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Capquest Letter 7 days notice


julesroolz
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Hi,

 

I have outstanding student loans from the Student Loan Company from 1997 and 1999 and have just been contacted by a solicitors acting on behalf of CapQuest Debt Recovery Ltd. The letter states that if I do not contact them in 7 days a judgement could be entered against me by a court leading to either an Attachment of Earnings from my salary or a Warrant of Execution (Bailiffs) depending upon my circumstances. As I am not currently in work I assume this will mean a visit from the bailiffs.

 

Having reviewed what is available on this forum and on the Internet I think that the 1997 loan is covered by the Limitation Act and, as I have had no contact with the SLC or any of its agents in the last 6 years, the debt is now 'statute barred', that is, I don't have to pay it.

 

The 1999 loan is different as, it seems, the law change in 1998 to prevent student loans taken after September 1998 from falling within the Limitation Act. My understanding is that they did this by saying that loans of this type can be paid directly from your salary, not requiring a court order.

 

My question, which I am finally getting to, sorry, is that if this is the case and I do understand it all correctly, is there any point at all in responding to this letter. After all, if the post 1998 loans are not enforceable by the courts what would the point be? Plus I want to be absolutely sure that there are six years between contact between myself and the six year rule for the other debt so I don't want to contact them at all if possible, in case it is not quite six years (as I did defer for a couple of years which would count as contact).

 

I also have a 1998 loan outstanding, but they have not contacted me about this. I think I might have been paying this one off when I was working, but only for a few months. I suppose they will come back to me about this one too at some point.

 

Just to make it clear what my question is, because I'm afraid I've rambled on a bit, but wanted to make the situation clear: Is there any point in responding to this solicitors letter, or should I just let sleeping dogs lie and let them catch up with me through my wages when I start working again?

 

I probably need to claim back the charges they have almost certainly applied to my account but should I wait until I am working again to do this?

 

Thanks for any assistance with this.

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Jules

 

Replying and asking for more info is not the same as acknowledging the debt, so would not start the clock ticking again if it is Stat Barred.

 

Also, I'm not quite sure about this - but I thought that all loans were of the same typre depending on when you started as a student - so if you began pre Sept 1998 then all your loans will be old style - but please check this.

 

Letter N here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html might help.

 

Personally, I'd respond - otherwise they'll keep chasing.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Thanks for the advice Hippy-Chick. I'm not sure how I can find out if that is true (that all my loans are of the same type because I started the course in 1997), it would make quite a difference if it was.

 

I don't really mind them chasing me as I just throw the letters in the bin! I've been doing that since not deferring in 2003 (I had moved so didn't get the reminder, when I started receiving mail from them again it was the threatening type which I didn't take too kindly too!).

 

I'm quite happy to pay it off at a reasonable rate, but judging by the letters they are not going to be reasonable.

 

I feel quite political about the whole thing anyway, from my experience University is now little more than a gigantic money making machine. Unless you're doing a vocational course like law or medicine you're not likely to benefit that much financially, compared to if you hadn't gone. The Universities just suck you in to fill their courses, you don't get much in the way of education or support, it's practically self-taught, and then you're saddled with a big debt at the end of it, that they will chase you for to the end of your days. Ha ha ha, I'm really on my soap box now!

 

It's a system that penalizes the poor who are trying to better themselves because they are the ones who can least afford what happens afterwards. They don't have mummy and daddy to bail them out. I read the other day that most of the top university places are still going to kids from independent schools! Ha! Well it's not really surprising is it?????

 

Ok, ok, I will stop now! But I really do feel like telling them to take a running jump!!! Tony Blair got a grant for his university education, talk about pulling the ladder up after you have climbed it to deny the next guy access! And (there is more) allowing 'greater access' to university has done nothing more than dumb the whole thing down, so it no longer has any value. Pointless!!! It's just a bums on seats exercise. The whole thing is just about making money. I don't buy into it.

 

Sorry, got a bit carried away there......

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I thought that all loans were of the same typre depending on when you started as a student - so if you began pre Sept 1998 then all your loans will be old style

Correct. If the first loan was covered by the Act e.g. pre 1998 then the subsequent loans are also covered by the Act.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory - I thought so.

 

LOL jules - I daren't tell you what I do for a living then ...

 

Just to be clear - when did you last acknowledge this debt - as I note you say 2003 above. And I assume you're in England?

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Lol Jules, I got offered a place at oxford (and me a poor wee lassie from a glasgow council estate) but told them where to shove it because when I went down to their open day thing for people with places it was horrifically boring! No way was I going there give me a uni near the pub any day of the week.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Jen!

 

That's an amazing achievement, to be offered a place at Oxford. You must be very bright. I hope you don't end up on a dumbed-down course, make sure wherever you go has decent entry requirements (there were people on my degree course who only had 1 grade d GCSE and it was painful!). That's why I'm so cynical about the system (they'll take anyone as long as they're paying!).

 

Make sure you get yourself on a challenging course, you'll only turn out like me otherwise!!!!

 

Thanks Rory and Hippy Chick for your advice it helps a lot.

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jules

 

Just so we can be sure we give you the right advice - can you tell us when you last acknowledged this debt in writing? And whether you live in England or Scotland.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Julesroolz - I have to agree with you entirely on the subject of university nowadays. I honestly wish I'd never gone - I firmly believe that if I had delayed going, and returned as a mature student (at, say, around 40) I would have had a lot more out of it than I have had now... Now I just want to finish the damned thing and get the hells into life...

Oxford was a beautiful area - I stayed at Magdalene when I went up for my interview, and it was an incredible town for its history and atmosphere - but you're probably right about the nightlife, Jen, it would have been dull for a partyer like you, m'dear ;)

-----

Click the scales if I've been useful! :)

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I was 28 when I did my first degree. I'd worked for 10 years, decided what I wanted to do, and I was focussed

 

Now I tutor at Uni I see a lot of students. For some, Uni straight from school is the right decison, but I think that too many drift into it as the next thing to do without thinking through the implications. I nearly did - it was only serious illness that made me sit back and think about what I wanted to do. I'm glad I waited - it was right for me.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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I drifted, now in 3rd year doing toxicology, I didn't really have a choice because in the scientific industry they expect at least an honours degree before they'll even think about training you up.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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I live in England and think the debt was acknowledged last in 2002.

 

Ok - in that case it may not be statute barred. In England, there must have been no written acknowledgement of the debt for 6 years.

 

So - it's up to you. You could still try the statute barred route - as it is up to a creditor or DCA to prove the facts of the case. Not that I'm advocating debt avoidance - just putting the onus on those who collect to have the relevant paperwork.

 

If you don't want to go that route, you can CCA them to enure they have the relevant paperwork necessary to collect the debt. This costs £1 and the letter is in that link I sent you.

 

Final option is to SAR (Subject Access Request) them. This costs £10 - but does mean that they have to provide full records of every transaction and charge - so, worst case scenario, we can help you fight any unfair charges they have applied.

 

Let us know what you decide, and sorry for hijacking your thread earlier.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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