SLC/Capquest ignoring my request for evidence of debt

[vic1mor]

Hi everyone,

I've found this site immensely useful and reassuring in addressing my problem (details below), and have been searching the fora here for an answer to these particular questions. I haven't found one, so I've registered and started a new thread to throw myself on the mercy of the forum (and this post is quite long... bear with me please!).

I was a student between 1992 and 1995 and took out student loans in each of the 3 years. I deferred my repayments for a few years while I was a postgrad then moved overseas. At some point while I was overseas (probably 1999, certainly prior to 2000) I lost contact with the SLC (either didn't tell them a new address as I was moving very often or I did and they didn't act on it - can't remember now) and haven't contacted them since.

Move forward to last month, when I received a demand from capquest for repayment of the loan. I searched online, being vaguely aware of the limitation act and enforcement of debts being statute barred after 6 years, and found confirmation of that here amongst other places.

I wrote to them, saying that I didn't acknowledge any debt to them as any loan I may have had would have been statute barred. I then received an illiterate letter saying that student loans 'were not covered by statute barred' - which I took to mean not covered by the limitation act. I knew this wasn't true, and told them so in writing. I asked them to provide evidence that I owed them anything at all. Since then I have had two more letters (one from capquest this morning and one purporting to be from solicitirs but directing me to reply to capquest, not them) ignoring my request and threatening court action, originally this monday but now on the 7th september.

Now I'm pretty sure that they can't proceed without any evidence that I (a) owe them anything at all and (b) that any debt is not statute barred, but I'm not sure how to bring this to some kind of conclusion, so on to my questions (at last! I know, brevity's not my forte...)

(1) Can I use a subject access request to get them to reveal when my last contact with them was? Most people seem to be using them to query charges. I was thinking a CCA request would be win-win, as if they produce one then it's clear the limitation act applies and if they don't, there's no debt, right?

(2) Do firms like capquest ever actually issue proceedings under these circumstances (I mean when they have no evidence that a debt is not statute barred). A lawyer friend (in a different field of law) I spoke to about this thought these types of company wouldn't worry too much about looking daft in court if there was a chance a district judge might make a strange decision in their favour, so they might go ahead anyway. I can't risk actually getting a CCJ.

and (3) (last one!) I saw that student loans would soon go on credit ratings - how would my credit rating be affected if I did make this go away as statute barred debt?

Thanks for your forbearance, and for any answers to my questions!

[noomill060]

Dont go away, I'm working on some answers for you.

[noomill060]

(1) Can I use a subject access request to get them to reveal when my last contact with them was?

Yes. Your S.A.R - (Subject Access Request) should ask for all of your personal data- including a list of charges and the dates applied to the debt. Once you have this list you can start a claim to get them removed.


(2) Do firms like capquest ever actually issue proceedings under these circumstances.

Yes, and they usually lose against Caggers.

clapquest- a joke

[noomill060]

CCA them

Subject Access Request them

Start a claim to get unlawful charges and interest removed

[noomill060]

Oh, you have gone away.

[vic1mor]

Thanks very much!

[vic1mor]

oops, must have logged out then back in again -didn't actually go anywhere.

re. unlawful charges, does pursuing these not mean acknowledging the debt?

[noomill060]

I dont think so, acknowleging a debt would mean actually paying it or sending a deferment form.

In any case sending a Subject Access Request is the first step. The response will tell you when you last acknowleged it.

[noomill060]

Send the Subject Access Request to the Glasgow address- Brothel Street or whatever

[noomill060]

Bothel Street, sorry.

[vic1mor]

I will CCA and Subject Access Request them after the weekend (when I have access to a printer again). If they do issue proceedings, do you have any advice on how to combat this? online resources perhaps?

thanks again (though I was hoping someone would say that they would go away!)

[noomill060]

Yes, this site is full of people willing to help and template letters to send. Ive seen a thread whereby someone did in fact beat SLC on Statute Barred debt.

Never got to court, a few appropriately worded letters pointing out the Limitations Act put them back in their box.

[noomill060]

If you do receive a court claim, remember that it is one thing to start a claim- actually going in front of a judge and knowingly trying to enforce a statute barred debt is quite another.

[noomill060]

Do you know where the CCA and S.A.R - (Subject Access Request) templates are?

Remember, use Postal Orders to pay the £1 and £10 fees. Send them by recorded delivery at least- special delivery if possible.

Send them separately, dont try and save a few quid by putting them in the same envelope. You want proof that both have arrived.

DO NOT sign the CCA request. Type your name.

[vic1mor]

Thanks again Noomill, I must say I didn't expect such a quick response! I'm checking out now but will be back again monday night, by which time I will have something to send

[noomill060]

Have a good w/e. You will beat them, dont worry.

[vic1mor]

hmmm... I think I did sign one of the letters I sent so far. Why should I not sign them? there's a link to the templates etc. somewhere on this site, right?