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tuition fee 2002/3 debt collection threat


bettyb
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Hi all, I received a letter this morning.....

 

"Outstanding Tuition Fee Balance £500

Dear Student despite sending you previous correspondance, your tuition fees for the academic year 2002/2003 still remain unpaid. Unfortunatly, if we do not hear form you withn the next 14 days, we will send your file to a debt collection agency for immediate recovery."

 

Hmmm this is the first letter I received from them, from what I can remember I had suffered financial hardship then & since that term hadn't been paid my student card, which was a type of swipe card stopped my access to any university building so I was effectively unable make use of any of the tutition.I had left soon after.

Where Do I stand with this? is this stature barred and why should I pay for what I was unable to make use of in the first place

 

Please help, I do not want to be harrassed by a debt company

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Hi, BettyB,

 

They can'tcan claim back this debt if it is over 6 years old - it's called 'statute barred.'

 

When was the last time you paid anything towards this debt, or when the fee was originally issued? If you can find this out then you will be able to tell if your debt is statute barred. If so, they are on a fishing trip, hoping that you will acknowledge the debt, pay something towards it, and give themselves another 6 years to harass you!

 

BAE :)

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thanks Blossomandebony,

I have never paid anything towards this debt, I was expecting them to chase me up on this years ago, but since they didn't I begrudge them doing so now especially as the uni made it impossible to access the lectures without the tuition fees being paid upfront.

With the school year 2002/3 I guess the 6 years would be term 2008/9?

from this comming oct ? or is it already stature barred ?

Just out of principle for threatening me with a debt collection agency I would like some idea what I could write to them.

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If the debt is statute barred, something like this:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO XXXXXXXXXXXX

 

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxxxxxx

 

You have contacted me regarding the account with the above reference number, in which you claim £xxxxx owed.

 

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.”

 

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 alleged debt was made over six 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 me 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 us 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 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.

 

I look forward to your reply.

 

Yours faithfully

 

 

XXXXXXXX

 

BAE :)

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