What on earth do I do?

[str3ssed]

I got a phone call from my mother last night, someone (bailiffs?) had been to her house looking for me re: unpaid student loan debt. Apparently they're going back next week.

 

This is from 1998, and it was a local college course that started just before the date on which the way repayments of loans work changed, I think. I haven't acknowledged the debt, ever.

 

The course I got the loan for, I had to drop out of due to my mental health, and it's been a problem ever since. I've been in and out of employment sporadically, but mostly unemployed and on incapacity benefit, which is my current situation. The prospect of dealing with anything like this makes me physically sick, so in the past I've chosen to just ignore it and hope it goes away.

 

 

Now though, they're starting to hassle my mother at her house (I no longer live there) and I think they've threatened to arrest possessions. It's hard to be sure, because my mother was pretty upset about the whole thing. I'll see her tomorrow or on Monday and hopefully get a clearer picture. My mother says she didn't let them into the house. She told them I don't live there any more. They said they'd come back next week.

 

 

Now, given that I don't live there and the only possessions of mine that are there will be junk and books in the attic, what next? I'm worried sick about this, and so's my mother. We're both on medication. Myself on antidepressants and medication for gastrointestinal problems that are enflamed by stress and worry, and she's on pills for her heart and high blood pressure. Neither of us are in the best position to be dealing with this, and I feel terrible that I have landed this on her.

 

 

It's been months, if not more than a year, since the last time I received a letter from SLC asking me to repay the money. As usual, I just binned it. I have never deferred it, just stuck my head in the sand as usual.

 

 

I've done a lot of reading online since last night and it appears that my loan is from when student loans became statute barred after 6 years. My mental health seriously impairs my memory though, so I'm unsure of dates. Sorry if there's anything I haven't mentioned or details that would help someone advise me better.

 

 

Of course, if there's anything else you need to know then ask away. I'm sorry the details are a bit fuzzy, but this is as much as I know right now. I'm in a real tizzy with this.

 

 

My stomach's in a knot and I feel like I'm screwed, out of options. This really feels like the end for me. My life's got a little more on track this year. I have a wonderful girlfriend and she has a fantastic little girl, and we're a family. Now I feel like I'm going to lose everything, and there'll only be one way out. I'm an obstinate bugger though, so even though my mood's so low, I know that if i do anything drastic, I'm letting these scumbags win. I hope it doesn't have to come to that.

 

 

Sorry for the length of this post, I'm just in a bit of a panic. Hopefully some knowledgeable person on here can tell me what steps to take next. Thanks in advance to whoever helps, and the creators of the site.

 

 

I was out of hope before I found this place, but seeing the work you guys do has given me a little more hope.

Edited December 19, 2009 by str3ssed
Formatting went to pot, it was one big ugly paragraph :/

[maroondevo52]

Hello and Welcome, str3ssed.

 

I can't help you much but will move this thread to a more appropriate Forum, where hopefully you'll get the help you require.

 

Regards.

 

Scott.

[hallowitch]

is your mother sure they were bailiffs for it to be bailiffs they would have to have a ccj against you and and if the debt was over £600 it would then be transfered up to HCEO to collect

 

so it would be a HCEO not a bailiff

did they leave her any paperwork

have sent ploddertom a pm to look in on this he will explain how to get it set aside if needed

 

 

 

if it is a bailiff or HCEO your mother should get a statutory declaration done this will protect her property this will cost £5/10 don't get it done yet till you find out for sure who it was

 

STATUTORY DECLARATION

 

 

 

To: (the bailiffs) (their address)

 

 

 

I (your name)

of (your address)

Do solemnly and sincerely declare that:

the items listed (list them) are not the property of (your friends name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

Signature:

 

Declared at

 

On the day of two thousand and

 

Before me

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for OathsBefore me

[str3ssed]

Cheers hallowitch and maroondevo52.

 

She's not sure at all. I think they left paperwork, I'll find out tomorrow or monday when I go to see her about this.

 

I just thought of something that I should've mentioned before. This is all in Scotland. I know laws differ between here and down south.

[IdaInFife]

hiya,

 

We don't have baliffs in Scotland. We have sheriff officers and to be honest they do not really go for possessions now a days and and more willing to accept payments and go for arrestmens etc but only this has been taken to court and you refuse to pay.

 

Ok, get the paperwork to say what company was there and you need to find out what exact month in 1998 you took out this loan.

 

ida x

[ploddertom]

Have a read of his, if it is the 12 year limit then that is why they are chasing now as they have very little time left.

 

http://www.consumeractiongroup.co.uk/forum/students/114834-can-i-use-statute.html

 

PT

[ploddertom]

There are a couple of brief paragraphs within this document http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

 

However the main crux at the moment is to protect your mum and I believe hallowitch has already suggested she does a Statutory Declaration of all the goods in the house, as you are in Scotland then unfortunately that muddies the waters for us Sassenachs as we are mostly ignorant of Scots law. However I am sure Ida will keep you reliably informed. I also get the feeling that dependent on the type of Loan you had means they do not actually have to go to Court!

 

PT

[hallowitch]

as you are in Scotland then unfortunately that muddies the waters for us Sassenachs as we are mostly ignorant of Scots law.

 

I'M Scottish i only live in wales and all i know about Scottish law is any debt i had is now statue barred because Ive been here more than 5 years

[RaeUK]

I would like to bring the National Standards of Enforcement Agents to your attention. They should apply. They have the word 'national' in the title and I note in the intro The Sheriffs' Officers' Associatiation is thanked for their help!

You may well fall into the vulnerable category due to your mental health and medications. Do speak to your GP about this if you feel able.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

I've highlighted three things which may or may not apply. But, tbh, from what you say it is highly unlikely that you are able to deal with whoever these people may be in a manner that will not be detrimental to your health. The object of vulnerable status protection is to relieve you of the stress of bailiffs - or equivalent - and free you to negotiate with the creditor direct.

 

Do keep us updated.

 

Best wishes.

Rae

Edited December 20, 2009 by RaeUK
typoo

[str3ssed]

hiya,

 

We don't have baliffs in Scotland. We have sheriff officers and to be honest they do not really go for possessions now a days and and more willing to accept payments and go for arrestmens etc but only this has been taken to court and you refuse to pay.

 

Ok, get the paperwork to say what company was there and you need to find out what exact month in 1998 you took out this loan.

 

ida x

 

Is it the date the loan was taken out, or the date the course commenced? I've read conflicting information regarding this.

 

Arrestments as in arresting wages etc? Could they/would they arrest money from my benefits (my only income) ?

 

I'm barely able to make ends meet as it is, so if they were to arrest any of my money I don't know how I'd cope.

 

And them being more willing to accept payments, wouldn't me agreeing to make payments nullify any statute exempt path I might be able to take? Would offering to pay be acknowledging the fact that I owe the money?

 

I know that sounds like I'm just someone who wants to avoid paying money he owes, but the reality is that I simply can't afford to pay it back. I just want these people off my back, at least for now. If I can get them off my back forever then that's one less thing in the back of my mind for me to worry about constantly, but even if it's just a temporary respite, I'd be happy to accept that.

 

 

There are a couple of brief paragraphs within this document http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

 

However the main crux at the moment is to protect your mum and I believe hallowitch has already suggested she does a Statutory Declaration of all the goods in the house, as you are in Scotland then unfortunately that muddies the waters for us Sassenachs as we are mostly ignorant of Scots law. However I am sure Ida will keep you reliably informed. I also get the feeling that dependent on the type of Loan you had means they do not actually have to go to Court!

 

PT

 

Yes, it looks like I need to sort that out. You say "all the goods in the house". There will be hardly anything there that belongs to me. Junk in the attic if anything. They'd be doing me a favour by clearing it out, albeit at an extortionate rate.

 

Would we literally have to list everything in the house? That'd be quite a list, and if that's the case, I'd be terrified in case I missed something out. Or would it be a case of saying that everything in the house belongs to my mother?

 

I would like to bring the National Standards of Enforcement Agents to your attention. They should apply. They have the word 'national' in the title and I note in the intro The Sheriffs' Officers' Associatiation is thanked for their help!

You may well fall into the vulnerable category due to your mental health and medications. Do speak to your GP about this if you feel able.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

I've highlighted three things which may or may not apply. But, tbh, from what you say it is highly unlikely that you are able to deal with whoever these people may be in a manner that will not be detrimental to your health. The object of vulnerable status protection is to relieve you of the stress of bailiffs - or equivalent - and free you to negotiate with the creditor direct.

 

Do keep us updated.

 

Best wishes.

Rae

 

I fall to pieces over having to keep appointments, and can barely use public transport or leave the house by myself. If I have to deal with bailiffs/sheriff officers it will definitely affect me in a bad way. Even the prospect of it terrifies me. The reality of it, I hope I don't have to deal with.

 

Will the creditor even negotiate with me? I thought that once the sheriff's officers came into play, that was you. Could I still contact SLC and deal with them, and they'd call off the Sheriff Officers? And could I go through the process I've read about on here, the asking for the CCA and SAR route in case there's something out of order with them?

 

Once again, I appreciate the time everyone's taken to reply here. I'd be lost without this forum.

[IdaInFife]

The date the agreement was signed is what your looking for.

 

Also I need to know who it is that have went to your mums house.

 

Also i would recommend that if you do not want any action taken at your mums house you furnish them with your correct address.

 

Ida x

[str3ssed]

I don't really have a correct address. I guess I'm technically homeless, although I always have a place to stay.

 

My post goes to my mum's, so I guess that's why they think I live there.

[IdaInFife]

ok lets us know when you have the details

 

ida x

[str3ssed]

Will do Ida. I was planning on moving in with my girlfriend sometime in the spring, but I'm worried about how all this will affect her. She's got mental health problems, although she copes better with them than me usually, but I wouldn't like to think bailiffs could show up at her house and want to take her things. :/

[RaeUK]

str3ssed, when I said 'deal with the creditor direct' it was a slight misnomer. I was thinking council tax not student loans. Apols.

Firstly, do follow Idainfifes advice. My suggestion is something else you may wish to do in parallell.

The Ministry of Justice recommends you write to the Magistrates Court for a re-hearing. This will allow the Magistrate to confirm your status and should allow you to reach an affordable agreement without bailiff involvement. Obviously there may be differences in terminology for you to deal with. (I'm afraid I'm as far south from you as I could be without getting my feet wet!).

It does sound like you may need a little extra help on top of what will be offered in this forum.

What extra services does your GP surgery offer? Mine, for example, also has a weekly visit by the Citizens Advice Bureau. Is there a welfare rights organisation near you? I'm just thinking if you had someone there who could walk you through this it might be beneficial...

Rae

[RaeUK]

I don't know if this is a nationwide organisation or not - I couldn't see anything one way or the other - but have look. I know they have been recommended on this forum before and they fall into my budget criterea - free!

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

 

Rae.

[palomino]

Interesting link. Can you describe how you found that page as there appears to be no link from the site's home page.

 

'Just Curious' of Tunbridge Wells

[RaeUK]

Hi palomino, I came across that particular page a while back. Then lost the link. The one I used is one pinched from another poster.

And you're right, z2k seem to have missed this page off when arriving at their home page which is a bit of a faux pait I suspect. However, if you enter 'supporting vulnerable households' into their search facility it does come up.

Rae.

[palomino]

Many thanks!

[High Court Enforcer]

The bailiffs are after payment or assets. If you have neither then it will probably be returned Nulla Bona.

 

The creditor may elect to make you bankrupt but this has a cost and will not benefit them.

[IdaInFife]

The bailiffs are after payment or assets. If you have neither then it will probably be returned Nulla Bona.

 

The creditor may elect to make you bankrupt but this has a cost and will not benefit them.

 

 

yeah if bailiffs were involved

[str3ssed]

Hi, sorry for starting a thread and disappearing. I wasn't able to get back to my mum's over christmas. I should be heading back in a day or two though, so I'll get the letter then.

[RaeUK]

No worries, str3ssed, hope you're ok.

Rae.