HELP Student Loans debt collctors after me!

[suzyalan]

Hi All

I would be really really grateful for some advise. I have a student loan from 1992. Last Payment made Summer 2000. I am now settled down, married with a mortgage and more importantly our gorgeous little baby boy.

In October I got a letter from Student Loans Company, which I decided to throw in the bin (out of sight out of mind).

I have just come home from work to find a letter from a debt collecting agency demanding I pay it by Friday (in 2 days).

In the letters they are addressed to my "maiden" name with married name after that in brackets.

I dont know what to do. I cant afford it coming upto Christmas, and in Jan we are supposed to be going to Australia with a view to emigrating, but we have got a loan to go there, as we do not have loads of spare cash.

I was thinking of doing a statute barred (?) letter but then wont I be acknowledging the debt to a new company so it will make the statute barr void?

PLEASE PLEASE PLEASE can anyone help me?

I nearly chucked this letter in the bin, then thought I best deal with it. I dont want black marks again I went through a lot of debt issues 10 years ago and paid everything off but I must have forgotten this one,
Thanks a million

[42man]

If you have neither sent a payment to them OR made any acknowledgment to the debt for at least 6 years then this is statute barred - send them this letter...

1 High Street,
Newtown,
Kent
R21 4RH


June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully
Mr A N Other

[suzyalan]

42 Man, Thans so much for this. Shall I send it to the Students Loans Company then rather than Mackenzie Hall? This letter has frightened me, now I have a baby I get worried about stuff like this. I wouldnt be able to fight then away from the door step whilst holding baby! Thanks

I have just read on another thread that as its statute barred it cannot be legally enforced, and another thread saying statute bar cannot be applied to student loans.

Thanks, Suzy xx

[42man]

No send it to Mckenzie Hall......please relax and don't worry....and yes you are correct about statute barred debts, it cannot be legally enforced....keep all your letters ready to complain to the OFT and TS, which you MUST do....

[suzyalan]

Hello again

Thank you. I am so grateful and am starting to relax now!! Letter will be sent in the morning, and I WILL complain to OFT if needs be

Thanks, Suzy

[pt2537]

Hi Suzyalan

42man is spot on,

in addition to the excellent advice 42 man has given,since your loan was taken out in 1992 it was also covered by the Consumer Credit Act 1974

now then if there clowns come back with any sort of proof that the debt isnt statute barred, then slap them with a CCA request

the letter can be found here http://www.consumeractiongroup.co.uk...templates.html

you would need to use letter N and send a one pound postal order, DO NOT from here on in sign any letters to these people

instead print your name in capitals and send recorded delivery

now this is only if they provide proof of the debt not being Statute Barred

let us know what they say and we will guide you onto the right lines

[tiglet]

Dear old Mac Hall - don't worry, these guys are actually very easy to get rid of and they do seem to specialise in chasing statute barred debts.

Send the statute barred letter (special delivery). Do not worry if they ignore it and send another threat-o-gram - if they do, phone east ayrshire TS who will call them on your behalf and tell them to get stuffed. they are quite used to doing this for people - you can hear the sigh in their voices when you call!

[jkspepper]

Does that mean no one ever has to pay a student loan back if no payment is made within 6 years?

That doesn't sound right?

[pt2537]

Actions founded on simple contract


5. Time limit for actions founded on simple contract.
An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

the Limitation Act 1980 prevents legal action where no payment or acknowledgment of the debt has been made so im afraid it is correct

[suzyalan]

You have all been SO SO SO absolutely brilliant! Thank. This website is just the best. I am going to take this advice, send the bog off letter (for want of a more technical term!), not sign it, send it by registered and I hope thats the end of it. If it isnt though I am going to report them for definate.
Tiglet (loving your name!) I will contact Ayreshire TS if needs be. I dont want all this hassle, It was hard enough to put myself through Uni after leaving home at 16, and I have tried to be a good citizen, so when I got this out of the blue I did panick - a lot!! So thanks - You have really helped me. I might even tell the better half about it now its all under control!! xxxxxxxxxxxxxxxxxxxxxxxyo ure the best xxxxxxxxxxxxxxSuzy

[tiglet]

Talking to your OH (never refer to a bloke as "better" LOL) may make you feel a lot better - we've all got ourselves into debt at one point or another and it was a long time ago now - nothing to be ashamed of and you're in control now.