1990 student loan problem

[workaholicandy]

I posted this on the"have you received threatening demands..." thread and it was advised to start my own thread.

 

I've just started receiving letters from a debt collection agency regarding my student loan I took out in 1990 whilst at uni. To the best of my memory I defered paying this twice as I was not earning enough after I graduated, then started paying if off monthly ( around 1995 and it took me about 2 years to clear). However this was 14 years ago so I have no records to prove this! ( I have changed banks and moved address many multiple times including a year out of the country..). From reading this forum I presume it will be a case of the debt being statute barred and letter m should be sent to the vultures ( opps sorry debt collection agency). However I have received a new letter today from the student loans company themselves. It is a notice of default sums and they are charging me a trace agent charge? This is dated 12 june 2009. could someone advise me what to do with this? As I said I am almost positive I paid off my loan in 1995/96 but have absolutely no way of proving this.

 

hope someone can help

Andy

[clemma]

If you have made no payments towards this since 1995, and because it is an "old-style" student loan, then this is Statute Barred.

 

Send the letter off to them ASAP (send to both loan company and DCA - and send recorded delivery).

[cerberusalert]

It's well and truly Statute Barred, send the cretins this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[workaholicandy]

thanks clemma, I'm just doing the letter to the dca now, and will send to the student loans company as well. That deals with the supposed debt, but what about this new trace agent charge of £16.68 dated 12 june 2009? I know it's a tiny amount and I could pay it easily but it's the principle of paying them for something they never should have charged me! I really am sure I paid the debt off when I had to. Thinking about it last night as I was trying to sleep, I'm sure it was done via the company I was working for and there was a line underneath my tax and nic's line saying student loan.. Unfortunately I just checked all my old payslips and I haven't got any before 2000 so there again I have no proof I paid :o(

[cerberusalert]

Don't worry, you are not responsible for any fees or charges & you certainly do not need to prove you've paid either. Once you have sent that letter the onus is on them to prove otherwise.

[clemma]

As cerberusalert said It's entirely up to them to prove you owe anything. Once that SB letter has been sent they are not to contact you again, or harass you for payment. If they do, come back here, and someone will advise you of your next step (usually it is just to re-send the SB letter with a covering note).

[workaholicandy]

Ok letters sent :o) lets see what those lovely people at buchanan clark + wells say....

and is it just me or does it look totally unproffesional that they have their name variously capitalised and all in lower case through out their letter?

[clemma]

They are a DCA......the two words go together

[workaholicandy]

wow must be some kind of record here. got a letter from bcw yesterday saying account is closed and passed back to their clients! and after only ONE SB letter!! :o) now lets see how many other dca's this is passed on to before they give up ....

[IdaInFife]

the SLC tend to try it on once and then bin it

 

ida x

[workaholicandy]

the SLC tend to try it on once and then bin it

 

ida x

 

well they just sent me a lovely letter saying they will continue to seek payment and all the sb ( if correct) does is stop them from obtaining a court judgment against me. ummm how else are they going to try and make me pay a debt I have already paid? perhaps i ought to take them up on their oh so kind offer of calling them on a 070 number to arrange a voluntary repayment scheme.... ;o)

[kurvaface]

That's the last you'll hear from them except they may send you an arrears notice from time to time.

[dcakiller]

well they just sent me a lovely letter saying they will continue to seek payment and all the sb ( if correct) does is stop them from obtaining a court judgment against me. ummm how else are they going to try and make me pay a debt I have already paid? perhaps i ought to take them up on their oh so kind offer of calling them on a 070 number to arrange a voluntary repayment scheme.... ;o)

 

Send them this and report them to the oft and trading standards once you tell them it sb they MUST STOP ALL COLLECTION ACTIVITY .

 

 

(Address)

 

(Date)

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I wrote to your company on (XXXXX) explaining that I had no wish to pay towards a debt that was barred by the Statute Of Limitations Act 1980, this was signed for by your company on (XXXXX)

 

5. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

 

7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

OPTIONAL PARAGRAPHS IF A 'DOORSTEP' VISIT IS BEING THREATENED

 

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and Gareth Thomas - Undersecretary Of State For Trade And Consumer Affairs.

 

I hope this letter makes my position COMPLETELY clear

yours fathfuly

remember print name and do not sign