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shuck

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  1. I am in a similar position and have received the same letter last weel from BC&W. I received another letter today threatening an arrestment of my bank/building society account. I have received these letters despite advising them that the debt is barred and that they cannot take me to court. I will send another statued barred letter just to remind them and this time I will send it recorded delivery. I have had at least 7 DCA's contact me over the last 2 years threatening all sorts of action and as yet not one of them have visited me or taken me to court. So I would hang on in the
  2. Thanks for your response Ida, but I do find your answers to my questions somewhat confusing. In answer to my question regarding the statued barred argument you wrote: "I thought that the the loans after 1998 weren't covered by the CCA ida x A student loan is a debt under statute, this means that the Limitations Act (LA)1980 does apply. The limitations period on this debt is 6 years and not 12 years. However, as this is a new style student loan, HMRC can deduct repayments directly from your PAYE even if the debt is statute barred, which only allows you to defend the matter
  3. I have posted these questions previously but have yet to receive a comprehensive answer and would be grateful if someone could help me here. I recently received a letter from the SLC advising me that my debt is not statued barred as I applied for a deferment in July 2003. I know that under Scottish Law a debt is statued barred after 5 Years. As I entered into dialog with various DCA's and the SLC from Feb 08 regarding this debt does this mean that the clock starts ticking again? In the correspondence I sent I always stated that I did not acknowledge this debt and would require
  4. Thanks! On all correspondence I have written in bold that I do not acknowledge this debt.
  5. Is anyone out there who can answer my previous 2 qustions PLEASE?
  6. How much would the SLC take or expect if I was to start paying?
  7. Does stating that the debt is statued barred before it is mean that I have acknowledged the debt?
  8. I recently received a letter from the SLC advising me that my debt is not statued barred as I applied for a deferment in July 2003. I know that under Scottish Law a debt is statued barred after 5 Years. As I entered into dialog with various DCA's from Feb 08, does this mean that the clock starts ticking again? In the correspondence I sent to the various DCA's I always stated that I did not acknowledge this debt. If the SLC have my address why do they not pursue me themselves or take money via my PAYE? Please help!!!!!!
  9. Hi Knoxivillain, Idainfife wrote on this thread That: A student loan is a debt under statute, this means that the Limitations Act (LA)1980 does apply. The limitations period on this debt is 6 years and not 12 years. However, as this is a new style student loan, HMRC can deduct repayments directly from your PAYE even if the debt is statute barred, which only allows you to defend the matter if it is taken through the courts. It will be up to you whether you want to contact SLC or wait for them to contact you. If they did find you, they could start to recover the debt through your
  10. My main concern is ensuring that the debt is statuted barred so the SLC or any DCA cannot pursue me through the courts. I really don't kow what action a DCA from England can do to enforce this debt? What action are BCW threatening to take against you? Knoxvillain?
  11. Thanks for your response Knoxvillian. The debt I have is a new style SL as I took it out in 1998. How long have the SLC been chasing you? Any reason why they just don't pursue these debts through the Scottish Courts or contact the HMRC to confirm whether and where someone works? How are BCW a real royal pain in the arse? Why do you communicate on the phone with them? Cheers!!
  12. Hi, I received a letter from the SLC in Glasgow today advising me that they have again passed my account to a company in Sheffield by the name of Close Credit Management and that any future enquiries should be made through them. I sent the SLC a Statute barred letter last week as it is over 5 years since this debt was acknowledged by myself. In fact I have received no correspondence from the SLC during this time. In their reply they state that the Act I referred to refers to a period of 6 years and not 5 as I quoted. However I quoted the Prescription and Limitation (Scotland)
  13. The loan I got was in 1998. I have today received a letter from the SLC stating that I should pay all the arrears on my account which is the sum of £3440.86 within 10 days or court action will commence. Is it worth sending the SLC a statute barred letter asit is over 5 years since I have had any contact from them? I cannot afford to pay this as I do not have the funds, any advice would be welcome. I am surprised that the SLC passed this debt onto a CA and have now decided to contact me directly. Surely the SLC having my NI number etc could have got in touch with me or taken the money dire
  14. I forgot to ask if the SLC do in fact sell debt to Debt collection agencies?
  15. Thanks for your response Tiglet and Rory32. The debt is from 1998, so I guess that it is still enforceable. I am surprised that the SLC did not just deduct payments from my wages as they should have my national insurance number and be able to trace where I work from contacting HMRC. Am I right in thinking then that the debt is enforceable? If so what can I expect from Scotcall? I only have a mobile phone so there is no chance of them threatening me on the phone, which is a blessing. Any advice on how best to deal with this situation?
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