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  1. Hi all, For those that haven't been following this, I'll briefly try to explain situation: I have pre 1998 student loans. I deferred for a year or two but then got ill (mental health) and even though I wasn't earning enough/anything at all I stopped deferring these loans. For a while I got letters, but due to my illness I ignored them and even stopped opening post for a while. I haven't heard anything about this for years and years. I have never earned over the threshold to pay back Student Loans. I am recovering but am not totally better and this whole thing is really not helping. After hearing nothing for years I got a letter in July from Honours Student Loans saying they wanted the whole £5K. I didn't know this until very recently but apparently The SLC did get a CCJ on me way back in 2001. They've never tried to enforce this, I live at the same address as when I got the CCJ (moved back home for 10 months in 2008, but they have that address too - Honours started ringing my parents after they sent the letter to me here). I decided to send Statute Barred letter to Honours, figured they might have trouble proving there was a CCJ as it's so old. I also searched register of judgements, orders and fines and my credit file - there is no CCJ on there. As the CCJ is over 6 years old, I thought that if they came back and said there is a CCJ, I could then send back a letter detailing: Section 24 of the Limitations Act 1980.... (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due. I would say that as the CCJ is over 6 years old and there's no extenuating circumstances as to why it hasn't been enforced then they'd have to go back to court to get permission to enforce, and it's highly unlikely they'll succeed. I hadn't heard anything for a few weeks after I sent the SB letter, on Friday I got a letter from Drysdensfairfax Solicitors saying they're working for The Student Loans Company (not Honours Student Loans?!), that their client previously obtained a judgement against me, that I've got 7 days to pay (letters dated 8th August) and that I should send cheque made payable to Drysdensfairfax, otherwise "steps will be taken to enforce the judgement our client holds". Then I got a letter from Northampton County Court, where the original CCJ was obtained by The SLC in 2001. This was obtained by default - I didn't know anything about it. There are no details at all - just the case number (which is right), the name of the claimant (The Student Loans Company) and the fact that it's being transferred to Bradford County Court for enforcement. This is not my local court and I have never lived anywhere near Bradford. Having just checked the Drysden letter, they're located in Bradford so this must be why it's been transferred there, but that's no good to me, I can't get to Bradford - would need it at my local court, I can defend myself. I'm going to attach all correspondence so you can see it. There's 4 PDFs (couldn't work out how to make a multipage PDF). See bottom of post. I am confused as to why it is now suddenly The Student Loans Company chasing me again and not Honours Student Loans (I was under the impression from what it says on there website that they would have bought my student loan off the SLC). It doesn't seem right somehow. Does anyone have any ideas on this? Does it actually matter? I don't know what to do. They seem to be determined to take me back to court on this. There's no way I can pay full amount and would really struggle to pay instalments too unless they're incredibly small. Should I write back quoting Section 24 of The Limitations Act? In which case who should I write to? Drysden, Honours or the SLC, or all 3? Am seeing Citizens Advice on Thursday so am hoping they can help me, but would really appreciate comments and help here too. Thanks so much PFC xx 1-first_letter_from_Honours_02_07_12.pdf First letter received from Honours student loans 2-Statue-Barred-Letter-to-Honours-Student-Loans.pdf My statute barred letter to Honours Student Loans 3-solicitors_letter_08_08_12.pdf Response from Drysdenfairfax solicitors 4-transfer_of_court_proceedings_10_08_12.pdf Letter from Northampton court, advising of change of court
  2. I got a letter today from a Student Loans company demanding a little under £5,000. (This isn't the normal Student Loans Company but a company that buys Student Loans.) I have 3 pre 1998 Student Loans (old-style loans). After I left Uni I deferred for a year or two but then I got ill (mental health issues) and even though I wasn't earning anything/enough to pay back the loans I stopped deferring them. I got letters for a while which I ignored and after a while I even stopped opening letters that looked like bills/debt letters etc. After a while the letters stopped coming and I haven't heard anything about student loans for years and years. (Although not totally better I am recovering slowly and do now open my post!) As I haven't ever paid this debt and haven't acknowledged it for 6+ years I was going to use the Limitations Act to say they were Statute Barred. However I was searching a pile of old unopened post today to try and find more details about my student loans as the reference number on the letter is not a student loan number. I did eventually find some student loan paperwork and the 3 loan numbers I have are all different to the referance number on the letter, but the amount seems about right if you added them altogether and added some costs on. while doing this I came across a CCJ for my student loans that was decided in their favour by default as I didn't respond to the claim. This CCJ is dated 2001. I did not know I had this CCJ until today. The amount on the CCJ is about £500 less than what they are now asking for. They have not enforced this CCJ. I have never had bailiffs come round. I have only lived here and at my parents house since leaving Uni, so it's not like they couldn't find me. Now I'm not sure what to do. I can't use the statute barred route because of the CCJ. (Kind of wish I'd never found the CCJ letter - the CCJ does not appear on my credit report, so if I hadn't found the letter I wouldn't have known about it). However from reading forums online/calling helplines I have discovered that CCJ's that are over 6 years old cannot be enforced unless they go back to court again. The general consensus seems to be that courts rarely let them renew the CCJ as they should have enforced it sooner. Some forums advise asking for a copy of the original CCJ, then if they cannot provide this, they say you can the go down the Statute Barred/Limitations act route as when you do this the creditor has to prove that there's been a CCJ & been payment/acknowledgement, and as they can't do that the debt then cannot be enforced. If this is true please could someone talk me through how to do it? Doesn't asking for an original CCJ document prove that you know there was a CCJ destroying the whole statute barred argument? Or can I just request all documentation - would the CCJ be included in this? Other places advise that I should just write saying I do not acknowledge the debt and accept no liability for it and therefore won't be paying it, then wait and see what happens. Other advice was just wait till the bailiffs come, don't let them in (advisor said they have no right to come in), and then apply to court to vary the CCJ to an amount that I can afford. (They said I shouldn't do this yet, as I might end up paying money I don't have to. This is because when they apply to renew the CCJ they might be turned down). How can I tell if they have been back to court to get the CCJ renewed? Are they allowed to chase me now if they haven't already got the CCJ renewed? Would I be told if they were planning to go to court to renew the CCJ, in which case could I defend myself from it? Sorry it's such a long post, but I think that explains everything. Hope it all makes sense. I'm really confused and very stressed about this. Please can someone help me with this and advise what I should do and if possible point me in the direction of sample letters? Thank you very much
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