Honours Student Loans and Fieldcall

[lferr2002]

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

[tiglet]

Ok.

 

Several things you can do here to give yourself a little breathing space.

 

1. Send HSL a CCA request with the appropriate fee.

 

2. Send the the letter revoking their right to come to your house. advise you will only communicate in writing.

 

Give some more details - how old are the debts? Have you acknowledged them in anyway by making payments or in writing during the last 6 years?

 

Don't worry at the moment - just keep calm and follow the steps to get it sorted out.

[lferr2002]

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

[tiglet]

Well, this one's quite easy, actually.

 

You got the information commissioners website and make a complaint about the blatant breach of the DPA.

 

Of course they want the money now - it looks like the debt is statute barred. You send HSL a statute barred letter for each loan by recorded delivery (you can find it on the templates). If you have not made a payment in over 6 years, nor have you acknowledged the debt in writing during that time, then the debt is statute barred.

 

If they come back, post again and I'll advise depending on what the contents of the letter says.

[lferr2002]

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

[tiglet]

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

 

That's how everyone feels when they first join - have a look around the site - there's loads of different forums and who knows? You amy be able to help someone else along the way.

 

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)

 

You're not a pain, just wanting to get it right first time. HSL as they are the ones persuing you for the debt and this guy is simply their agent.

 

DO I now do anything about the CCA request.

 

Not at this point in time

 

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)

 

It does not matter whether they have contacted you or not, it's whether you have contacted them in writing or made a payment. Once they receive the statute barred letter, if they believe it to be wrong, they will soon get back in touch with you. That's when you then ask them for proof, but we'll deal with that eventuality if and when it happens.

 

Thank you again

 

My pleasure

[lferr2002]

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!!

[tiglet]

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).

 

WARNING ... this site may prove addictive x

[lferr2002]

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!!!

 

:)

[tiglet]

Tee Hee - yes, do amend.

[lferr2002]

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

[tiglet]

Spot on - don't forget to send it recorded or special delivery so that you have proof that they received it.

[tiglet]

Did you get that letter sent off?

[lferr2002]

Hi

 

Yeah sent 2 letters seperately both recorded delivery 1 about statute barred (wait and see what their reply is knowing my luck I will miss out by a day or something silly!!!) and a 2nd saying do not call at my house or phone.!!

 

So awaiting their replies

[Thepower]

also send the CCA letter an d 1 quid fee

[Hippy-chick]

Hi all

 

Just a small point. Under Scots Law, the situation is actually this:

 

It's the Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6

 

Which states that:

 

"If, after an appropriate date, an obligation (an appropriate debt) has subsided 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 ..."

 

So, as long as it has been more than 5 years since YOU acknowleged the debt, then it no longer exists.

 

I love Scots Law - so much better than the English equivalent!

[Bookworm]

Oh dear, oh tut tut tut...

 

People, please be aware of user Rydow.

 

He contacted OP with some story about having more info about Fieldcall. She contacted me, and guess what comes up on digging? (Yes, Mr D., we're pretty good at making enquiries too!)

 

RJD Enquiry Company - Professional Investigators, Tracing & Enquiry Agents

 

Now why do you think he would want OP to contact him? Hmmm?

 

If you had any doubts as to why we advise people to write on their threads and not by PM, this should say it all.

[tiglet]

The naughty boy!

 

Good job OP had sense enough to send PM rather than responding.

[clydebuilt]

Hi there,

 

I'm having to go down the road of SAR & CCA requests and I was just wondering if anyone could tell me who I should address them to.

 

My loans are handled by Honours.

 

Should I address them to Honours in Rotherham (Selectapost), or to Honours Trustee Limited (Broad street, London)

 

Oh and while I'm here, I have found a very good way of communicating with these people is to phone them and (if your phone can do it) put them on speaker phone and record all the conversations.

You have to tell them up front that you are recording.

This means that you can hold them accountable for all the lies that they tell you on the phone.

 

They don't like that at all !!!

[lferr2002]

The address I used was Honours Trustee Ltd

25 Old Broad Street London EC2N 1HQ

 

Though don't hold your breath I have still heard nothing. Will soon be sending yet another recorded delivery letter!!

 

Like the idea about the taping of the call....is that legal as long as you tell them "this call will be recorded for monitoring customer service!!!!!!!!!!!!!!! "

[nooneshotjr]

i have a question. i had a couple of loans from the SLC (97/98) which became honours student loans when i was out of the country (1998-2005). i am back in the country now and at uni again and honours found me a year or so ago. then pennine started threatening me and told me that i had to repay b/c it was a mortgage style loan and therefore the statute barred thing didn't apply. is that not true?

[tiglet]

If you took out your loan in 1997, then it falls under the old style rules and so yes, it is statute barred.

 

Send the statute barred letter off to Penine.

[nooneshotjr]

tiglet to the rescue!

 

but i've actually started repaying it at £5. does this change things?

[tiglet]

No, once a debt is staute-barred making a payment does not start the ball rolling again - it remains statute barred, which means that while the debt does still exist, it is not enforceable by the courts. Once you have stated that the debt is statute barred, if they continue to press for payment, they are in breach of OFT guidelines on debt collection.

[nooneshotjr]

ha! you know, i wish i had found this site a year ago...

 

so, only the 1997 loan is statute barred? the 1998 portion is repayable?

 

thanks so much for the advice.