Student Loans Company

[Fuzzgin]

Not sure if I posted here about these people before.

I was hassled by them about a year ago for a debt from the mid nineties and stupidly started to pay. Since then I've reduced my payments to £1 a month by standing order which I've not yet checked but there's no reason for it to have stopped. I know that the first 2 went through.

I got a letter on the 27th September dated 21st September saying that I was in default and that they would initiate court action if I hadn't responded within 5 days of the date of their letter. Note the impossibility of the threat. How can I respond to a letter I haven't received?

I wrote to them pointing this out and stating that my S.O. is still going through.

I only get a statement about every 3 months so I can't prove for certain that it has. I have not received a letter from my bank saying that any payment has been refused due to insufficient funds and I think I'd hear about that first?

Is this a trick to try and get me to call them?

[sequenci]

Hello there.

You state that you had a debt from the mid 90s and have recently started paying again. Do you think there was a period of six years where you didn't pay anything or acknowledge the debt in writing?

It may be statute barred under s5 of the limitation act 1980.

take a look:

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

[Fuzzgin]

It may have been, but I've paid since then. This all started before I knew of this site.

[Fuzzgin]

I should mention, I'm in Scotland although I was in England until 3 years ago.

[sequenci]

I know just the guy to help you, i'll go find him... (he's very good at scottish law)

[tiglet]

Originally Posted by Fuzzgin

It may have been, but I've paid since then. This all started before I knew of this site.

Yes, but if you didn't pay or acknowledge the debt for 6 years, it is statute barred - you can't "un" statute bar a debt by starting to amke payments.

Why don't you ask for a full statement of account from when you took out the loan to see if this is actually the case.

[rory32]

This is the old style student loans so are covered by The Consumer Credit Act. It sounds as if they are trying to implement the 1998 terms and conditions (which is not what you signed up for). I assume it is Smith Lawson and Company that you are dealing with (Student Loans Company by another name). I would therefore send them a CCA request under s77 of The Consumer Credit Act 1974. The template for this is here http://www.consumeractiongroup.co.uk...templates.html template N. Enclose a £1 postal order and send recorded delivery if possible. Before you started making payments again, how long was it since you last made an offer of payment in writing or made a payment? Did you ask them to defer the loan?

[sequenci]

Originally Posted by tiglet

Yes, but if you didn't pay or acknowledge the debt for 6 years, it is statute barred - you can't "un" statute bar a debt by starting to amke payments.

Why don't you ask for a full statement of account from when you took out the loan to see if this is actually the case.

this user is in scotland, slightly different laws apply here

[rory32]

Yup, in Scotland it is 5 years.

[tiglet]

Sorry, missed the bit about being in scotland.

As Rory says, it is indeed 5 years.

[Fuzzgin]

But there was a CCJ. I think this makes a difference? I was ordered to court in 2001 to give statement of my income and outgoings. This was the last I heard although I gave acount details to arrange a direct debit/money transfer at the time. I remember the guy at the court was very sympathetic and reduced my monthly offer. I recently got copies of my bank statements from that period as I was sure I had paid it off. I can't see any payment on there that would correspond.

I'm dealing with the Student Loans Company litigation department.

[Fuzzgin]

Now they've acknowledged my standing order has been received but decided to demand a review. (Like my situation will have changed in 3 months). They've sent me a budget sheet and a form which asks for my work details. There is NO WAY they are getting them! Would I be within my rights to put n/a there. I've done the same with home telephone numbers too. I've already told them that I will communicate in writing. I'm tempted to CCA them now. Actually I think I may just send them my standard budget as nothing has changed except that I have a cat with permanent hunger to feed/possible vet's bills. Certainly nothing extra coming in.

[tiglet]

Did you actually get a CCJ? If so, they have no right to amend the amount you are paying without applying to the court first.

[Fuzzgin]

yes and I can't remember what the agreement was. I had to go to the court and give a statement on my income/outgoings. The court officer was very nice and empathised with me. I've since got the statements from that current account (mostly charges) but can't see anything that's obviously related to that. I do know that my earning now are much lower than they were then and I can't afford to pay whatever I was paying.

[tiglet]

Firstly, on Monday morning, get a copy of the judgement from the court. This will tell you what the position is in terms of what you should be paying.

Once you've got that bit sorted out, post back for some more advice.