Thesis - and my student loan

[debt4get]

Payment becomes due unless he applies for deferment.

there are untold stories of students sending in their deferments only to be told 9 months later that it was never received and is now in the hands of the dca's

[angry cat]

Can of worms!

[JohnnyD1]

I have some more information on dates of contact and deferments that I have been able to establish. I have no way of recalling or confirming any telephone conversations that I may have had with any parties.

 

SLC1 - Loan held by Student Loan Company

THE1 - Loan now held by Thesis

 

All loans became due on the April following my graduation.

 

All Student Loans Due: 1st April 2000

1st Deferment: 5th June 2001

2nd Deferment: 26th Sept 2002

 

No further contact with the SLC until the following:

 

25th May 2007 - 3rd Deferment and my First Payment on SLC1 arrears and there have been subsequent payments since to SLC1 account.

 

At this time Credit Solutions had taken control of THE1 account.

 

First Payment on THE1 account to Credit Solutions on 28th April 2007 with subsequent payments made and 4 different DCAs have taken on my debt before Thesis bought it.

 

Please can you help me decide if either the debt due to the Student Loan Company or Thesis is covered by the Statute Barred limitations and therefore cannot legally chase me for payment.

 

Does the Limitation Act count period from Date of Last Deferment or the Loan Due Date? Here are the periods in question:

 

7 years & 1 month between loans becoming due and 1st payment to SLC1

4 years & 8 months between deferment in 2002 and 1st payment to SLC1

 

7 years & 1 month between loans becoming due and 1st payment to THE1

4 years & 7 months between deferment in 2002 and 1st payment to THE1

 

This forum rocks!

[angry cat]

Bump for the OP

[slyspy]

Deferment will count as acknowledgement of the debt, and will reset the clock every time you do so.

[cerberusalert]

First Payment on THE1 account to Credit Solutions on 28th April 2007 with subsequent payments made and 4 different DCAs have taken on my debt before Thesis bought it.

Is that date correct because it seems you've managed to pay Credit Solutions a month before;

25th May 2007 - 3rd Deferment and my First Payment on SLC1 arrears and there have been subsequent payments since to SLC1 account.

[JohnnyD1]

Is that date correct because it seems you've managed to pay Credit Solutions a month before;

 

Yes the dates are correct. As mentioned previously SLC is controlling one loan and had sold the oldest two to DCA.

[JohnnyD1]

Deferment will count as acknowledgement of the debt, and will reset the clock every time you do so.

 

Can I get a second opinion on this or confirmation? cerberusalert?

[angry cat]

Blimey...

 

So, Gordie Brown securitized and sold off the two the two early parts (as with many others) of one student loan but there is in fact, one student loan!

 

Back to securitization...

 

AC

[cerberusalert]

I'm afraid a deferment does reset the clock if it's done within the six years.

 

you could try sending the statute barred letter to Thesis & see what they throw up. They won't have the paperwork that was with the a/c when it came from the SLC & with luck because of the time period SLC might have destroyed/lost the data because it was of no further use to them.

[angry cat]

Quote by: debt4get:

 

there are untold stories of students sending in their deferments only to be told 9 months later that it was never received and is now in the hands of the dca's"

 

Looks like a SAR may be in order.

[gyos]

Can I get a second opinion on this or confirmation?

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

 

Student loans

 

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) six years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.

 

Old style student loans

 

Old style or 'mortgage' student loans are consumer credit agreements. Payments cannot automatically be deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitation Act can apply if you have not paid or acknowledged the debt for over six years.

 

WARNING

Asking for the loan to be deferred could count as acknowledging the debt and start time running again.

 

New style student loans

 

From September 1998 new style or 'income contingent' student loans include rules to say that repayments will be automatically deducted directly from your wages or through your tax return if you are self-employed. This means that the SLC are still allowed to take money from your wages for a loan over six years old as they do not have to go to court to do so.

[Disgruntled_Employee]

Just out of interest - why are you paying your student loan to a debt company in the first place....

 

The student loan has never been a credit agreement and thus they have no right to sell it on....

 

 

Gordon Brown sold a load of student loans off from the semi-government company that is SLC to a bunch of **** called Link Financial who are in this case using the name Thesis as a "trading style"

 

This is the government they can do as they please with student loans they make the rules don't forget

[Disgruntled_Employee]

Hi guys.

 

Thanks for getting back so quickly. Here is some more details on my situation.

 

The Student Loans date back to 1996, 1997, and 1998 when I was at university. Thesis have the loans for the first two years. The SLC still has the final loan and I am paying this off direct to them.

 

After university I did go off the radar for a bit and moved flat nearly once a year for about 5 years. I was self-employed and had my head buried in the sand with regards to my debt. Eventually I got round to facing up to my debt and got back in contact with the Student Loans Co a few years ago to sort it out. Part of the debt had been passed on to a DLC and I was paying off to them in installments.

 

MARKWHEETY - To be honest I want to find out if I can avoid paying off Thesis. Could use the money to feed and clothe my expected newborn baby.

 

"The student loan has never been a credit agreement and thus they have no right to sell it on...." please can you fill me in with more details on this.

 

I have sent off a CCA letter to Thesis. What do they need to enforce the repayment and if they do not have certain documents does this mean I can avoid repayment and tell them to go away? Can they legally enforce payment or could it lead to me getting a CCJ against me?

 

I will keep you updated on what I get back from Thesis.

 

I would still appreciate any other comments, advice or help from other members. Cheers for the help.

 

See my previous post about Gordon Brown selling debts off to raise money it's perfectly fair and legal (by government standards of course as they make the rules!)

 

Do as I have done get all the agencies working on it see my thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/212677-thesis-gone-too-far.html

 

I have written to:

 

OFT (very important you do this is they have behaved poorly like asking relatives to pass messages on etc)

FOS

MP

Trading Standards (OFT passed my case on to them after handling it)

 

also if writing to your MP also write to:

 

Kate Hoey - Labour MP Vauxhall

 

Wayne David - Labour MP for Caerphilly

 

Thesis have offices in both of these MPs constituencies so they may show some interest Kate more so as she is anti-top up fees so might be more interested in student loans don't know about Wayne he looks like he tows the party line in all things whereas Kate seems to stand up for what she believes in according to they work for you.

 

I'm in the process of taking these pieces of work to the cleaners if you want any help just ask, have a read through my thread and you'll get an idea for writing to these people you might even feel a bit better after reading what they've done to us!!

 

Good luck

 

7th Sept is the day when we can start petitions on Number 10 website, i'll start one against student debt being sold off to unscrupulous DCAs LOL!!

[Disgruntled_Employee]

This is totally unbelievable and should be made more public.... I cant see how the SLC can have had the right to sell on your student loan (basically government money).

 

I would go down the route of SARS requesting the SLC and get all information they hold on you and then find out where the have the right to sell your agreement onto a commercial company. This is a government backed organisation selling your debt commercially.

 

At the end of the day the idea of the loan was when you reach a threshold to pay it back through your tax code (new loans or not) and regardless of if you went off the radar then you should be repaying this through your tax code / employer not to a seedy debt collection agency (ie deductions before you get your wage slip) this practise has got to be damn right immoral.....

 

Even it does turn out to be a credit agreement I bet it will not be enforceable.

 

Get more info and post it up here!

 

This has really got to me, will offer any support I can....

 

SLC were made to sell them on by our current PM to raise cash it's not SLCs fault they only do what government make them as they are a government agency

[JohnnyD1]

Thesis have been repeatedly calling my Dad and Gran who were nominated by me at the time of taking out the loans as people to contact if the SLC lost contact with me.

 

I have today sent off the template Statute Barred letter Special Delivery.

 

I have also called Thesis to tell them to stop contacting my folks and they are only to correspond with me by mail. I said to the guy to stop phoning my folks as it is against the law to harrass them. He said he is within the law as I originally nominated them. What appilcable law is in place to prevent them from hassing the folks?

[JohnnyD1]

Here is the Statute Barred Letter that I sent to Thesis today.

 

August 28th 2009

Thesis Servicing

PO Box 141

Caerphilly

CF83 9BX

 

Dear Sir/Madam

 

Ref No: XXXXXX

 

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

 

We 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.”

 

We 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”.

 

No payment was made from April 2000 until 28th April 2007. (change from original template text to match my circumstances) Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we 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”.

 

We 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.

Only written correspondence will be accepted. Please do not contact any of my relatives again as you have done or I will be reporting Thesis Servicing to the Office for Fair Trading.

 

We look forward to your reply.

 

 

[Disgruntled_Employee]

Consumer Credit Act complain to the OFT that they are harassing your family

 

Write to them under the Wireless Telegraphy Act stating all further communication must be in writing write it from you and everyone else they have been harassing and ALL sign it

 

DO NOT CALL THEM ANYMORE!! If you call them you are playing straight into their hands and they already admitted to us they do not record phone calls and even if they did you know they would lose the recording

 

Everything goes in writing and sent at the least by recorded delivery and send it to the offices not the crappy PO address they use

[angry cat]

Send your formal complaint about Link Financial, trading as Thesis Servicing to:

 

Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

[email protected]"

 

Only send letters to Link's registered address and by recorder delivery.

 

AC

[Capricorn1601]

Subbing.

 

Just out of interest. Does the agreement in the earlier post contain all the prescribed terms etc? Is it water tight?

Edited August 29, 2009 by Capricorn1601

[JohnnyD1]

Hi guys I'm back on the quest of sorting out my finances. Thanks for your previous help. I have been working on the advice given. My questions are in bold.

 

I am paying off my new style 1998 loan at £100/month to the SLC and due to complete repayments in October 2010. I am happy to do keep this going to get it cleared.

 

My remaining issue lies with Thesis and the outstanding amount due to them of approximately £3500. £1400 is currently deferred and the arrears thay want immediately is approx £2100.

 

Below is a copy of the introduction letter that I, and I assume everyone else got from Thesis when they took over the management of the old loans in September 2008.

 

 

As I previously stated, the letter makes it clear that Thesis are pursuing the loan repayment for my first two loans (1996 & 1997) and the SLC are controlling my 1998 loan.

 

cerberusalert you previously mentioned "the chances of the old style loans being enforceable are slim". Please can you give me more detail on this statement. Can I avoid paying this debt with no consequences? If the loans are not enforceable, what action do I need to take to let Thesis know I do not want to pay them a penny.

 

For your information, below is a link to copies of the 1996 and 1997 loan agreements from SLC. They are exactly the same as the copy gyos posted. I have not been able to find my agreement for the 1998 loan.

 

 

 

 

Is anyone able to answer the question asked by Capricorn1601 previously: "Does the agreement in the earlier post contain all the prescribed terms etc? Is it water tight?"

 

I sent the statute barred letter to Thesis by recorded delivery as detailed in a previous post. However, I have not received a direct response to my requests and questions. Specifically, it requests that they provide evidence of written contact or payment from me during the stated period.

 

The subsequent communication I got from Thesis was a letter requesting the payment of the arrears and the next letter a week later was a Statement of Account from 1st Sept 09 - 31st Aug 2009. No proof or evidence from the specified period. Is this a delaying tactic or are they not meeting their obligations under the regulations?

 

To establish the facts for myself I did contact the SLC to ask about my previous contact with them.

To clarify the Statute of Limitations issue on my case - the last deferment I made on the loans before I went AWOL was on 26th Sept 2002. The next communication I had with the SLC was when I called them in January 2007 - 4 years and 3 months - (if only I waited another 9 months). It doesn't sound like my situation counts under the 5year Scottish statute. If the SLC can provide this information to me, why don't Thesis have it to throw back at me? Do Thesis have or can they get access to this information?

 

If there is a chance I can avoid paying Thesis a penny then I would be up for taking a chance at sorting out. However, in light of all the information on my situation, if the only course of action left to me is to pay it off then I should start doing so. I would like any opinions on my situation from the forum.

I also have a CCJ issue that I will be posting about soon.

 

Thanks again in advance for your help.

Edited October 9, 2009 by JohnnyD1
Posting new images and my Statute of Limitations dates - thanks cerberusalert

[JohnnyD1]

Another point - I live in Scotland. It could be important because I read this post: http://www.consumeractiongroup.co.uk/forum/scotland/223504-new-cca-court-claim.html

 

I have also just posted my CCJ problem: http://www.consumeractiongroup.co.uk/forum/legal-issues/224844-help-set-aside-ccj.html#post2489052

Edited October 9, 2009 by JohnnyD1

[cerberusalert]

In Scotland the Statute Barred status comes in after 5 years.

 

The links you gave don't work, can you upload to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy & paste the URL back here.

[JohnnyD1]

In Scotland the Statute Barred status comes in after 5 years.

 

If the Scottish system statute of limitations is 5 years then it would appear that all three loans are subject to the statute as there was a recorded 5yr 3mth gap (according to the SLC) and therefore neither the Student Loan Company or Thesis have a legal right to chase me for any more money as the three loans are automatically 'statute barred'. Please can I get clarification of this statement.

 

Is there any relavent Scottish Law or information you can provide links to? Here is what I have found:

 

Prescription and Limitation (Scotland) Act 1973 (c. 52)

Prescription and Limitation (Scotland) Act 1973 (c. 52)

 

Prescription and Limitation (Scotland) Act 1984

Prescription and Limitation (Scotland) Act 1984 (c. 45)

 

IHTM28384 - Law relating to debts: statute-barred debts

 

Law relating to debts: statute-barred debts

 

Is the 'Statute Barred' template compatible with the Scottish legal system? Why haven't Thesis replied directly to my original statute barred letter?

Edited October 9, 2009 by JohnnyD1

[JohnnyD1]

Found this on another forum will it work in my case?

 

Link: statute of limitations - Penalty Charges Forum

 

Is this all I need to send to the SLC and Thesis to be free of my Student Loan debt?

 

Statute Barred Letter Template under Scottish Limitations

 

Your address

 

The Loan Company’s address

 

date

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Acc/Ref No ************

 

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

 

We would like to point out that under the Prescription and Limitation (Scotland) Act 1973 Part I, Section 6,

 

“If (an appropriate debt) has subsisted for a continuous period of five years −

 

a) without any relevant claim having been made in relation to the obligation, and

 

b) without the subsistence of the obligation having been relevantly acknowledged,

 

then as from the expiration of that period the obligation shall be extinguished…”

Unless you can provide evidence of payment or written contact from us in the relevant period under Part I, Section 6 of the Act, I suggest that you are no longer able to take any court action against us to recover the

alleged amount claimed.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

 

Yours faithfully

 

YOUR NAME