-day time frame. Miss A also didn’t say she was unaware of the terms when she initially complained.

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On balance, I think there was enough information available to Miss A for her to reasonably be aware she wouldn’t be able to cancel the contract. Conister Bank Limited says this means Miss A still needs to pay for the finance agreement, as it paid the funds to O. I don’t think this is an unreasonable response. Other considerations Conister Bank Limited acknowledged that Miss A received poor customer service from O, as she says O told her the wrong information about her cancellation rights. I don’t think it’s fair for me to say Conister Bank Limited needs to allow Miss A to cancel her finance agreement because of this. I’ve also considered how Conister Bank Limited supported Miss A during her dispute. Miss A made several calls to chase updates on her claim in August 2025, but Conister Bank Limited was facing a delay getting information back from O for the claim. During this time it agreed to pause Miss A’s payments as she said she needed support with her finances. I think this was fair in the circumstances. I would invite Miss A to update Conister Bank Limited if her circumstances have changed or she needs more support with her repayments towards the loan agreement. Summary I’m sorry to hear Miss A is unhappy with her course and can’t get a refund from O. But for all the reasons I’ve set out above, and considering all the circumstances of the case, I don’t think Conister Bank Limited has acted unfairly or unreasonably towards Miss A. I’d like to remind Miss A that our involvement, if she chooses not to accept the outcome of this final decision, doesn’t prevent her from pursuing other ways of resolving the matter with the merchant. My final decision My final decision is that I do not uphold this complaint. Under the rules of the Financial Ombudsman Service, I’m required to ask Miss A to accept or reject my decision before 25 May 2026. Hannah Dunkley Ombudsman

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