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JohnnyD1

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About JohnnyD1

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  1. SUCCESS! Was in the court for 4 hours waiting for my turn in front of the Sheriff. 60 seconds later - Decree recalled. Case dismissed. CCJ Removed from my record in about a weeks time! The Inland Revenue sent a letter to say they were not opposing the Recall. Time to start looking at mortgages now! This forum ROCKS! Thanks to all for help.
  2. Still no response from Thesis to my last letter. They did contact me by phone - after being instructed not to. I told the girl I am only communicating by mail and put down the phone. If they had proof surely they would have replied by now. Would it be worth writing to them and asking for a repsonse to my previous letter?
  3. I sent the Scottish version of the 'statute barred' letter (in previous post) to Thesis on 9th October. How long do Thesis have to respond to this letter? If they do not respond in this time limit can I presume that they will not be seeking further to reclaim the money. cerberualert - On your advice I amended the letter, as perviously mentioned in this post. I have been making payments to the loans (but not to Thesis) for the past couple of years. The period for the statute of limitations in my case was when I was AWOL and not a recent period to this date. I would have though
  4. After more research I have discovered the following: In Scotland the equivalent of a CCJ is a 'Decree'. Instead of having a CCJ 'set aside', in Scotland, you need to have the 'decree recalled'. This involves filling in a couple of forms and submitting them to the relavant court where the decree was made. In my case it is the Small Claims Section of Edinburgh Sheriff Court. The forms they have asked for can be found at the following link. Form 20 and 20a is what the court asked for. Small Claims Forms The people at the Small Claims section at Edinburgh Sheriff Court were v
  5. Copy of the new 'statute barred' letter I am going to send. Please can you check the highlighted sections editied for my specific details. Are they ok? Thesis Servicing PO Box 141 Caerfilly CF83 9BX 10th October 2009 WITHOUT PREJUDICE Dear Sir/Madam Acc/Ref No xxxxxxxxx You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligat
  6. Cheers cerberusalert. Before going AWOL the last document I have from the SLC was a Annual Statement sent in Sept 2001. That month I moved flat and I didn't contact the SLC by phone until Jan 2007. The SLC say that I made a deferment in Sept 2002 but I have no documents from this inbetween period only the SLC's word for it. I assume that the SLC wouldn't make a deferment in 2002 unless I was in contact with them and I sent them a deferment form. Would they have a copy of my deferment form on record? The only previous recorded contact I had was the deferment from the previou
  7. I have just looked at the dates I posted when was out of contact with the SLC. It turns our that I counted one too many fingers. I have corrected the error on the previous post. To clarify the Statute of Limitations issue on my case - According to the SLC (I have no document relating to this deferment) the last deferment I made on the loans before I went AWOL was on 26th Sept 2002. The next communication I had with the SLC was when I called them in January 2007 - 4 years and 3 months later. Looks like I can discount the statute barred route. Unless Thesis cannot provide me with th
  8. Found this on another forum will it work in my case? Link: statute of limitations - Penalty Charges Forum Is this all I need to send to the SLC and Thesis to be free of my Student Loan debt? Statute Barred Letter Template under Scottish Limitations Your address The Loan Company’s address date WITHOUT PREJUDICE Dear Sir/Madam Acc/Ref No ************ You have contacted me regarding the account with the above reference number, which you claim is owed by myself. We would like to point out that under
  9. If the Scottish system statute of limitations is 5 years then it would appear that all three loans are subject to the statute as there was a recorded 5yr 3mth gap (according to the SLC) and therefore neither the Student Loan Company or Thesis have a legal right to chase me for any more money as the three loans are automatically 'statute barred'. Please can I get clarification of this statement. Is there any relavent Scottish Law or information you can provide links to? Here is what I have found: Prescription and Limitation (Scotland) Act 1973 (c. 52) Prescription and Limitation (
  10. Hi guys. I have a CCJ against my name that was processed at Edinburgh Sheriff Court in October 2006. The Inland Revenue were owed £126.00 in National Insurance payments that I was not aware of and I had just moved house when the final demand was sent to my old address. I did not know it went to court and a judgment was made against me in my absence resulting in the CCJ. I did not know about the CCJ until I got a copy of my credit file at the beginning of 2007 when I was applying for a mortgage with my girlfriend. The debt was settled with the Inland Revenue in April 2008 and I
  11. Another point - I live in Scotland. It could be important because I read this post: http://www.consumeractiongroup.co.uk/forum/scotland/223504-new-cca-court-claim.html I have also just posted my CCJ problem: http://www.consumeractiongroup.co.uk/forum/legal-issues/224844-help-set-aside-ccj.html#post2489052
  12. Hi guys I'm back on the quest of sorting out my finances. Thanks for your previous help. I have been working on the advice given. My questions are in bold. I am paying off my new style 1998 loan at £100/month to the SLC and due to complete repayments in October 2010. I am happy to do keep this going to get it cleared. My remaining issue lies with Thesis and the outstanding amount due to them of approximately £3500. £1400 is currently deferred and the arrears thay want immediately is approx £2100. Below is a copy of the introduction letter that I, and I assume everyone else go
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