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.

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?

Thanks Ida. Fingers crossed.

Cheers. Fingers crossed!

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 thought it useful to indicate this to Thesis. On your advice this is not indicated in the letter. Therefore, my understanding of what the letter is asking Thesis to do is provide evidence that there has NOT been a period, longer than 5 years, when I did not acknowledge the debt (by letter, phone call or payment). Then, if they cannot provide this evidence under the statute of limitations, Thesis can no longer attempt to recover the money and the debt is eliminated. Please advise me if my understanding is correct. Thanks in advance.

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 very helpful on the phone when I needed advice on completing the forms. I am very surprised how easy the process has been to this point. The forms required are similar and one is for the court and the other is for the plaintiff (who you owed the money to) and the court forwards this to the plaintiff. You should also attach copies of any documentary evidence that supports your defense. It costs nothing to apply for a decree to be recalled and once submitted it takes a few weeks for a hearing to be arranged that you MUST attend. I'm waiting for my court date. Hope this helps someone else. Will update with results.

Can anyone give me advice?

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 obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" The last deferment I have documentation for is a 'confirmation of deferment' for my loans on 5th June 2001 from the Student Loans Company. The next 'confirmation of deferment' was sent on 25th May 2007. This is a gap of 5 years and 11 months between communications. I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The period of time between acknowledgement of this alleged debt is over five years as stated above. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed. Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully

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 previous year which was accepted on 5th June 2001. If this could be established as the last communication from myself then I would be able to claim 'statute barred' status. Is it worth sending a 'speculative' statute barred letter to Thesis requiring them to provide me with evidence?

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 the evidence - opinions please. cerberualert -any luck with the original agreements not being enforceable?

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 the Prescription and Limitation (Scotland) Act 1973 Part I, Section 6, “If (an appropriate debt) has subsisted for a continuous period of five years − a) without any relevant claim having been made in relation to the obligation, and b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished…” Unless you can provide evidence of payment or written contact from us in the relevant period under Part I, Section 6 of the Act, I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. We look forward to your reply. Yours faithfully YOUR NAME

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 (Scotland) Act 1973 (c. 52) Prescription and Limitation (Scotland) Act 1984 Prescription and Limitation (Scotland) Act 1984 (c. 45) IHTM28384 - Law relating to debts: statute-barred debts Law relating to debts: statute-barred debts Is the 'Statute Barred' template compatible with the Scottish legal system? Why haven't Thesis replied directly to my original statute barred letter?

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 have a letter of settlement from them. I need details of this CCJ off my credit report as my wife and I are looking into getting a joint mortgage for a new house. I'm aware that I can send the letter of settlement of this debt to the Registry Trust to have the CCJ noted as 'satisfied' on my credit report. Which is fine but I want to completely remove the note of the CCJ remaining on the credit report. I believe that I have grounds for the CCJ to be 'set aside'. Does anyone have any experience of this under the Scottish system? Does the N244 Form work in the Scottish courts. If set aside will the CCJ completely disappear from my credit file? My main question is if I have satisfied the CCJ can I still get it 'set aside'? Even if it is noted as satisfied on the credit report? Any help with this situation would be great.

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

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 got from Thesis when they took over the management of the old loans in September 2008. As I previously stated, the letter makes it clear that Thesis are pursuing the loan repayment for my first two loans (1996 & 1997) and the SLC are controlling my 1998 loan. cerberusalert you previously mentioned "the chances of the old style loans being enforceable are slim". Please can you give me more detail on this statement. Can I avoid paying this debt with no consequences? If the loans are not enforceable, what action do I need to take to let Thesis know I do not want to pay them a penny. For your information, below is a link to copies of the 1996 and 1997 loan agreements from SLC. They are exactly the same as the copy gyos posted. I have not been able to find my agreement for the 1998 loan. Is anyone able to answer the question asked by Capricorn1601 previously: "Does the agreement in the earlier post contain all the prescribed terms etc? Is it water tight?" I sent the statute barred letter to Thesis by recorded delivery as detailed in a previous post. However, I have not received a direct response to my requests and questions. Specifically, it requests that they provide evidence of written contact or payment from me during the stated period. The subsequent communication I got from Thesis was a letter requesting the payment of the arrears and the next letter a week later was a Statement of Account from 1st Sept 09 - 31st Aug 2009. No proof or evidence from the specified period. Is this a delaying tactic or are they not meeting their obligations under the regulations? To establish the facts for myself I did contact the SLC to ask about my previous contact with them. To clarify the Statute of Limitations issue on my case - 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 - (if only I waited another 9 months). It doesn't sound like my situation counts under the 5year Scottish statute. If the SLC can provide this information to me, why don't Thesis have it to throw back at me? Do Thesis have or can they get access to this information? If there is a chance I can avoid paying Thesis a penny then I would be up for taking a chance at sorting out. However, in light of all the information on my situation, if the only course of action left to me is to pay it off then I should start doing so. I would like any opinions on my situation from the forum. I also have a CCJ issue that I will be posting about soon. Thanks again in advance for your help.