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Do SLC sell debts to Credit collection agencies?


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Hi there

 

Did you state "I do not acknowledge any debt to your company" on the letter?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Does stating that the debt is statued barred before it is mean that I have acknowledged the debt?

 

I wouldn't think so. Making a payment or phoning up to request a balance or a statement/deferrment form would be acknowledging a debt.

 

How much would the SLC take or expect if I was to start paying?

 

How long's a piece of string? I'm not sure anyone here could answer that, I would assume it would depend on the amount of your loan(s) and whether you're wanting to pay a reduced rate or whether you're wanting to pay it within the terms of your agreement.

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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I have posted these questions previously but have yet to receive a comprehensive answer and would be grateful if someone could help me here.

 

I recently received a letter from the SLC advising me that my debt is not statued barred as I applied for a deferment in July 2003. I know that under Scottish Law a debt is statued barred after 5 Years.

 

As I entered into dialog with various DCA's and the SLC from Feb 08 regarding this debt does this mean that the clock starts ticking again?

 

In the correspondence I sent I always stated that I did not acknowledge this debt and would require proof that the debt was not statued barred before entering into any further dialog.

 

Does stating that the debt is statued barred before it is mean that I have acknowledged the debt?

 

I today received a letter from another DCA demanding payment what is the best course of action here?

 

Please help!!!!

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You have been advised several times that hte loan you have was pre the above as you stated it was taken out in 1998 so it is NOT statue barred.

 

The blue wiriting is for the new style loans.

 

Unfortunatly they can persue you for payment

 

ida x

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Thanks for your response Ida, but I do find your answers to my questions somewhat confusing. In answer to my question regarding the statued barred argument you wrote:

 

"I thought that the the loans after 1998 weren't covered by the CCA

 

 

ida x

 

 

A student loan is a debt under statute, this means that the Limitations Act (LA)1980 does apply. The limitations period on this debt is 6 years and not 12 years. However, as this is a new style student loan, HMRC can deduct repayments directly from your PAYE even if the debt is statute barred, which only allows you to defend the matter if it is taken through the courts.

 

It will be up to you whether you want to contact SLC or wait for them to contact you. If they did find you, they could start to recover the debt through your PAYE. If they were unable to find you, there is a possibility that they may treat this as a bad debt and sell it onto a debt collection agency (DCA). If this was to happen, the DCA would then try to recover the debt from you. If 6 years have passed with no written acknowledgment and no part payment you can then use the statute barred argument. If the DCA were to start court action, this can be used as a defence, however we would recommend that you get legal advice and take into account the additional costs that may be involved if your defence is unsuccessful.

 

 

If in Scotland it is 5 and 20 years"

 

I understand that the SLC can still pursue me through PAYE etc, but what I would like to know is, if they can still pursue me through the courts as 5 years may have passed since I acknowledged the Debt?

 

I also asked if I entered into dialog with the SLC in Feb 08 and they claim that I deferred in July 03, does entering into dialog with them mean that I have acknowledged the debt within the 5 year period?

 

I do appreciate your input here, and appoligise if i am begining to irritate you through my ignorance in these matters.

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Ok got my self confused as well(should really re read posts before replying)

 

simple terms

 

from september 1998: they can take money thru paye and do not need to go to court to so so after 6 (5 for us) years

 

before this if you had an old style 'mortgage loan' the limitations act can be applied

 

i can't answer your question about deferment

 

 

Ida x

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