HELP! Student Loans Company/ CapQuest - now BCW

knoxvillain · 12th October 2007, 12:22

HELP!

I've just recieved a big red letter saying they want £1400 out of me. I phoned them and they have put it on hold for the weekend to allow me to raise the funds from friends and family. Basically I don't have the cash and I'm not willing to involve family in it and definitely not friends. Do I have ANY options open to me at all? I asked if I could make payments and they said they were seeking the full amount

Thanks.

powelll · 12th October 2007, 14:03

What they want and what they get are 2 different things. If you accept that you owe the money ie no dispute etc then draw up a budget sheet ( good one linked below ) and work out what you can afford to offer after essential bills etc are covered. This assumes that the SLC debt is your only one? If it isn't you can consider pro rata offers to any other 'non priority' creditors as well ( unsecured loans credit cards store cards etc etc ).

CapQuest are a debt collection agency not bailiffs so have no powers to enter property & take goods. How old is this loan? When did you last make a payment or acknowlddge iut in writing ( deferring would count )?

National Debtline England & Wales | Personal Budget Sheet

knoxvillain · 13th October 2007, 12:56

Well basically I'm not in a position where I can't afford to pay my other debts, it's just I don't happen to have £1400 kicking around waiting to pay stuff on and CapQuest think a weekend to scrounge off family and friends is enough. I can pay the debt off just not in one go. They have already declined an offer to pay it back in installments saying they will put the account on hold until monday so I can find the cash and then on Mon they want £1400.

I think my plan of action seems to be requesting a deed of assignment from them and a certified copy of the CCA and I will also repeat my offer to start making payments and I will inform them that they can take court action if they want but given that I'm offering to pay it back in installments all the court will do is agree with me.

I've never applied to defer the loan although there was 2 occasions a few years ago when i did request a deferment form but never sent it back in. The debt is from 1997.

tiglet · 13th October 2007, 13:07

If it's from 1997, it falls under the old style rules so i would certainly send a CCA request.

If they want the money in one go - TOUGH! Don't stress yourself trying to get the money together in one go - as powell said, you can send them an expenditure sheet and make them a reasonable offer based on this.

However, if they default on the CCA request after 12+ working days, you can withold payment until they do supply you with one. If they took you to court without one, non-complaince with a CCA request is a defence.

I would also write the telephone harrassment letter, if they do phone simply say "in writing only, please" and then hang up.

They're just trying to intimidate and bully you - don't let them.

They are also breaking all sorts of OFT guidelines here, so i would also report them for their breaches.

knoxvillain · 13th October 2007, 16:11

yeah, I did try to explain to him that this was the first I have heard about it but he said it was my fault and it's my responsibility to let my creditors know about address changes and that there was nothing he could do but take £1400 from me.

And yeah, all my student loans fall under the "old rules" I believe. I had another 2, 1998 and 1999.

tiglet · 13th October 2007, 16:55

This argument has been tried before - it's absolute bowlarks. Why would you pay £1400 to someone you've never heard of for a debt which could even be statute barred - when did yo last make a payment/try to defer?

I'm sure 98 will fall under the old rules, but not sure about 99. I'd send CCA anyway.

Hippy-chick · 13th October 2007, 23:57

Quote:

Originally Posted by knoxvillain

And yeah, all my student loans fall under the "old rules" I believe. I had another 2, 1998 and 1999.

I believe the rules changed in September 1998. See National Debtline Factsheet 23 for this (this is the basic one for Scottish debtors).

knoxvillain · 14th October 2007, 12:49

yeah but if I remember right it was based on when you started university, not when the loan was taken out. Because I started in 97 I wasn't subject to the new rules.

Tiglet - I've never actually applied to defer, only requested the form to do so, this would probably have been a couple of years ago. I guess in a way thats acknowledging the debt though?

tiglet · 15th October 2007, 09:35

Did you put anything in writing?

If not - no payments made, nothing in writing, old-style student loans = statute barred.

I'd fire off the statute barred letter and see what they come back with - I certainly wouldn't speak to them on the phone.

They probably know the debt is statute barred and so are pressuring you to pay before you realised it was.

knoxvillain · 16th October 2007, 07:48

Thats a good point, I think the twice I requested it would have been over the phone so I doubt very much I wrote them a letter. So you think I should go down the statute barred road before the CCA or should I try both together?

The **** phoned me yesterday and started giving me attitude on the phone so I hung up on him.

PS is there a template for statute barred letters?

tiglet · 16th October 2007, 11:43

I'd just go for statute barred - it's up to them to prove it's not, not for you to prove it is.

Templates are here: Creditors and DCAs - Letter Templates & Budget Planner

The one you want is letter M.

I think it would be worthwhile sending the telephone harrassment letter too.

knoxvillain · 17th October 2007, 13:56

my only worry is that by sending the statute barred letter I am acknowledging the debt to them. Maybe I can re-word the letter to "alleged debt" or something.

powelll · 17th October 2007, 14:51

There's a letter on the link below which won't acknowledge it:

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

tiglet · 17th October 2007, 14:56

Writing "I do not acknowledge any debt to your company" in big bold letters will do it.

Plus, once a debt is statute barred, it remains statute barred.

knoxvillain · 18th October 2007, 08:08

The only problem is I have 3 student loans and I think during the past 6 years I have made a payment to one of them but I'm not sure which so i want to be cautious about the statute barred in case capquest come back with proof that I did make a payment. I want to have a backup plan if you know what I mean

Powelll thanks for the link, it was helpful

tiglet · 18th October 2007, 08:10

If you send the statute barred letter off and then they prove one isn't, then you can look at the CCA route.

If you're not sure which one it was, i would personally send the letter for the whole account and then see what they some back with.

The onus is on them to prove it's not statute barred, not for you to prove it is.

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