Thread: Statute barred student loan / Credit Solution Ltd

I hope I get some help with this.

A while ago I received a demand out of the blue form a company called CSL (Credit solutions Ltd) for immediate payment of several £X000 for a student loan taken out before 1998. Naively, I phoned them up and was bullied into making an immediate payment for £x and into making additional monthly payments of £x (Then confirmed in a letter from CSL).

A short while later they tried to take £(X+more than agreed) out of my account by direct debit. My partner (who happens to have successfully claimed back several thousand pounds from Barclays Bank for bank charges ) immediately saw the irregularity of this. She advised that this debt is statute barred because no contact has been made since the year 2000. I was also advised that the payment I had made did not affect the statute barred status and I was not obliged to continue payments as they had no legal right to continue pressing for payment. The 'statute barred' letter has been sent to both SLC and CSL by recorded delivery. I have since received a 'postcard' from Mr White confirming that he will be visiting our address on an unspecified Wednesday and also several recorded telephone messages asking me to call them. I have then contacted them by telephone to reiterate the fact that the debt is statute barred and therefore I will not be making further payment, only to be told that it is not statute barred because it is a Government backed scheme and therefore the rules are different! I was also told that I had to prove it was statute barred. I made it quite clear I did not agree and told them that I expect no further correspondence except via letter to confirm that they would take no further action. Today I have received a demand for full payment within 72 hours, failure to do so will result in the immediate delivery of papers to the SLC to start legal proceedings.

The alleged loan is pre 1998 and since the year 2000 I have had no contact from the SLC, nor have I communicated with them. I have been on the electoral register in the UK for the past decade and during my last correspondence with the SLC I gave them an address for correspondence. No correspondence has been received.

The way these ******* have behaved has really got my back up. They have been aggressive, abusive, threatening and devious and yet when I politely called one of them a bonehead he couldn't cope and hung up!!! I will greatly appreciate any help or advice you can offer me regarding this.

Thanks.




WILLIAM HUGH PIERCE WILL PIERCE

letter 'M' sent and recieved by them a few weeks ago. For the past few days there have been none of the silly recorded phone messages.

Can I drop them in it for trying to take too much money from my account?
Do the apes on their phones have to have a consumer credit license? If so is there an angle there to have a pop at them? Is there a way of using the "Access rights" regulations to find out if they really have recorded the phone calls made to them and to expose their lies. As I said earlier, these [edited] have really wound me up and I totally have it in for them. When this is over, I will set up a payment for the amount they want off me to this site - it would be money well spent.




William Hugh pierce

Some more details I need to add to this:

The Ape I first spoke to at CSL said the loan could have been deferred until march 2004 before it became payable and was therefore enforcable. I NEVER deferred after 2000. Where does this leave me?

The debt is statute barred stop paying....if there is a clear gap of 6 years then nothing will unbar it....

Taken from the National Debtline website...

STUDENT LOANS

Student loan agreements are simple contracts
and this gives the Student Loans Company
(SLC) six years from the date you last paid or
acknowledged the debt to go to court to
enforce the agreement. There are two sorts of
student loans and different rules apply
depending upon when you took out the loan.

Old style student loans

Old style or ‘mortgage’ student loans are
consumer credit agreements. Payments cannot
automatically be deducted from your wages.
The SLC has to go to court before they can
enforce the debt against you. This means that
the Limitation Act can apply if you have not
paid or acknowledged the debt for over six
years.

WARNING

Asking for the loan to be deferred could
count as acknowledging the debt and start time
running again.

New style student loans

From

September 1998 new style or ‘income
contingent’ student loans include rules to say
that repayments will be automatically deducted
directly from your wages or through your tax
return if you are self-employed. This means
that the SLC are still allowed to take money
from your wages for a loan over six years old

as they do not have to go to court to do so.

If you want to stitch them up record your phone calls to them......!!!! then send them to the OFT....

I wouldn't stoop to their level with actions like that.

I would just report their behaviour in a complaint to the OFT and trading standards.

I know you're right... but just thinking about the endless possible outcomes gives me some pleasure......... I'm doing a bit of digging today on these [edited] and so far it's quite interesting. [edited]

Just dicovered an intersting connection between CSL and RBS. It seems that in 2005 ISIS Equity Partners invested £4.5million along with RBS as part of a £11m package in CSL.

Who owns RBS now?

Help

I am well out of my depth now.

I have been looking at the OFT requirements re companies with credit licenses keeping OFT informed of changes in circumstances. CSL has a credit license with the name of a resigned director on it from 2007. OFT says something along the lines of operating with incorrect license could result in a £50000 fine and withdrawal of license. CSL haven't ammended their license.

This document sets out the requirements re fitness to hold a credit license.
I would be most grateful for anyone ( SAY FOR EXAMPLE: THAT YOU WORK FOR TRADING STANDARDS AND HAPPEN TO BE BROWSING AND COULD FORMULATE a RESPECTABLE OPINION) to have a look at this and give their opinion.
http://www.oft.gov.uk/shared_oft/bus...ces/oft969.pdf

I think there are quite a few areas where CSL have fallen well short of the requirements set out in this document. I would like to incorporate this into any complaint to the OFT because the loss of Credit License would pull the floor out from under these DCA hoodlums.

Thanks


a while later..... section 3.6 and 3.9 amongst other things are relevant parts I believe. Nigel Bridle is listed as an officer on CSLs credit license, however he is no longer, I believe, a director at CSL having resigned in 2007. I think the regulations require notification of this kind of change of circumstances within 28 days.

I would like to apologise for using inappropriate vocabulary in relation to DCAs. I am new to all this... still finding my feet and I have to admit my anger with these ***** had got the better of me. I promise to allow my frontal lobes to modify any thoughts from now on and I'll stick to facts only. I will also avoid any activity which may jeopardise the integrity of this site.

Back to business... I have received another letter today from the DCA.
-less demanding but still pressing for payment. It's logged, filed and complaint prepared for Monday.

I am now trying to evolve a strategy for my complaint to the OFT and perhaps an enhanced complaint to Trading Standards. This is no longer about the money.. I would like to hurt (metaphorically) the DCA.

The harassment issues in relation to the Administration of Justice act are clear however from reading other threads, I get the impression that a complaint on this front yields little and is not taken too seriously.

I would like to explore further the DCAs compliance (or lack of) with the consumer credit license regulations and see if there is an avenue for triggering a process of review of their fitness to hold a license - I have identified a few breaches not previously mentioned here. The consequences of these could be quite interesting for the DCA.

Also, having done a little business myself, I am always curious as to why the same directors would conduct, in essence, similar business activities through different companies. One reason is that it provides layers of protection to a director, but more obviously it muddies the waters with The Revenue. The old saying about smoke and fire really applies here... if they are behaving unlawfully in one area, it kind of follows that they probably are somewhere else too. I think a good forensic look at the Crucible group/cshl accounts and how shares are split could be quite revealing. It would be nice to get The Revenue taking the company and the director's lives to pieces (again metaphorically).

I am also contemplating a CCA and Subject Access Rights request but with a twist. If they are served on the Directors or the Credit License holders (and believe me, there are quite a few licensees at these companies... it's almost confusing) and they fail to comply, I suspect a complaint would have more bite.. particularly with Trading Standards.

Finally, I am thinking of billing them for my time dealing with their actions since they received the statute barred notice. I would normally expect several hundred pounds per hour for work ( I don't do too much) and I have spent about 25 hours with this so far. If they didn't pay I wouldn't hesitate going for a claim through the courts. Any Ideas on this?

My 72 hours are up....................... ....

Having gone from a position of fear when this all started to a position where I have a new hobby, this deadline is a bit of an anti-climax:cry:.

I am still trying to open up areas of weakness that CSHL (credit solutions holdings limited - the supposed umbrella company) has before I proceed to a full-blown complaint to the OFT. If anyone has any further ideas in relation to Credit Licenses, I am all ears.

I have also written to Companies House to see if there are any procedures for having Directors removed from the register. I'm thinking if it can be established that the Directors (In this case the Credit licensees in the mish-mash of companies at capella court) have been conducting business activities that are unlawful, then I am pretty sure there are some routes to go down to have the directors removed. I will update on this when I find out what the process is.

Is there a way of finding out how many complaints there are at the OFT about Credit Solutions LTD? I believe this information could add weight to any action against a Director at Companies House.


A short while later...... I have asked ( sorry... over the phone... ) the student loans company to e-mail me instructions as to who I should be dealing with re this alleged loan. The lady said I must only contact CSL.. and she'll e-mail that instruction to me. Interestingly when I said that the loan was statute barred and I would therefore appreciate them not pressing for payment, she said, "The loan HAD BEEN Statute Barred, but because I had made a payment it was now unbarred"
Am I allowed to smile?

I have mailed SLC and told them where to go and on what grounds. I have also told them I will now be billing the SLC for each hour of my time that they or their goons continue to waste, also that I'll fire off updates to all the complaints I have lodged at various organisations - made me feel good anyway. Trading standards are going to get back to me any day...will keep you informed.

Re Credit Solutions Ltd and all the companies at Cappella Court Brighton Road CR82PG ( Power 2 Contact ltd / Credit Solutions Holdings Ltd ): Companies House only prosecute Directors for Returns violations and can strike them off and fine them £5000 for each offence but they have said that if a Director as acting in an unfit manner the organisation to contact is:

www.berr.gov.uk on 02072155000 which is the Department of Business Enterprise and Regulatory Reform.


Within this organisation you can go straight to the
Companies Investigation Branch
on 02075966100. mailto:enquiry@cib.gsi.go v.uk .....will keep you informed.
Useful information: http://www.insolvency.gov.uk/cib/faqs.htm

Shareholding Advice Needed Please - UK Business Forums

Derek Barry..... Another F***** on the Credit Solutions Limited credit license who no longer works there. I am so happy that what goes around comes around:grin:

These are the licenses on the Public Register


Licence Number: 0543806
Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration Number Power 2 Contact Ltd 4791083

Categories:

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

Right To Canvass Off Trade Premises:Yes


Trading Name(s) (Current):

Cougar Financial CSL Ctrl F P2C

Issued Date: 08-Oct-2003
Expiry Date: 07-Oct-2008


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePosition David Michael Leach OFFICER Monica Rommatta Bechles OFFICER * Mr William Hugh Pierce * OFFICER Nigel Bridle OFFICER Timothy James Nash OFFICER

Historic Individuals that run the organisation:

NamePosition Alistair David Smith OFFICER Brenda Stevenson OFFICER David Stevenson OFFICER

Nature of Business:

debt collection Other

Current Address(es):

Address TypeAddress Correspondence Capella Court, Brighton Road, Purley, Surrey, CR8 2PG Principal Place Of Business Electra House, Electra Way, Crewe, Cheshire, CW1 6HZ Registered Office Capella Court, Brighton Road, Purley, Surrey, CR8 2PG

Historic Address(es):

Address Type Address Correspondence Alistair Smith, Scotcall ,40, Carrick Street, Glasgow, G2 8PJ Principal Place Of BusinessBarlow House,3, Butter Hill, Carshalton, Surrey, SM5 2TW Registered Office Capella House, Brighton Road, Purley, Surrey, CR8 2PG Registered Office Fairman Law Accountants, 300, Kingston Road, London, SW20 8LX







Application / Licence Details




Licence Number: 0300314
Licence Status: Current

Current Applicant / Licensee:

Business NameCompany Registration Number Credit Solutions Limited 2520932

Categories:

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

Right To Canvass Off Trade Premises:Yes


Trading Name(s) (Current):

CLS

Trading Name(s) (Historic):

Contact Direct

Issued Date: 26-Oct-1990
Expiry Date: 28-Oct-2010


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePosition David Michael Leach OFFICER Derek Barry OFFICER Gordon James Wilson OFFICER Monica Ronetta Beckles OFFICER *Mr William Hugh Pierce* OFFICER Nigel Bridle OFFICER

Historic Individuals that run the organisation:

NamePosition Mr Andrew Fox OFFICER Mr Brian keegan OFFICER Mr Brian Smith OFFICER Mr John Gerard Williams OFFICER Mr John Sheldon OFFICER Ms Maureen Shirley Brown OFFICER

Nature of Business:

Debt Collection

Current Address(es):

Address TypeA ddress Correspondence Capella Court, Brighton Road, Purley, Surrey, CR8 2PG, United Kingdom Principal Place Of Business Capella Court, Brighton Road, Purley, Surrey, CR8 2PG, United Kingdom Registered Office Capella Court, Brighton Road, Purley, Surrey, CR8 2PG, United Kingdom

Historic Address(es):

Address Type Address Correspondence 7B, London Road, Morden, Surrey, SM4 5HT Correspondence Credit Solutions Limited, Capella Court, Brighton Road, Purley, Surrey, CR8 2PG Principal Place Of Business 3, Butter Hill, Carshalton, Surrey, SM5 2TW Principal Place Of Business 7B, London Road, Morden, Surrey, SM4 5HT Principal Place Of Business Barlow House 3, Butter Hill, Carshalton, Surrey, SM5 2TW Principal Place Of Business Credit Solutions Limited, Capella Court, Brighton Road, Purley, Surrey, CR8 2PG Registered Office 7B, London Road, Morden, Surrey, SM4 5HT Registered OfficeBarlow House 3, Butter Hill, Carshalton, Surrey, SM5 2TW Registered Office Credit Solutions Limited, Capella Court, Brighton Road, Purley, Surrey, CR8 2PG



Credit Solutions no longer employs Nigel Bridle or Derek Barry and Power 2 Contact License is expired! (correct Is being renewed). Also Officers Romatta Bechles and Ronetta Beckles Seems odd!!! Maybe they're cousins.

Also, on the CSA website:
http://www.csa-uk.com/csa/members-list.php
It says the person to contact re complaints at Credit Solutions is Mr Bansal, yet if you ring up and ask for him they tell you he doesn't exist.

This lack of attention to detail is a little bit disturbing.
I don't see Steven Dunne on this license... Is that a violation of the regualtions?
*Alpha Monkey*

Fishy?:idea:

Open Source Development Ltd
Company number 6297706
http://www.opensd.co.uk/osdl1/contactus.html

This has just been fired off to the Companies Investigation Branch of the Insolvency Service. Obviously I can't post in its entirety, but if others do the same we could become a royal pain in the a**s to these (can't express myself appropriately).




"
I have reason to believe that a group of directors are allowing their companies to operate in an unlawful manner. I believe that they are willfully and repeatedly flouting the law and OFT guidance in relation to their business activities.

I think at this time of economic hardship that it would be in the public interest if the companies involved, their directors and the financial links between them were scrutinised by the Companies Investigation Branch. I believe that there are former directors who may be willing to provide an insight into the practices of these companies.
"

I will of course update.

My next load of digging will be into the share holders.. this will take a while and could be interesting.
I'm still on the case