Student Loan - Old Style Help

[wavey_davey]

Hi, Apologies if this is covered elsewhere, I have looked but I can't find anythign specific to my case.

 

I have an old style loan (graduated in 96). Straight after Uni left home (on not too good terms) and moved to the Channel Islands leaving no forwarding address.

 

For the last 12 years, I've heard nothing about the loan and had completely forgotten about it! Until this Feb, when a letter came through from a Debt collection agency. I consulted this forum and sent the Agency the standard "Statute Barred" letter I found on here. No response other than a load of automated phone calls which I ignored.

 

Then around a month ago, I had a demand for payment from the SLC themselves. Again, I sent the Statute Barred Letter, again, no response. Until yesterday.

 

Now I have a letter advising of the "Pending Issue of a County Court Claim" demading full payment in 7 days or the account will be submitted to "Northampton County Court Bulk Centre" (I've never even been to Northampton - EVER) for a CCJ to be registered against me.

 

I have never knowingly deferred payment, I haven't contacted the SLC since leaving Uni.

 

Should I now send a CCA request and Subject Access Request (I have found examples on here) and a £11 cheque, or should I be replying down the Statue Barred route again? Or none of the above?

 

Any help much appreciated.

 

Thanks!

Edited November 27, 2008 by wavey_davey
typo

[wavey_davey]

I am about to send off the CCA / SAR request. Does anyone have any advice as to whether this is the right thing to do? Surely with no contact since 1996 this should be statute barred? Do I really need the CCA / SAR?

 

Thanks

Wavey

[veester]

I would not put in a CCA

I would write back stating it is statue barred - there is a template on the forum

[enamae]

Correct me if I'm wrong but I thought Student loans couldn't be statute barred.

 

write-off terms

[rory32]

Do you still live in the Channel Islands?

[wavey_davey]

I sent the CCA / SAR (stating debt NOT ackowledged) on Friday.

 

I had informed the SLC the debt is statue barred, but then they proceeded to send me a County Court Claim anyway. I figured putting the account in dispute was prudent considering the proposed court action.

 

And I do still live in the CI. Does this make a difference?

 

The loan was pre '98 and according to many sources on this forum and elsewhere, it can be statute barred.

 

Thanks

Wavey

[rory32]

And I do still live in the CI. Does this make a difference?

 

Potentially yes. It may be that the county court does not have jurusdiction and that any claim should be made through the Royal Court as it's a consumer debt. TBH I'm not sure who has jurisdiction. I'm also not sure about enforcing CCJ's in the Channel Isles as it's a seperate legal entity to England.

 

I would perhaps seak some legal advice regarding whether the county court claim is competent and if it is any difficulties they would have in enforcing a CCJ.

[enamae]

I did say to correct me if I was wrong. I've now found this. Hope it's helpful.(haven't read it through properly).

How and when you repay your Student Loan (courses starting before 1998 : Directgov - Education and learning

[wavey_davey]

Rory

 

If the Debt is statute barred, then would the jurisdiction of the court have any bearing anyway?

 

I've been through a lot of the threads on the Student loans and claiming back charges, improper documentation, but I can't seem to find much reference to successful statute barred cases.

 

Hopefully the CCA request won't count against the statute barred status?

[wavey_davey]

I did say to correct me if I was wrong. I've now found this. Hope it's helpful.(haven't read it through properly).

How and when you repay your Student Loan (courses starting before 1998 : Directgov - Education and learning

 

Sorry, didn't mean to be brusque!

 

As I said before, I had completly forgotten about the loan until Feb when the letter came. I hadn't heard of the Limitations Act until reading through the forums here and considering that they want FULL payment (which I cannot afford) and they (and their buddy boys - CSL-Credit Solutions Ltd) have not been vary pleasant or helpful, I figured it was in my best interests to explore the statute barred route. After all the SLC have the obligation to keep track of the loans they give out.... don't they?

[master woody]

Firstly i think they are pulling your chain....I’ve had 4 letters over the years “were taking you to court” and nothing ever happened....that’s not to say you shouldn’t be prepared.

 

Northampton is the bulk processing centre for England an Wales, All money Claims come from Northampton then get moved to your local Court at a later stage, they add this line to sound offical

 

Your loans are statue barred all pre 98 loans are simple contracts covered by CCA 1974. I’ve done a bit o research on the issue

 

This looks good and confirms Old style loan become statue barred!

 

I think your in the clear, I’d send them a letter saying, statue bared so F.R.O and PS I live channel islands so F R O again

 

 

Debt Factsheets - Liability for Debts and the Limitation Act

Edited December 1, 2008 by master woody
Spelling

[rory32]

The only problem that lies with the Limitation argument (and I would stress it is only a problem if it were to be raised) is that you moved to a different country and did not inform them.

 

Hopefully the CCA request won't count against the statute barred status?

No it in no way effects this.

[master woody]

The only problem that lies with the Limitation argument (and I would stress it is only a problem if it were to be raised) is that you moved to a different country and did not inform them.

 

 

 

i've told them i've moved but they have lost the letters i sent them they often lose stuff

 

I'm sure you must of wrote and ask them as to direction as to what to do when you moved? when i wrote the simply did'nt write back....

[wavey_davey]

Woody:

 

I checked the Factsheet link you sent. I seems pretty clear cut that the loan falls under the limitations act.

 

Rory:

 

I honestly cannot recall the situation of 12 years ago and if I informed them or not. When I moved to the Channel Islands, I had no idea of the local governmental structure or the bearing on UK / GB Status. At that time, I just thought it was an extension of the UK!!!

 

And as the years roll by, one tends to forget things!

 

So far I have sent the following correspondance

 

1 Statute Barred / Limitations Act letter to Credit Solutions Ltd in Feb (not registered post)

 

1 Statute Barred / Limitations Act letter to Student Loans Company in Oct (not registered post)

 

1 CCA / SAR request to Student Loans Company Last week (registered)

 

I've had no corresponsance to suggest they have received these. Would it be worth sending another statute barred letter by registered post to ensure they get this?

 

Up until the point that I sent the 2nd Statute Barred letter, I had numerous automated calls (up to 3 a day) from both CSL and SLC. Unfortunately, I haven't made any record these. Considering they are now threatening court action, is there a 'right time' to play the harrasment card? And is there any templates that would help with concocting one?

 

Also, Woody Meister, when do you know that it's all over? Do they confirm the statue barred status?

 

Thanks for all the help people!

Wavey

[rory32]

I've had no corresponsance to suggest they have received these.

Do you have a receipt of posting?

[wavey_davey]

Do you have a receipt of posting?

 

Only for the CCA / SAR request

[rory32]

Then I would resend the statute barred letter this time via recorded delivery.

[master woody]

somthing to watch out for:

 

is this for 1 loan ie 1996

 

or

for loans 1994,1995,1996

 

they often combine accounts, you can tell by the amount owed

 

 

roy

 

Will he have to send a letter for each contract?

 

wavey

 

when requesting your CCA did you request they send "agrement(s)"

 

the (S) is vital in MHO

[rory32]

Only one CCA request is required. Each years loan should be added to the loan amount and effectively create a new agreement.

[master woody]

are your sure roy?

 

I had a loan in 1995 one contract made for £900

then a new contract for 1996 for £1200, and so on. A new agreement each and every year making 5 contracts signed in total with 5 signiture and 5 sets terms and conditions ( the 1998 t&c's are a bit different from the 1995)

 

I know SLC do combine accounts and blances...

[rory32]

If they want to have them as seperate agreements I suppose they can but it's normal for agreements to be combined.

[rory32]

roy

You're missing an r woody.

[wavey_davey]

Will send the Statute Barred Letter again today, registered post.

 

They have only mentioned the single account in all their correspondance. From memory, I only took out the one (possibly 2). I was at Uni for 4 years and had a grant for the first 2 or 3 years and didn't take any loans out.

[master woody]

sorry Rory, as you can see from posts i'm not much on the old english lang

[rory32]

sorry Rory, as you can see from posts i'm not much on the old english lang

No problem woody