Thesis - and my student loan

[cerberusalert]

We usually advise people to send this one; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

[JohnnyD1]

I have just looked at the dates I posted when was out of contact with the SLC. It turns our that I counted one too many fingers. I have corrected the error on the previous post.

 

To clarify the Statute of Limitations issue on my case - According to the SLC (I have no document relating to this deferment) 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 later.

 

Looks like I can discount the statute barred route. Unless Thesis cannot provide me with the evidence - opinions please.

 

cerberualert -any luck with the original agreements not being enforceable?

[cerberusalert]

To clarify the Statute of Limitations issue on my case - According to the SLC (I have no document relating to this deferment) 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 later.

It doesn't matter about communicating with them as long as no payment or written acknowledgement of the debt was made for a period of five years.

 

I would send them the Statute Barred letter, the onus is on them to prove otherwise.

[JohnnyD1]

We usually advise people to send this one; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

Cheers cerberusalert.

 

Before going AWOL the last document I have from the SLC was a Annual Statement sent in Sept 2001. That month I moved flat and I didn't contact the SLC by phone until Jan 2007. The SLC say that I made a deferment in Sept 2002 but I have no documents from this inbetween period only the SLC's word for it.

 

I assume that the SLC wouldn't make a deferment in 2002 unless I was in contact with them and I sent them a deferment form. Would they have a copy of my deferment form on record?

 

The only previous recorded contact I had was the deferment from the previous year which was accepted on 5th June 2001. If this could be established as the last communication from myself then I would be able to claim 'statute barred' status.

 

Is it worth sending a 'speculative' statute barred letter to Thesis requiring them to provide me with evidence?

[cerberusalert]

Even if it had been deferred in 02 add five years for SB onto that & it brings it to 07/08 anyway.

 

Send the SB letter to Thesis, then the ball's in theire court & they will have to produce evidence to the contrary.

[JohnnyD1]

Copy of the new 'statute barred' letter I am going to send. Please can you check the highlighted sections editied for my specific details. Are they ok?

 

Thesis Servicing

PO Box 141

Caerfilly

CF83 9BX

 

10th October 2009

WITHOUT PREJUDICE

Dear Sir/Madam

 

Acc/Ref No xxxxxxxxx

 

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

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 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:"

 

 

The last deferment I have documentation for is a 'confirmation of deferment' for my loans on 5th June 2001 from the Student Loans Company. The next 'confirmation of deferment' was sent on 25th May 2007. This is a gap of 5 years and 11 months between communications.

I 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".

 

The period of time between acknowledgement of this alleged debt is over five years as stated above. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I 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.

 

I look forward to your reply.

 

Yours faithfully

[cerberusalert]

Remove

The last deferment I have documentation for is a 'confirmation of deferment' for my loans on 5th June 2001 from the Student Loans Company. The next 'confirmation of deferment' was sent on 25th May 2007. This is a gap of 5 years and 11 months between communications.

 

You don't have to prove anything, the onus is on them to produce evidence that a debt is not Statute Barred.

[JohnnyD1]

Copy of the new 'statute barred' letter I am going to send. Please can you check the highlighted sections editied for my specific details. Are they ok?

 

Thesis Servicing

PO Box 141

Caerfilly

CF83 9BX

 

10th October 2009

 

 

I sent the Scottish version of the 'statute barred' letter (in previous post) to Thesis on 9th October.

 

How long do Thesis have to respond to this letter?

 

If they do not respond in this time limit can I presume that they will not be seeking further to reclaim the money.

 

cerberualert - On your advice I amended the letter, as perviously mentioned in this post. I have been making payments to the loans (but not to Thesis) for the past couple of years. The period for the statute of limitations in my case was when I was AWOL and not a recent period to this date. I would have thought it useful to indicate this to Thesis. On your advice this is not indicated in the letter.

 

Therefore, my understanding of what the letter is asking Thesis to do is provide evidence that there has NOT been a period, longer than 5 years, when I did not acknowledge the debt (by letter, phone call or payment). Then, if they cannot provide this evidence under the statute of limitations, Thesis can no longer attempt to recover the money and the debt is eliminated.

 

Please advise me if my understanding is correct.

 

Thanks in advance.

[cerberusalert]

How long do Thesis have to respond to this letter?

There isn't a time limit, but until they can prove that the debt is enforceable they cannot pursue.

cerberualert - On your advice I amended the letter, as perviously mentioned in this post.

As long as there is a clear period of five years where no payment, deferrals or written admission made, it will be Statute Barred.

Therefore, my understanding of what the letter is asking Thesis to do is provide evidence that there has NOT been a period,

Yes, they will have to produce the full history of the a/c & that will show any periods of non payment.

[JohnnyD1]

There isn't a time limit, but until they can prove that the debt is enforceable they cannot pursue.

As long as there is a clear period of five years where no payment, deferrals or written admission made, it will be Statute Barred.

 

Yes, they will have to produce the full history of the a/c & that will show any periods of non payment.

 

Cheers. Fingers crossed!

[JohnnyD1]

Still no response from Thesis to my last letter. They did contact me by phone - after being instructed not to. I told the girl I am only communicating by mail and put down the phone.

 

If they had proof surely they would have replied by now. Would it be worth writing to them and asking for a repsonse to my previous letter?

[cerberusalert]

The balls firmly in their court now. In order for them to pursue they have to prove the loan is not Statute Barred so they are probably searching their archives, which will probably be a waste of time anyway because a lot of files were destroyed.

 

You don't have to pursue them.

[dx100uk]

this will wake yo up

 

what happened in the end?

 

this lot are just about to start up chasing again i hear

lots of people

 

dx