Clarity acting on behalf of Honours Student Loans

[biglad1975]

Hi guys,

My other half has got a letter from Clarity Credit Management demanding payment of £5,000 on behalf of Honours Student Loans. She says it's one of the old pre-1998 loans, and recalls deferring it a long time ago, although she's not entirely sure how long and says that despite sending the deferment forms they still pursued her for payment.

There are two ways in which we feel we should deal with this, either by getting HSL to take back the debt and administer it as per the original terms, i.e. defer it, as my partner isn't currently working or if that's not a goer then fight fire with fire with the DCA to get it made unenforcable and/or accept a reduced F&FS for a quick resolution.

A few questions:

1 - should we attack with a CCA request and see if they've got any grounds to enforce it in the first instance?

2 - should we Subject Access Request them to find out when the last payment/acknowledgment/deferment was, and if it's long enough go for statute barred?

3 - should we query why this is even with a DCA and hit Honours Student Loans with some strong letters and a request for them to take back and administer the original debt?

I'm interested in your thoughts, guys.

BL.

[tiglet]

Does your OH recall how long ago she made a payment or sent back deferment forms? if she thinks it's about 6 years or longer, I would personally send the statute barred letter to Clarity - it is up to them to prove it is not statute barred, not for your OH to prove that it is.

[daveydavey]

a Government official response to a suggestion to the Better Regulation Executive makes the position pretty clear :

Better Regulation Executive (BRE): Let us have your ideas:

so if they don't consider the debt to be statute-barred, resubmit proof of income during the relevant period(s) - ask the DWP if necessary for proof of benefit(s), or dig out old entitlement letters. Don't let them bully you into submission. Stand up for your right to deferment! Refer to the Govt's statement in communications & in Court if you have to.

[biglad1975]

She's a bit cloudy on the dates. Hmmm. I think a statute barred letter will get the ball rolling!

[tiglet]

They'll soon provide proof if it isn't - let us know what happens next.

[noomill060]

Dont forget that an awful lot of the £5k will probably be made up of penalty charges which you can have removed along with interest levied on them.