Can SLC make me Bankrupt over a pre 1998 loan

[demi98765]

Hi,

 

I recently recieved a letter from DCA demanding payment from the student loans company for several thousand pounds, this was quickely followed by a letter from their solicitors basically saying that I have two weeks to come to an suitable arrangement with DCA, or they will proceed to court proceedings, and a further £190 will be added to my account.

 

This amount worries me, as its the same amount that a creditor is charged when making a bankruptcy petition against an individual, and I was under the impression that the SLC couldn't make you bankrupt to enforce a loan, since you can't go bankrupt to protect yourself against a student loan anymore.

 

Regarding payment history of the loan, I had two different loans from different universitys, two seperate CCA's, I deffered them both in 1999, and didn't really hear from the SLC until 2006, when I foolishly called them, and agreed to start making payments towards one of the loans, as they were harrassing my mother, which owasbvously was statute barred at the time, isn't hindsight a wonderfull thing! I last made a payment at the end of 2006 when I moved abroad.., but unfortunately I had had to return to the UK!

 

I know that one of these debts will definately be Statute Barred, but do not know which one, if its the one that DCA is trying to enforce or the other one...

 

Any help would be greatly appreciated, as the clock seems to be ticking on what seems to be creditor enforced bankruptcy...

Edited December 8, 2009 by demi98765

[kurvaface]

Hi and welcome.

 

First off, if you've made a payment in the last six years or acknowledged the loan then you've lost the statute barred option. Have no fear though. Have you CCA'd them or done a data subject access request? With your loan being pe-98 there is a very big chance that neither the DCA nor the SLC have a legible signed agreement. Is there a CCJ?

[reallymadwoman]

Hi and welcome.

 

First off, if you've made a payment in the last six years or acknowledged the loan then you've lost the statute barred option. Have no fear though. Have you CCA'd them or done a data subject access request? With your loan being pe-98 there is a very big chance that neither the DCA nor the SLC have a legible signed agreement. Is there a CCJ?

 

This is not strictly correct. Once a loan is statute barred, it cannot be unbarred. If one or both of the loans were statute barred before the OP made contact in 2006, then nothing anyone does can unbar them.

 

I think a SAR would be the best option here to get exact details of when payments were or were not paid and see if it's statute barred. Alternatively, just send the statute barred letter and let them prove it isn't.

Don't worry too much about the bankruptcy thing, it's one of capquest's favourite tricks to issue a statutory demand, however they are relatively easy to get set aside and unless you owe a very substantial amount it is rarely worth a creditor making someone bankrupt as they then have to pay the very high fees.

[kurvaface]

This is not strictly correct. Once a loan is statute barred, it cannot be unbarred. If one or both of the loans were statute barred before the OP made contact in 2006, then nothing anyone does can unbar them.

 

 

If the loan has been deferred then that is an acknowledgement I'm afraid and the way the pre-98 loans work, they are lumped into and handled as one account. Dispute the account and do a DSAR.

[reallymadwoman]

Depending on exact dates, deferral in 1999 and no further contact until 2006 should make them SB.

[demi98765]

No I definately have two seperate accounts for My student loans, as i attended two different courses one a BA Hons (3 loans grouped together), and one a post grad course at seperate institutions (one seperate student loan).

 

DCA are chasing me for the the first ones from my origional university. Just over £5000

 

Who do I send the SAR request to, and what template do I use? I assume the SLC, does anyone have their adress.

 

Thankfully I don't have a home phone, so no annoying phonecalls, but with two letters in quick sucession and the first threatening door stop collectors, do I need to send anything to DCA, as the date they set out for court action was fairly imminent?

 

Also worse case senario, and they didn't mention this in their letter, though the £190 court fee implied it, can they really petition me for bankruptcy, as I was under the impression that if I decided to file for bankruptcy myself, that Student loans were excempt from being added to your creditor list.

 

Surely if that is the case then bankruptcy would be pointless for them, since the debt wouldn't be written off at the end of the bankruptcy period??

Edited December 8, 2009 by demi98765

[reallymadwoman]

Send capquest/hl the statute barred letter, and let them jump through hoops to prove it isn't. They might issue an SD as it's relatively easy and doesn't cost them anything. As I said before, there is no way they would follow through with a bankruptcy petition, it just isn't economically viable. You would have to get the SD set aside though, just in case. If you want more reassurance have a read of some of the many threads on this subject.

 

Send the SAR to student loans. The address will be on their website. Send the letter at least recorded.

[kurvaface]

It is also very useful to ring the National Debt Line.

 

tel 0808 808 4000.....

 

Very useful and impartial advice given there and that advice is based in a solid understanding of the law.

[demi98765]

Many thanks for all of the advice

[kurvaface]

Keep us updated

[demi98765]

Hi Sorry to post again, can somebody give me the correct Address to send my subject access request to the student loans company to, I'm a little confused as I'm sure it was Glasgow, but have seen a bristol adress listed.

 

Many thanks again for all of the advice:confused:

[reallymadwoman]

It is the glasgow address.

 

Student Loans Company Limited

100 Bothwell Street

Glasgow

G2 7JD

[demi98765]

Who is it addressed to is it the data Controller?

[kurvaface]

Who is it addressed to is it the data Controller?

 

DSAR....yes

[demi98765]

Hi,

 

I appoligise for this, I've found the template for the SAR, but I can't find the statute barred letter that was mentioned to send to the DCA.

 

If someone could post a link/ copy...

 

Many thanks

[kurvaface]

http://www.consumeractiongroup.co.uk/forum/show-post/post-162366.html

[demi98765]

I know, I'm a numpty, but the SAR letter says about reclaiming fees, I just want to check that the debt is definately statute barred, is still still ok to leave in?

 

Also by paying SLC the £10 for the SAR they couldn't then use that as saying that I have made a payment to them regarding my account and set the limit rolling to another 6 years could they?

[kurvaface]

Once an account is barred, it can't be unbarred, even if you make a payment in error.

 

The £10 for the DSAR is for that and that alone. It is an absolute no no for them to use it to pay into the account. You are excercising your right to obtain ther data. Perhaps make a note on the back of the check saying what it is for.

 

With regard to charges, you are entitled to ask for the information. If the account is time barred, messing with the charges at the end of the day will make no material difference to you.

 

Be sure, - do you have a period of six years where you have not paid into or acknowledged the account?

[demi98765]

Have today recieved a default notice from SLC, dated last month for trace agent fees against my account, so they're going to play the default game with me, still waiting for my SAR from them, looks like they want to create as much rubbish on my credit file as they can, it makes me even more sure that this debt is statue barred.

[kurvaface]

Did you SAR them?

[demi98765]

yes, I'm still waiting

[kurvaface]

And if you've sent the statute barred letter, I believe the only thing they should be doing at the moment is establishing and explaining to you how it's not statute barred:mad:

[demi98765]

I just think its outragous that they can issue me with a default for trace fees, that was issued before I even sent the sar request/ statute barred letter, ie no warning, first I know about is when the letter from the slc comes through the door today.

 

I've read other posts about the underhand tactics of the slc, think I may have to get some proffesional legal advice now!

[kurvaface]

Can you post up the document you recieved (Minus your details)

[demi98765]

Hi yes will do, may take a couple of days to get to a scanner though, as have to wait for my boss to be out!