SLC student loan Default at CRA, help!!

[postggj]

thinking on this

the last dn is flawed, no doubt on that

[avatari]

sorry, last as in posted or as in date - the 2005 or the 2007?

[bertsuzuki]

Hi, just got your heads up.... I take it you've forwarded everything to the OFT? They tried this with me and bottled out when i got the OFT involved and I took as heavy handed approach as i could to the whole thing. Couple of things though. I definately had no contact with them for well over six years - a fact that they cannot dispute.

 

They might have you on a technicality over your date of last correspondance? If you have a default notice from them from 2005 that was sent in 2005 then you're within statute. If they in effect back dated the default notice then i doubt they have a leg to stand on. Not sure on the legalities of this though, you'd have to post in the legal issues forum to clarify.

 

Sorry i can't offer much more at the moment, i'll keep an eye on the thread and chip in where i can. My credit history is clear, not that it's much consolation to you and it's going to stay that way. You might have to go the court route on this one - whats to lose? They won't back down till the very end though so be prepared to take them right to the brink. If they lose a court case over statute of limitations they will be forced to effectively right off £3.2 billion and in the process they will breach their own covenants.

[avatari]

Hi bertsuzuki, thanks for dropping in on this thread.

 

No, prior experience with OFT tells me they are useless, this default will have dropped off by the time they get around to this - same with IC. Did they clear a default from your file after getting OFT involved then?

 

I last corresponded with them in April 2003, this was to defer for a year. Is the techincality because deferment counts as being in contact for a year? Surely if I last corresponded in April 2003, SOLA applies? Can anyone else advise on this?

 

Basically, they have registered data with the CRAs after this debt was SB.

Also, date of Default on credit file is the precise date they printed their DN to me, which effectively gives me ZERO days to rectify: surely this makes Default on file wrong?

 

I'd really like to know what I should do next. Thanks

Edited April 5, 2010 by avatari

[mkb]

This is from the insolvency helpline site:

 

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.

 

It quotes the above & I hiave highlighted in red re. deferrment

 

If you've not already done so, I feel that you need to SAR them to check the request for deferrment as you have no recollection of asking.

[avatari]

Thanks MKB. But surely (Asking for the loan to be deferred could count as acknowledging the debt and start time running again) refers to a deferment request in writing - SOLA states that debt acknowledgment must be in writing only - otherwise a creditor could be allowed to claim that a debtor promised the earth to the creditor on the phone, if it were not recorded and the creditor's word had automatic acceptance as fact? Can you clarify if I have understood this right?

 

I will def send SAR, but wanted to know if I had just cause to take stronger action concurrently to save time, I want this default cleared asap although it only stays on my file one more year.

Edited April 5, 2010 by avatari

[kurvaface]

Subbing..........

 

 

 

 

 

 

 

with interest:cool:

[stawbelly]

subbing too .....

[kurvaface]

Any news on this?

[dobiedogs]

subbing

[avatari]

hi guys - i admit no action taken yet on this, as beginning to think that with less than a year to go there's not a lot of point in pursuing this, given the fact that I don't know if this is statute barred: nobody has actually answered my questions on a) does the statute barred clock start ticking from the date you make a deferral or on expiry of that deferral (as noone is expecting you to make contact during the deferred year) and b) i haven't admitted in writing. I wonder if it may be best to let sleeping dogs lie for the moment and just accept the default, which will fall off next Jan.

Edited April 5, 2010 by avatari

[avatari]

Strangely, the default on my credit file has now disappeared?

 

I have checked all three CRAs and nothing there - I haven't contatced them at any point.

 

Anyone know if a) they routinely remove after five years rather than the standard six?

or b) they have decided to remove all defaults regardless of age under legal pressure?