Student loan-chased after 18 years

[redtogreen]

Please help- I have received a letter form Credit Solutions Ltd. regarding my student loan taken out in 1990 and 1991.

This loan has not been acknowledged in any way since 1992-nothing paid, deferred or responded to in that time.

 

I have sent the template letter through to them by registered post as per all your helpful suggestions-thank you.

 

Yesterday I received a card, 'confirming that I will be calling to discuss the recent communication from CSL

on ......Wednesday......Between: 9.00am-9.00pm (date not filled in-which Wednesday, out of interest?!)

If this is inconvenient please contact us using the telephone number and reference printed on the adddress side of this card.

Regards,

J. White

 

Power 2 Contact Ltd. Purley' (full address supplied)

 

It was my intention to send them the template letter regarding doorstep visits today, but then I received two letters this morning, and to be quite honest I am starting to panic.

 

 

 

Letter 1:

'Their ref

I write in reference to your recent letter dated 11th Nov which has been passed to me for response.

I have noted the information contained in the letter and I am currently in the process of raising your dispute with our client.

In the meantime the account has been placed on hold with us and a response will be sent to you within 21 days. I am grateful for your patience while we await our client's response.

Your sincerely, (Complaints Officer)'

 

Letter 2: (opened in the order indicated above)

'Their ref

Our records indicate that you have been legally notified of the above claim and have failed to pay. We hereby inform you that we have commenced the preparation of papers necessary for LEGAL ACTION to commence.

 

You now have 72 hours to pay all outstanding arrears in full or make satisfactory proposals. Failure to do so will result in papers being forwarded to our client recommending that immediate county court action is insigated without further notice to you.

Legal proceedings may result in etc. etc.

 

To avoid this action you must contact one of our advisors immediately on the above telephone number. If you are experiencing financial difficulties you may be able to defer your loan repayments. Please contact one of our advisors on ---------- to discuss this opportunity.

 

Pre-Legal Department'

 

 

Help! What do I do now?

[Bazooka Boo]

Which Letter template did you send them??

[andie_303]

They are preparing nothing because they know it is a waste of time - don't panic

[redtogreen]

Which Letter template did you send them??

The Statute of Limitations one, as per advice on here and also from the National Debtline.

[dcakiller]

statute barred if you have sent the statue barred letter then compain to oft,trading standards and send them the letter below, also if anyone should turn up (highly unlikley) just thell them to get lost and call the cops if they do not depart.

 

 

Possible letter used when you have stated that you will not be making any payment towards a debt that is statute barred and the debt collection agency are still attempting to collect.

 

(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 faithfully

 

 

I would also advise having the letter below printed out to hand to any caller. just pass it through the door and walk away so they can not try to talk to you

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

[Bazooka Boo]

In that case then, you should send copies of their harassment letters to;

 

The Office of Fair Trading: Contact us

 

Consumer Direct

 

Trading Standards Institute - Home page

 

Financial Ombudsman Service

 

And ensure you keep the originals, and envelopes if possible.

 

File them under 'Ignore' There is absolutely nothing they can legally do, but keep an eye on your Credit file, if that is of any interest to you, make sure they don't mark it with any adverse reports which might affect your Credit Rating.

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

 

Print off the letter template from the above link and keep it by your front door, then IF and that is a big if, anyone should decide to turn up, just hand it to them and shut the door.

[redtogreen]

Thank you so much!

 

A couple of things have occurred to me-in their original letter, they stated that I could pay by CREDIT or debit card-isn't the legal status on this slightly dodgy, as they cannot encourage you to incur more debt paying off a debt?

 

Also, their 72 hours notice letter was posted 2nd class, dated the 18th November and arrived with me today, November 20th. Even if I had responded to them (which obviously I wouldn't) what timeframe are they working to precisely?

[themagician]

Thank you so much!

 

A couple of things have occurred to me-in their original letter, they stated that I could pay by CREDIT or debit card-isn't the legal status on this slightly dodgy, as they cannot encourage you to incur more debt paying off a debt?

 

Also, their 72 hours notice letter was posted 2nd class, dated the 18th November and arrived with me today, November 20th. Even if I had responded to them (which obviously I wouldn't) what timeframe are they working to precisely?

just a lighter moment! did you know mickey mouse has a credit solutions watch hah! hah! hah! ,now honestly just threats threats and more threats,you,ve got em by the g**leys and they dont like it may be you could just squeeze a little harder,good luck mate.:grin:

[Bazooka Boo]

they stated that I could pay by CREDIT or debit card-isn't the legal status on this slightly dodgy, as they cannot encourage you to incur more debt paying off a debt? Correct, which is why you must report them to the OFT for breaching their guidelines.

 

Also, their 72 hours notice letter was posted 2nd class, dated the 18th November and arrived with me today, November 20th. Again, if they were in any way truthful in requesting money they would learn to operate legally and professionally, which they dont, and never will!

 

This will all be evidence against them, if they ever wished to take the matter to court.

 

So you can be rest assured that until such time as they begin acting professionally and responsibly, observing all of the correct guidelines, laws and timeframes, then you are about as close to them taking you to court as I am of being the next US President:D

[noregrets]

sorry to break it to you guys,but student loans are not covered by the limitations act

[cerberusalert]

sorry to break it to you guys,but student loans are not covered by the limitations act

 

The 'Old Style' Student loans most certainly are.

Student loans

 

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) 6 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 or “mortgage” student loans are consumer credit agreements. Payments cannot be automatically deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitations Act can apply if you have not paid or acknowledged the debt for over 6 years. (Asking for the loan to be deferred could count as acknowledging the debt and start time running again).

 

From September 1998 new style or “income contingent” student loans include rules to say that repayments are 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 6 years old as they do not have to go to court to do so. http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.php

[phil_nottingham]

sorry to break it to you guys,but student loans are not covered by the limitations act

 

Looks like a troll i think from a DCA, obviously wrong as we are talking about old style student loans.

 

IDIOT

[kurvaface]

Have fun with this. Take a look at my thread.

 

oopps

[kurvaface]

Have fun with this. take a look at my thread.

 

 

http://www.consumeractiongroup.co.uk/forum/students/191527-statute-barred-student-loan.html

 

Any questions you have, just ask.

[palomino]

obviously wrong as we are talking about old style student loans

 

OK. So when did they change?

[kurvaface]

1998.

 

Redtogreen they seem to be following the exact same sequence of threats etc they tried on me.

 

Ring trading standards 08454 040506 and get a complaint log number because they don't seem to have learned their lesson yet. It is unlawful to press for payment of a statute barred account.

 

Email your statute barred letter to SLC directly. I found telling SLC that you'll deal only with the SLC, that you'll lodge a complaint each and every time CSL or P2C contact you and that you'll invoice them for your time worked pretty well.

[phil_nottingham]

OK. So when did they change?

 

Erm around 1998 , but dont quote me on that!

[sequenci]

Sept 1998

[kurvaface]

I have had a message today from my friendly trading standards officer. Credit Solutions have been referred to The Office Of Fair Trading. If you report them it will help everybody.

[reallymadwoman]

Please post a new thread with a title something like 'Report Credit Solutions to the OFT' so as many people as possible see it and do it.

[kurvaface]

The number for the OFT to report a trader is:

 

08457 224499

[redtogreen]

I will report them Kurvaface, thanks.

 

I have received another letter from the complaints officer, my having sent the statute barred template letter and refusal to deal with any doorstep callers:

 

'I write further to your communication received on 23rd Nov which has been passed to me for response.

 

Please note, I have raised your query with regards to the above account being Statute Barred, our client has advised us that in order to raise this dispute, you will need to write to the SLC directly with your dispute.

 

On that basis, our client has advised that you still have an outstanding balance of £****.** which is due for repayment.

 

Yours sincerely

****** *******

Complaints Officer'

 

So, I guess I need to fire off another statute barred template letter, to the SLC, registered post as before?

 

They have reverted to the amount owing before any costs (which totalled an extra £400, according to Credit Solutions), so I guess that's already £400 saved! (...and yes, once sorted I will be contributing to CAG!), but again, there is no timeframe showing. Hmmm.

[Bazooka Boo]

No, you need do nothing, if they are acting on behalf of SLC then they are legally required to forward the SB letter themselves, not you.

 

There is proper legal definition on here somewhere I'll try to find it for you, but they just need reminding of their legal obligations.

[Bazooka Boo]

Here it is, remind them of their legal obligations:

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[kurvaface]

On that basis, our client has advised that you still have an outstanding balance of £****.** which is due for repayment.

 

What is it about these moronic and retarded (no offence to morons and retards) DCAs? They always have to have the last word. I am sure this is called pressing for a payment even though you have informed them of what I am sure they already knew - "it's statute barred" - so it is not the correct response.