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troggie

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  1. I just checked out the Limitation Act 1980 (see below) and don't quite know where the student loans 'fit' (re points 2 a&b) - the SLC agreement makes it clear that you start repayments when you are earning over x amount - if you've never earned over that amount...does that mean that as there's no 'fixed' date to start repayments there can be a more open interpretation - to the benefit of SLC about when the loans would be eligible to class as statute barred? I'm a complete novice so excuse dumb questions! Limitation Act 1980 Special time limit for actions in respect of certain loans (1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies. (2)This section applies to any contract of loan which— (a)does not provide for repayment of the debt on or before a fixed or determinable date; and (b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter; except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt. (3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.
  2. My signed agreements (terrible copies but I can just about make out my signature - only 1 is signed by SLC) are on 20/01/95, 09/01/96 & 04/11/96 and the letter to my parents was dated 05/11/02 - so I didn't make contact with them until after they sent me a letter dated 18/11/02. Would all of these loans have been statute barred - if only I'd known about such things in past...although according to the green box that pops up it when I go over the expression 'statute barred' it seems that the debt cannot be revived after lapsing...have I been paying out unnecessarily? Any ideas? Thnx
  3. HI there just got a mountain of paper (SAR) and am trawling through it...no outrageous charges found as yet. I have realised that they got in touch with my parents who passed my address on to them in 2002. My loans were from '95 & '96...would that mean that they could have been statute barred??? can 'Statute barred' still be claimed even though I deferred after and have made payments - ie acknowledged the debt? Bye for now - and thanks for the help
  4. HI there I requested (via phone and email) a true copy of my agreement with SLC for my old style loans. I'm trying to find out if the scanned pages I've been sent by SLC are valid or in other words CCA compliant (where can I find out about the criteria?). My signature is legible but there are no other signatures on behalf of the SLC. The terms and conditions are blurred and it is in no way a decent or true copy. Does anyone have any ideas about the next steps? Che - how did it all work out in the end - I was looking forward to reading it!
  5. I've posted on another thread too but after reading through I have a question...I requested (via phone and email) a true copy of my loan agreement with SLC. They have sent me what are obviously scanned copies where I can make out my signature and little else. There is no other signature in the part marked 'for offical use' and so I'm not even sure if it's valid. Should I ask for a Subject Access Request by using a template and then take it from there? Or seeing as they haven't been able to provide me with an original copy signed by both parties should I try to get the debt terminated?
  6. Next stage... I just received a photocopy of the 'Credit agreement regulated by the consumer credit act 1974' signed by me but with no other signatures - I thought that the agreement needed to be signed by both parties in order for it to be valid. Any ideas? Many thanks
  7. Hi there it's a while since your post and I'm going through smthg similar now...how did it all work out? - Well, I hope!
  8. Hi (again) I have just spoken to someone at the SLC who told me that the 'Government deadline' mentioned before was for internal target purposes....and so therefore can be adjusted after I do the whole Income & Expenditure. One grey area clarified at least. I was also informed that the documentation I requested (proof of debt/ signed agreement) was in an envelope and will be on its way tomorrow. We'll see....what do I need to look for when it arrives? The idea I had gleaned from previous posts on here was that if it can't be provided, the debt is null and void - if they can provide it, then at least I can look for ways to defend myself under the Terms & Conditions.No? I am also going to make a Subject Access Request to make sure the arrears I'm paying are 100% valid. I'm not saying that I think I can wipe them away but over the years of charged letters that I haven't queried the pounds may have added up! All the best
  9. Many thanks for that reply and support, I too found it hard to believe that there has been a deadline set so will ask for more information. What I was very concerned about was the refusal to continue my repayments as they were and the threat of not accepting them, I was also interested in the subject access report that would show any 'excess' or 'unreasonable' charges that I am currently paying off. I am going to try to maintain my correspondence via email for now as it seems like the best way to have a written record of the situation. Thanks again
  10. HI there new here and have just posted a new thread about SLC and the fact that I have just been told that arrears have to now be settled before my deferment date in Oct - the woman I spoke to said it was an order from the government...any ideas? Thnx Troggie
  11. Hello all, First post and I'm a little overwhelmed by the volume of info so thought I'd just ask..... I received a letter (Notice of Sums in Arrears) today from SLC... I have been making arrangements to pay back the arrears I accrued every three months or so as they weren't willing to set a permanent agreement as the amount I have been paying is tiny (and all I can afford) - even though my loan has been deferred as I'm not earning enough to pay the loans back. They have emailed me a income and expenditure form and whilst on the phone I made a verbal request for the original agreement as I don't have a copy any more. Should I send a written request? The point is, the woman I spoke to said that the government has set a deadline to pay the amount outstanding back before the next deferral date!!!! This is not possible and while she was very sympathetic to that has told me that the amount I've been paying won't be accepted. What can I do about that? It seems to me that even if I complete the form and prove that I can't pay much more, they're not going to be happy...I've been trying to keep on top of this for years but I'm beginning to feel really down about having this hanging over me all the time, start dreading the post coming etc...I live in Spain so feel that this forum is a real help. Can anyone tell me if the statement about this 'deadline' from the government is true/legal?:? Many thanks in advance Troggie
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