Home Learning College APEX and HLC asking me to pay.

[minniebegum]

hi

i had a home learning college rep visit my house in 2008, at the time i was 17 and he enticed me into enrolling not mentioning the fact that i had only 30 days to cancel the course, after enrolling i had no guidance what so ever and was left to my own devices, i decided to ring up hlc to cancel the course and was told very ubrupltly by the lady on the phone that it is over 30 days and there is nothing she could do, i emailed them on many occasions and had no relpy, i tried to get hold of the hlc rep who did not answer any of my calls, i have recieved calls from APEX and HLC asking me to pay upfront, what do i do im so stressed out at the moment please help, would be very gratefull thankyou very much.

[maroondevo52]

Hello and Welcome,

 

I've moved your post to start a new thread for you, please continue to post here regarding this issue, hopefully you'll get some help shortly.

 

Regards.

 

Scott.

[maroondevo52]

We do have a Home Learning Rep on this site...................

 

http://www.consumeractiongroup.co.uk/forum/member.php?287598-Home-Learning-College

[minniebegum]

Hi thankyou, do you think I will have to pay the outstanding amount? Or what is the next step I have to take?

[42man]

Have you seen a few of the other threads about this company. I can fully understand that as a 17 years old you were a little naive (I certainly would have been) about the implications of the course and the credit agreement (do you still have this ?) have you sent off for a copy of your CCA - (Consumer Credit Agreement) - When the rep visited you was it even established that you could afford it in the first place ? Have you considered opening a case with the Financial Ombudsman Service ? Did you email them within the 30 days by any chance ?

[42man]

The other thing that is concerning is that you have to be 18 to get a credit agreement (I think unless somebody can clarify this for me). If it was the case where you signed and you were 17 then it would in most probabilities be missold and I think possibly unenforceable.

[minniebegum]

At the time I wasn't employed, and I did email them within the 30 days and on other numerous occasions.I still have a copy of the agreement and how do I go about opening a case with the financial ombudsman?

.

[assisted blonde]

Agree with 42 man you were under 18 therefore could not be responsible for the agreement, there are only limited things you can be responsible for when you are under 18 and I dont expect a home learning course is one of them.

I believe the only contracts you can be held to are those which relate to necessities such as food, def not home learning. i would tell them very nicely to go away as you were under 18.

[minniebegum]

I have mentioned that I was enticed into signing but they don't seem to care all they want is the money?

[42man]

Do you still have all your paperwork and emails by any chance ?

 

It might be worthwhile sending them a recorded delivery letter....if you need some help constructing one let me know...

[minniebegum]

Yes I have kept them safely, that would really be appreciated.

[cerberusalert]

If you are under 18, it is a criminal offence for anyone to send you material inviting you to borrow money or obtain goods or services on credit or hire purchase.

 

Debt

 

As a child or young person, you cannot normally be taken to court for debt. This is because you cannot be legally held to a contract you make when you are under 18. However, there are some exceptions to this rule. You can be held legally responsible for any debts you run up to buy things that you need like food, shelter or clothing.

 

There may be other debts you can be held legally responsible for. If in doubt, consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

 

As a parent you are not usually under any obligation to pay the debts of your child. However, if you acted as a guarantor for a contract they entered into, you will be responsible for any debts under the agreement.

http://www.adviceguide.org.uk/england/your_world/consumer_affairs/young_people_money_and_consumer_rights.htm

[42man]

Ref no:

 

Date:

 

Dear Sir / Madam

 

I am in receipt of your recent correspondence regarding an alleged debt that you claim I owe.

 

I wish to make you aware of some important facts with regards to this alleged debt.

 

1 - In the process of being sold a 'Home Learning Course' I was given 30 days in which to cancel the agreement. I have in my possession the emails that I sent to (Home Learning) which clearly validate my cancellation of the agreement within the 30 days period.

 

2 - When I signed the contract I was 17 years old, as you full well know, it is a criminal offence for anyone invitied to borrow money or obtain goods or services on credit or hire purchase under the age of 18.

 

I am sure you can now understand the seriousness of this situation, and I hope you will no longer harrass me with regards to this missold and unenforceable contract/agreement. And if you continue to do so then I will have no hesitation in informing the Financial Ombudsman Service, Trading Standards, The Office OF Fair Trading and my MP.

 

I trust this makes my position completely clear

 

Yours faithfully

 

(dont hand sign - just type your name)

[42man]

Send it off recorded delivery to both Apex and Home Learning and keep us posted.

[42man]

Can I also presume nobody acted as a guarantor either ?

[minniebegum]

Nobody acted as a guarantor the day the rep came only my brother was at home and he himself is 18.

[minniebegum]

And one more thing I do not have access to the email I used to contact them.

[minniebegum]

Hi sorry to bug you, i was wondering if you could help, when I send them a letter I do not wish to disclose my current address as I am living with realtives, what do I do?

[cerberusalert]

Create an email especially for them & use that.

[minniebegum]

Thankyou ever so much for your time and support.

[assisted blonde]

Good luck but they really are in the wrong and cannot enforce the contract as there in effect isnt one.

[minniebegum]

Thankyou for all the support it is really appreciated.