Cool, Thanks for the info!

There's nothing in the lease that details damages and entitlement, but there is a section about resolving disputes via an independantly appointed adjudicator. Would it be up to the adjudicator to assess any compensation (provided no solution is attained between me and the landlord)? I'm struggling to see how I can use it as a lever if the threat has no backup

I regard to Question 2: By not maintaining the premises to be water tight, have they not breached a condition of the lease? What would they have to do to allow me to terminate? Thanks Dave

Just wondering if anyone has any advice on the following issue I am having with my retail premises My wife and I run a small shop and are Head Lease holders, almost 5 years into a 10 year term. Over the last 3 years, we have experienced 3 floods causing a few 000's of damage each time (insuracne covered the first 2, the 3rd is still in negotiation). There is a clause in the lease that details the Landlord is responsible for keeping the premises wind and water tight. The landlord has had work done to 'rectify' the problem, but in my opinion (and the opinoin of everyone i've spoken to, including the people who carried out the work) the job will have no effect if the conditions are repeated that caused the floods. In the interests of keeping the business going, I have requested that the landlord offers some form of compensation. However, the response I have had (after 4 months and many letters) is that they missed a rental review 7 quarters ago and we are now liable for all the back rent, which they will discount by a paltry figure leaving us owing the landlord another £1,000! There is no break clause in the lease. My questions, I suppose, are 1: Can they request the back rent in this manner? 2: Do I have cause to terminate the lease? 3: Can I force a renegotiation of the lease on new terms? Would gratefully hear any advice / experiences

@ Woody My first contact regarding the loan was back in Feb and that came from Credit Solutions Ltd (aren't they part of SLC?). Are they likely to pass the debt back to a credit agency? Also had another letter yesterday from SLC acknowledging the request for the CCA and the payment. So now I'm totally confused!! Guess I'll just have to wait and see what arrives in the file they have promised to send by Jan 9th!

Some movement from the SLC!!! Received today, 2 letters, a "Notice of Sums Due" and a "Notice of Sums in Arrears". Both very similar in content, but differing in one rather Major way. The Sum in Arrears letter states the Opening Balance of my loan account is £4k. Further in the letter, it states the total arrears is £3.5k and this must be paid in full by 27th December The Sums Due letter states the Openeing Balance of the account is £0 and Total Payment Due £0 The Nil value letter is date 2 Days later than the one demading £4k, so my most recent conatact from them is for Zero Pounds!! (Happy Xmas to me) But I'm still left with no CCA agreement, signed or otherwise and no recognition of the Statute Barred status of the loan. I'm sorely tempted to send a copy of the Nil Point (french accent req'd!!!) letter back to them with a cheque for zero pounds!! Can anyone suggest anything a bit more mature ?! THanks Wavey

Well, thats it. 12 (13 actually) working days have passed and there is no sign of any contact from the SLA, neither acknowledging the statute barred status of the debt, nor supplying the CCA. Should I just sit tight and hope they go away or press for the statue barred acknowledgement?

Fingers crossed!!!

Ah, so the whole point of the CCA request is to 'force' them to prove that can chase for the money? But they actually have as long as they need to find it? So what is the point of the 12 & 30 day deadline? Is that only to stop them chasing until they are able to prove the money is owed?

So they still have the remainder of the 30 days to come up with the agreement and if they provide it in time, they can continue to enforce the loan?

It's Friday the 12th and I've still not received anything from the SLC regarding either the CCA request or acknowledgement of the statute barred status. Given the time of year, and where I live, I doubt that I will receive anything by Tuesday, when the 12 day deadline for response is due. From these forums, I understand that they would be in 'default' and have 30 days to reply before they have committed an offence, but I am unclear of what happens in this interim default period. If I dont' receive the CCA response before Tuesday, does that mean that they can no longer chase me at all, ever ever again? Or does this happen after the 30 days have passed? Should I be writing to them and informing them that they are in default and if so are there any templates? Should I write to them after 30 days have expired and again, any template letters? Any help greatly appreciated Fingers crossed Wavey

T minus 7 working days and counting for the CCA request.

Will send the Statute Barred Letter again today, registered post. They have only mentioned the single account in all their correspondance. From memory, I only took out the one (possibly 2). I was at Uni for 4 years and had a grant for the first 2 or 3 years and didn't take any loans out.

Only for the CCA / SAR request

Woody: I checked the Factsheet link you sent. I seems pretty clear cut that the loan falls under the limitations act. Rory: I honestly cannot recall the situation of 12 years ago and if I informed them or not. When I moved to the Channel Islands, I had no idea of the local governmental structure or the bearing on UK / GB Status. At that time, I just thought it was an extension of the UK!!! And as the years roll by, one tends to forget things! So far I have sent the following correspondance 1 Statute Barred / Limitations Act letter to Credit Solutions Ltd in Feb (not registered post) 1 Statute Barred / Limitations Act letter to Student Loans Company in Oct (not registered post) 1 CCA / SAR request to Student Loans Company Last week (registered) I've had no corresponsance to suggest they have received these. Would it be worth sending another statute barred letter by registered post to ensure they get this? Up until the point that I sent the 2nd Statute Barred letter, I had numerous automated calls (up to 3 a day) from both CSL and SLC. Unfortunately, I haven't made any record these. Considering they are now threatening court action, is there a 'right time' to play the harrasment card? And is there any templates that would help with concocting one? Also, Woody Meister, when do you know that it's all over? Do they confirm the statue barred status? Thanks for all the help people! Wavey

Sorry, didn't mean to be brusque! As I said before, I had completly forgotten about the loan until Feb when the letter came. I hadn't heard of the Limitations Act until reading through the forums here and considering that they want FULL payment (which I cannot afford) and they (and their buddy boys - CSL-Credit Solutions Ltd) have not been vary pleasant or helpful, I figured it was in my best interests to explore the statute barred route. After all the SLC have the obligation to keep track of the loans they give out.... don't they?

Rory If the Debt is statute barred, then would the jurisdiction of the court have any bearing anyway? I've been through a lot of the threads on the Student loans and claiming back charges, improper documentation, but I can't seem to find much reference to successful statute barred cases. Hopefully the CCA request won't count against the statute barred status?

I sent the CCA / SAR (stating debt NOT ackowledged) on Friday. I had informed the SLC the debt is statue barred, but then they proceeded to send me a County Court Claim anyway. I figured putting the account in dispute was prudent considering the proposed court action. And I do still live in the CI. Does this make a difference? The loan was pre '98 and according to many sources on this forum and elsewhere, it can be statute barred. Thanks Wavey

I am about to send off the CCA / SAR request. Does anyone have any advice as to whether this is the right thing to do? Surely with no contact since 1996 this should be statute barred? Do I really need the CCA / SAR? Thanks Wavey

Pressure, Have you had any further contact from the SLC? I am in a similar situation, but I have not had any contact from them since 1996 (see my thread Student Loan - Old Style Help. I am about to send the CCA / SAR letter off to them, was wondering if you had any further info. Thanks Wavey

Hi, Apologies if this is covered elsewhere, I have looked but I can't find anythign specific to my case. I have an old style loan (graduated in 96). Straight after Uni left home (on not too good terms) and moved to the Channel Islands leaving no forwarding address. For the last 12 years, I've heard nothing about the loan and had completely forgotten about it! Until this Feb, when a letter came through from a Debt collection agency. I consulted this forum and sent the Agency the standard "Statute Barred" letter I found on here. No response other than a load of automated phone calls which I ignored. Then around a month ago, I had a demand for payment from the SLC themselves. Again, I sent the Statute Barred Letter, again, no response. Until yesterday. Now I have a letter advising of the "Pending Issue of a County Court Claim" demading full payment in 7 days or the account will be submitted to "Northampton County Court Bulk Centre" (I've never even been to Northampton - EVER) for a CCJ to be registered against me. I have never knowingly deferred payment, I haven't contacted the SLC since leaving Uni. Should I now send a CCA request and Subject Access Request (I have found examples on here) and a £11 cheque, or should I be replying down the Statue Barred route again? Or none of the above? Any help much appreciated. Thanks!