They have to send that notice every six months in accordance with the Consumer Credit Act. If they fail to do so the debt would become unenforceable until they do. In addition, they wouldn't be able to charge interest whilst they are in default of doing so. All that said, I would follow Dx's advice and await the credit agreement. If they have it. Which I doubt.

 

And regardless of what they say, they should be sending you that info - as it's likely they are 'the creditor' as per Crutchely v Go Debt [2009] and paras 2.4 to 2.7 of the OFT Guidance.

 

In short, they're trying to lead you on.

Yes and also Jones vs link financial

http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

Hi guys, I hope all is well.

Its been a while but

finally I have received something through the post.

Its a letter from Arrow global

'In response to a request for copy documents under section 78 of the consumer credit act 1974'.

They have enclosed a photocopy of the original agreement from Sallie Mae from 2007,

i think they may have got this from the university as Sallie Mae no longer operate in the country

and it looks like the agreement i signed in 2007.

It states that they are looking to outsource the account to one of their specialist third parties to manage on their behalf.

In bold it states 'Please note that this is not a formal acceptance of your offer and does not constitute any kind of agreement to an arranged plan.

Also it states that the third party will contact me in 'due' course.

There are three Debtline suggestions they have noted National Debtline, Payplan & Step Change Debt Charity as well as the Citizens Advice.

It then finishes with a correspondence address which is a PO Box number and 'Your Sincerely' Arrow Global (which someone has signed with a 'AG.

It has been a very long time since I last heard from them

and I am extremely worried about where I stand.

Many thanks for reading this and I hope you can help.

I would think its Statute barred now

tough luck.

dx

Even though I have had contact with them?

What do you think I should do next? Wait for the third party to contact me?

It has been nearly a year since they have contacted me. The only place I think they could have got the original agreement from is either the college or another debt recovery company.

I am back in full time education and not eating any money at the moment. Its only a one year course.

contact makes no odds

you've never written saying this is my debt

and signed a letter

its 6yrs sine you paid or should have done.

dx

This is true, the only letter I have sent them is the CCA request.

I didn't hear anything for about three years due to Sallie Mae not operating in this country any more.

Should I wait for the 'Specialist' third party to make contact.

How would I go about investigating the statute barred?

contact makes no odds

 

 

you've never written saying this is my debt

 

 

and signed a letter

 

 

its 6yrs sine you paid or should have done.

 

 

dx

the info is in post one from yourself

its more than 6yrs

state barred

pers I'd be ignoring them

unless you get a claimform.

dx

Ahh ok no worries. How come they do not see this fact and admit defeat?

Well hopefully it is out of the timeframe and state barred. I did initially take out the loan in 2007.

As yet no claim form. They won't be ruthless and send the bailiffs round will they?

cause they try snd fleece people

that know no better.

bailiffs? where did that come from?

DCA's &/or their fake/tame solicitors ARE NOT AND CAN NEVER BE..BAILIFFS.

they have NO SUCH LEGAL POWERS

they ONLY ever MIGHT get involved

IF someone files a claimform

IF they win

IF they get a CCJ

and IF you fail to pay it.

I think with all the scary debt culture and the programmes on television like 'Can't Pay? We'll Take It Away'

it looks like a very ruthless business and

I do get very scared about the whole situation.

Its not like I have lots of assets to take as I live a very simple life.

Does the time start from when I signed the original agreement which was in 2007?

again you are confusing things.

the bailiffs in that program

[well they aren't!! - they are operating under ONE persons High Court Certificate, and he lives in south Africa I think!]

would never be involved in a Civil debt like a loan/card etc. from the big banks to you

it business stuff they do.

SB clock starts at last payment or last deferment.

dx

Ahhhh I see, it is definitely the way that they perceive it to be a very common occurrence

and one that can be actioned at the drop of a hat.

I most definitely my naivety as this is the one and only thing that I have ever had trouble with, it is very new to me.

Well this debt has not had any payment what so ever

and it has been passed on about three times to different debt companies.

Sallie Mae (the original study loan company) no longer operate in this country.

Would the last deferment date be the last time it was passed to a different company?

Is this why different companies buy the debt to keep is from being State Barred?

matters not what THEY do

its YOUR actions that determine the SB date.

typically on student loans you 'defer' repayment until you reach an income level

this is done via the deferment process and forms.

filing in one of those

or any document related to the loan that YOU SIGNED.

which effectively says in oneway or another

you ACKnowlege you owe the debt.

will reset the SB clock.

dx

This is strange situation as it is a loan that was not taken out with the student loans company

but rather a specialist company who provided professional studies loans for Masters degrees.

The company (which I believe is American) stopped providing loans in this country and just left people with no clue what to do.

It was only after about three/four years of hearing nothing as also seeing that other people were in the same situation as me

that I then started receiving letters from a debt recover company in Scotland (Total Credit Financial Services.

It was passed onto another Drydens and then Arrow.

So it has been passed on a few times from pillar to post.

It is for this reason that I am unsure what the actual start date is and also if the debt after seven years is state barred with it being passed on?

IT IS STATUTE BARRED

passing on a debt DOES NOT have any effect.

forget about it SB is the end of your problems.

and in your very first post you mention deferment.

everyone is trying to spoof you

send the SB letter

ignore everyone

until/unless a claimform arrives

it would also help if you scan up what you have been sent too please

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Hi all, where did you get to with this?

Are you now dealing with Capquest like me?

What would be the 'cause of action' in the case of these loans do you think?

K

This is nearly 12 months old, you'll get a better response if you start your own thread, the OP didn't come back??

Hello. I am the original poster for this thread. I really appreciate all of the help and advice that I received from this site.

As it stands I have not heard anything from the recovery agent after following the advice that I was given from here.

That was a few years ago now as now it is 2018 and still nothing. The debt is now 11 years old.

I recently looked my credit score with ClearScore and non of my Sallie Mae debts do not feature on it.

he thanks for coming back...

as we suspected...trying to fleece people.

Greetings and salutations!

Great to be back, I didn't realise it had been so long.

After I had sent the various letters they sent me back some photocopies of the original agreement from Sallie Mae and (if my memory serves me correctly) they said they would temporarily suspend any action against me.

This was a few years ago now and I have not heard anything since!.

This is either one of two things, a calm before a storm or they have finally stopped.

In your experience which of the two do you think has happened?

drydens specialise in debts no-one else will touch

their major income is shortfalls and sadly 10'000's of people fall for their threat-o-grams..

it will go nowhere...........