Please help, advice needed on "PACE FORWARD" and STUDENT LOANS

[cazzy1975]

Hello

 

I'm new to this site so I hope I have posted this in the right place.

 

Today I recieved what I'm guessing is a "fishing" letter from PACE FORWARD. Addressed to my current address, but in my maiden name (which I haven't used since 2002). It seems to be a typical letter requesting a call to discuss a "personal matter" although the company seem unsure as to whether I live here or not. I discovered this site whilst trying to find out what company pace forward are, and have read several bits of advice from the site where users are referring to some debts as being statute barred. I'm not sure whether that will be relevant in my case or not. I have wracked my brain trying to work out what debts I have in my maiden name (I am already slowly paying back debts in my married name after splitting from my husband), I have concluded that it must be a debt to the Student loans company.

 

I took out student loans from 1993-1997 and consistently deferred them until 2002, at that point I was moving around the country a lot and basically screwed everything up. Whilst never earning enough to be required to pay back my loan I got nervous after failing to defer and then avoided dealing with the issue altogether. About 3 years ago I tried to attend to all the debts that I was left with when I split with my husband using a local advice service. Most of the debt companies agreed low repayments as I am on benefits. I asked the student loans co to deal with the advice company directly and never provided my address, but they never responded.

 

So, now I am wondering where I stand on this debt, did I effectively ruin any chances of it being statute barred (even though the debt is very old) because of trying to sort it out a few years back? What advice does anyone have in how to deal with the letter from pace forward?

 

Hoping Someone can help!

Caz

[PGH7447]

Hi and welcome

 

send them this template amended to suit

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

[kurvaface]

Pre 98 Student loans -

 

Six years No Acknowledgement + No Payment from you = Statute Barred. Nothing can change that:)

 

Ignore the letter.

 

Beware of dealing with the student loans company and it's agents. They will pull every stunt to try to trick you into paying them money. Do not listen to anything they have to say because they do not have your interests at heart at all.

 

I would advise you to ring the National Debtline... they will tell you exactly what you need to do to get these monkeys off your back.

 

If you do write to them do not use your real signature.... they will lift it and try to make it look like you contacted them in the limitation period.

[cazzy1975]

Thanks PGH7447, I think your letter will become more useful later down the line assuming the continue to chase me, as currently they have not referred to any debt at all, just requested I contact them about a "personal matter". They are obviously trying to catch me out though, because they say if I'm not the person they are looking for to contact them anyway so I can be ruled out of their enquiries.

 

Thanks kurvaface, what I'm worried about is that I might count as having "acknowledged" the debt when trying to sort this out a few years back. I can understand now if I had just ignored the debt at the time I wouldn't have this problem at all, but I thought I was doing the right thing trying to deal with the issue...my mistake lol!

 

Caz

[cerberusalert]

Thanks kurvaface, what I'm worried about is that I might count as having "acknowledged" the debt when trying to sort this out a few years back.

As long as there is a full clear six years where no payment or written acknowledgement of the debt was made then it will be Statute Barred & nothing can make it 'un-barred'.

[PGH7447]

Thanks PGH7447, I think your letter will become more useful later down the line assuming the continue to chase me, as currently they have not referred to any debt at all, just requested I contact them about a "personal matter". They are obviously trying to catch me out though, because they say if I'm not the person they are looking for to contact them anyway so I can be ruled out of their enquiries. in that case report them for assuming you are who they want, they know this is against the OFT guidleines

 

Thanks kurvaface, what I'm worried about is that I might count as having "acknowledged" the debt when trying to sort this out a few years back. I can understand now if I had just ignored the debt at the time I wouldn't have this problem at all, but I thought I was doing the right thing trying to deal with the issue...my mistake lol!

 

 

 

Caz

 

PGH7447

[kurvaface]

A SAR might be the route to go down then

[PGH7447]

A SAR might be the route to go down then

 

not at this stage

[cazzy1975]

Thanks Cerberusalert, I'm not really clear what counts as acknowledgement. In 2002 I was in contact with student Loans co (SLC), and then in 2006 I sent a form letter provided by the advice centre to the SLC asking to sort out the debt, where with the other debt letters I sent out I provided my address in the case of SLC I asked them to correspond with the advice centre. I don't know exactly how PACE FORWARD got my address but the advice centre could have provided it to them. Surely my correspondence, even though through form letter, counts as some form of acknowledgement?

Caz

[cazzy1975]

What is a subject access request?

Caz

[smouk]

Float mouse over your own post!

[cerberusalert]

By the sound of things there has been a 9 year gap anyway between 1997 & 2006 unless you made a written acknowledgement in 2002. Either way their is nothing to stop you sending the Statute Barred letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred the onus is on them to prove otherwise, besides even if you did write there is every likelihood the won't be able to retrieve the document anyway.

[cazzy1975]

Thanks again Cerberusalert...thats much clearer! I only spoke on the phone to them in 2002, assuming then the advice centre form letter in 2006 doesnt count as acknowledgment and if it does they're unlikely to find it hahaha! So my plan of action is wait until I get chased with a letter refering to the actual debt rather than the vague one I got today. At that point then I shall send the statute barred letter and hope for the best.

Thankyou all so much for the advice I shan't be lying awake at night worrying now!

Caz

[kurvaface]

Hi Cerberusalert.

 

What if the debt being chased is not from Student Loans?

[cerberusalert]

The Limitations Act Limitation Act 1980 (c. 58) covers most debts, but Mortgages the limitation period is 12 years.

[kurvaface]

I mean what if this company are chasing another debt that may not be statute barred.... are you saying send the statute barred letter anyway?

[kurvaface]

Hi Caz

 

What info do you have on Pace forward?

 

Is there an address, company number, phone number, vat number etc on the letter they sent?

[cerberusalert]

I mean what if this company are chasing another debt that may not be statute barred.... are you saying send the statute barred letter anyway?

No, I'm suggesting it in this case because it's such a big time-frame between contact.

[kurvaface]

Deferring your loans until 2002 means acknowledgeing them until 2002. The clock starts from then.

[kurvaface]

Cerberusalert, what I mean is caz doesn't yet know if this is about student loans or not. It may be about another debt from last week or last year, they haven't said, so sending a statute barred letter could be the wrong thing to do.

[cerberusalert]

Deferring your loans until 2002 means acknowledgeing them until 2002. The clock starts from then.

Even so they still will have to prove it's not Statute Barred in this case.

 

If in the unlikely event they do manage to do that it is still not the end of the story. They will still have to provide an enforceable CCA & many from that period are either unenforceable or simply don't exist any longer.

[kurvaface]

Is it an old debt?

[cerberusalert]

Cerberusalert, what I mean is caz doesn't yet know if this is about student loans or not. It may be about another debt from last week or last year, they haven't said, so sending a statute barred letter could be the wrong thing to do.

The evidence points towards the student loan because the letter was addressed to her maiden name which she hasn't used since 2002.

[kurvaface]

Fair enough

 

 

Caz... please post info you have about this company:)