How is this for a letter? Any advice welcome...

Honours Trustee Limited,

Tower 42,

25 Old Broad Street,

London

EC2N 1HQ

Dear Sir/Madam

Student Loans

You have sent a representative from a company called Fieldcall to contact me regarding the student loan accounts with, which you claim are owed by me.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued” (or 5 years under Scots Law).

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 last payment of this alleged debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from myself in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I, at this point, would also like to exercise my right to request that any further correspondence be done in writing and that no representatives of you, or any agent working on your behalf, call at my home or business address and that failure to comply with this direction will be tantamount to trespassing.

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.

We look forward to your reply.

Yours faithfully

Having been on this great site for the 1st time today, but I have been on it since 11.56 and am now getting a bit cross eyed , I have been looking for a draft of a letter to send to a company to complain.

I wish to complain about the fact the data protection act has been broken, by the fact that a representative of Honmours Student Loans discussed my debt (ie who it was due to, and the amount) with my partner as I was not available when the representative called. I would also like to complain in the same letter that this representative called at 21.15 and I believe this is not considered fair practice and that hours for home visits should be between 6am and 9pm (info obtained from debt questions at payplan.com)

I have just phoned the information commisioners helpline and been advicse to write to the company first and if not satisfied complete their complaint form. But I have no idea what or how to write such a letter

Thank you

Hi,

I have had 2 esperiences of this company and the 2 couldn't be different. I was in arrears with an Abbey national overdraft due to splitting up with partner moving home tec etc. They were quite nasty on the phone and refused to accept payment, they sent a collector round who was actually really nice it was in Novemjber and he asked me how much I could afford I said £50 a month and he said "you are remembering its Christmastime? Maybe you would like to offer a little less" I pay £30 a month.

My othere xperience was a debt with NEXT referred to them which eventually ended in me having a CCJ, however I did arrange a payment plan direct with Debt managers ltd of £40 a month and 2 days after settling the payment I recieved a letter saying account closed settled (which I have kept) although it still shows on my credit file

Hope thats a bit useful to you.

Wish I'd found this site a couple of years ago!! Noone wants to or needs to hear my sob stories but sortened version in 200/2001 I spliut with long term partner and have spent since then trying to get all finances etc sorted (sorry slightly off topic) including Next.

I have checked my credit profile and Next does show up and I have now paid them off in full but that is not shown and on a similar topic a debt to BT (through Buchannan Wells) which has beenpaid in full shows up too

But ha#ving read through this NEXT seem to be "good at" scr**ing up!!!

Willl let you know how i get on when I find out how I go about it all!! away to search forums

You can send the bit about not coming to the door if you want, but they really shouldn't persue you for the debt if you ahve not made payment or admitted liability for the debt in the 6 years (5 in Scotland).

 

It is definitely 5 years as I faxed the deferrment form from my old work as I actually asked permission to use it!!! and I have always lived in Scotland. so should I ammend letter to say 5 years under Scottish law

WARNING ... this site may prove addictive x

it already has!!!

:)

Thanks again I have found letter on templates I just got a bit confused by the wording in some other posts about statute barreed being that a creditor has not been in touch for 6 years!

The last time I definitely remember was a defferment form when it was still SLC before HSL and think it was 1999/2000. I am in Scotland can I add a bit to the letter about not sending people to the door? As I really am not impressed with that especially as I had over the phone offered to pay them and they refused!!

Have been having a nosey around the site its GREAT!!

gee I have been stressing since last week when the guy visited!! And searching endlessly till I found this site today!!

Sorry to be a pain but do I send the letter to HSL or to fieldcall (bearing in mind I havn't actually spoken to fieldcall my boyfriend said I was out but that I did live there)

DO I now do anything about the CCA request. I am 99% positive it has been 7 years how could I find out for sure or would it not matter if I send statute barred letter and its wrong. Does it not matter that they have contacted me by letter durinng that time?(never been recorded delivery - or if it has its been to an old address and I have never recieved this)

Thank you again

Thanks Tiglet

I last spoke to Honours maybe around february this year, before that it had been around 4 or 5 years since I had heard from them. The first loan was taken out in 1993 and then the 3 following years. So in total I owe them 4 years loans. I have not contacted them in writing nor have I made any payments in the last 7 years (at least) I recieved a letter from them in February which Iwas when I called them and a very rude woman suggested I take out a bank loan to pay back HSL...yeah that would be a good idea NOT!!!

I was very annoyed that they discussed this with my partner and also that it was that late at night they called. I have since sat and prepared an income and expenditure sheet which I will happily send them.

So the best thing to do would be to send a CCA request to HSL (can I see a sample letter on the forums)

and

a letter revoking their right to come to my house? Do I send that to fieldcall or to HSL? (again is there a sample I can view?)

Thank you so much for your help and your reply

Arghhhhhh :(

Have just read this thread and am so

4 years ago I moved house and ended up owe Next £302.17, a company called Debt Managers Ltd sent 2 guys to mum and dads address to serve legal papers, I didnt live there either!! But I phoned the card they left, a week later I received papers to return to the court, I hunted arouind on the internet and I phoned Next and asked them to provide a signed copy of the agreement which they couldnt as there wasnt one.

Anyway long story short I then agreed with Debt managers to pay £40 pm but the ccj had been issued and I couldnt pay within the time limit so was told it would stay on my file for 6 years.

Can I do anythinmg about that now? HAve it removed? Or at least have a note added to it, no signed agreement.

Thanks

Just a quick note to say HI

so Hi

Found this site whilst looking about for info on student loans arrears and have posted a thread in the students section, but just wanted to say hello aswell.

Hi all (will do an introduction on welcome thread aswell!!)

Am looking for a bit of advice. I hope I have posted in the right area as I am no longer a student however this related to my student loans.

I am currently working for £14800 a year and have 4 student loans which have all be transferred to Honours. Over the years I have moved house and have tried unsuccesfully to defer payments due to low income, as I fell into arrears from them adding charges and me moving and not getting defferment forms.

Anyway I now allegedly have £3320 arrears which they want NOW!!! :o

A few months ago I offered to pay them £70 a month which they refused and said they would take court action. I could not and cannot afford anytmore, anyway last week a guy from a company called field call called at the house at 9.15pm and told my partner (I was in the Bath) that he was here to speak to me about my debt to Student Loans!

Whilst looking through this site I have concluded that a lot of my arrears has been charges (so can I send a subject to access form asking for details of all the charges? and then ask for them to be removed - or at least the unreasonable ones) also can I put something to them in writing offering payment per month and send a cheque with my 1st month and ask for a standing order form?

What is the best thing for me to do? I have a number to call for Fieldcall but when I do I get a BT answer machine saying welcome to BT 1571 (v professional ) I have had a look at fieldcalls website and got a bit scared its all about house and car repossessions

Any advice welcome....thank you