Student Loan arrears Cabquest **HELP**

[thunderbird]

I have received a letter from a company called Cabquest regarding Student Loans taken out in 1997,1998 and 1999. In all honesty I have just been burying my head in the sand and should have faced this long ago, but i have now been informed that they are sending someone to the house to get the money and take note of my assets. I am now terrified. I was a few years ago trying to pay some of it off but then stopped as I couldn't afford it. I have never earned anywhere near the deferment amount but as I only deferred once (have moved several times since) I just kind of thought that if they came after me I could always prove via P60's that I didn't earn enough to make payments. I am expecting someone to knock on the door at any time and would really be grateful for some advice. I have got copies of my original agreements but they don't make an awful lot of sense to me. Any advice gratefully received. I know this situation won't disappear but I don't want to start an agreement I can't afford. If this person arrives at my house what on earth do I do? Help

[noomill060]

How much of what they say they want are charges?

You can get these removed along with the interest levied on these charges.

Send them a S.A.R - (Subject Access Request) to get a list of the charges and write to the debt collection agency to say you dispute the amount they claim is owed.

Also send them a request for a copy of your original credit agreement under section 78 of the Consumer Credit Act 1974. You must include a £1 postal order and send this by Recorded Delevery to prove they get it. Keep a copy of the reciept for the PO and the Recorded Delivery slip.

This will stop any action being taken for a couple of weeks at least.

Write to SLC, also by Recorded Delevery that you dispute the amount you owe and that you will start leagl action to reclaim all unlawful charges plus interest.

Once you have a list of all the charges they have slapped on your account, you can then start your small claim, which will halt any action being taken against you in its tracks.

[noomill060]

If they turn up tell them that the account is in dispute if you want to, but without a Court order you can just tell them to sling theur hook or you will call the cops.

DO NOT LET THEM IN.

THEY DO NOT HAVE ANY RIGHT TO ENTER YOUR HOME WITHOUT A COURT ORDER OR JUDGEMENT.

ANY SLABBER FROM THEM - CALL THE POLICE IMMEDIATLEY TO REPORT A BREACH OF THE PEACE. YOU MAY USE REASONABLE FORCE TO REMOVE THEM FROM YOUR PROPERTY.

If you are smaller than they are, it would seem reasonable to use force inversely proportionate to your relative sizes and strength.

[thunderbird]

Thank you so much will do all you have advised. will keep you posted. Cheers

[Thepower]

I'd Caa them stigyt away! then the account becomes in dispute and no legal action can be taken.

Second i'd call the company and say I can only afford x and start to make token payments say £5 a month.

[emmaf01]

Don't forget to state on all post that the account is in dispute- in big letters- remember how ignorant they can be when they want to!

Phone the Debt collection company- and write to them, recorded mail, saying the same and CCA request.

And don't open your door to anyone you don't know for a while- they can be sneaky so and so's.

[thunderbird]

Thank you all very much. I will keep you posted.

[thunderbird]

I have already got the three agreements. Two of them are signed by me but not by them. (these are copies that they sent me last week) Is this legal binding still. I have asked for a breakdown of all charges and statements of amounts owing over the phone and I have also told Capquest this and that the amount is in dispute. they have backed off until Friday of this week. I am following both of these phone calls up with a letter. Any other advice especially about the unsigned agreements much appreciated. cheers.

[noomill060]

They can leave off their own sigs, but there are several tings which MUST be on the agreement, like the APR and payment intervals.

Could you scan your agreements and put them up here (after blanking out your personal details)

If you are unsure whether the agreements are enforceable, you should photocopy them and send them to your local Trading Standards for inspection.

If they are unenforceable, TS will tell you.

[thunderbird]

Thank you unfortunately I am unable to scan onto my PC. APR and payment intervals are on the paperwork!!

[emmaf01]

They do normally have to include both signatures, which I had problems about- now reasonably sorted.

Charges are the next thing to go for, as it will help reduce any overdue amounts.

Did Capquest provide the loan agreements, or the SLC?

And have Capquest got a court order to take goods? Check the normal debt section for advice on bailiffs, etc.

[julesroolz]

Hi,

Just to let you know I am in exactly the same position, even the same years! I've just had letters from a firm of solicitors in Hampshire on behalf of Capquest stating that if I do not pay then either the baliffs will be sent or money will be deducted straight from my earnings. I am a single parent and a stay at home mum so not in employment so I am guessing it will be the baliffs. I'm going to follow the advice given here. It is quite stressful though. Good luck.

[julesroolz]

Hi, following having a look on the Internet to find out more I have found that some student loans, those taken out before September 1998 come under the Limitations Act. This means that if you have not paid or acknowledged the debt for over 6 years (including asking for a deferment) the loan is no longer enforceable! Chekc out the national debtline website where I got this information: http://www.bdl.org.uk/images/25_liab...tation_act.pdf