I will have to start repaying my loans

[firefox60]

I would love advice from you all I am in canada and dont have a UK bank account anymore and with the pound been low I think I will have to start repaying my loans how do I go about it also would they come after me if i dont pay it back as money ie very tight right now

[master woody]

firefox - start your own thread on the issue, but short answer:

 

pre 1998 loans and no contact for six years then it's statue barred.

 

As your in Canada it's very hard to get any action againt you and lets face it, how Likely is it there going to find you, they only know what your tell em hence suti's problems.

[cerberusalert]

I've moved your post and created your own thread

[cerberusalert]

Unless they've contacted you there I wouldn't worry.

[firefox60]

Unless they've contacted you there I wouldn't worry.

yes they know my address here in canada kept in touch with them but i am still under the amount of money that they say I can earn but when I sent in the Defferil form I did not have any pay slips as we have gone to papper less ones so i sent my t4 in which is like the P60 but they said it was not good enough just so worried now at my wits end

[cerberusalert]

Have you read through this? http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html

 

How old are these student loans?

[firefox60]

Have you read through this? http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html

 

How old are these student loans?

97 to 2001

firefox

[cerberusalert]

That's a shame, they are classed as the 'new style' loan which is like a mortgage and you won't be able to claim they are Statute Barred.

 

They will find it extremely difficult to take enforcement in Canada unless they've already acquired a CCJ here which I doubt they have otherwise they would have mentioned it.

[firefox60]

That's a shame, they are classed as the 'new style' loan which is like a mortgage and you won't be able to claim they are Statute Barred.

 

They will find it extremely difficult to take enforcement in Canada unless they've already acquired a CCJ here which I doubt they have otherwise they would have mentioned it.

 

 

NO CCJ yet But i dont understand why They are coming after me when my income was below the only thing I can think is that we dont have pay slips anymore but I sent in my T4 which tells them the income for last year its all papper less other then the T$ but they said that was OK will call them on monday and let you know what they say

[firefox60]

NO CCJ yet But i dont understand why They are coming after me when my income was below the only thing I can think is that we dont have pay slips anymore but I sent in my T4 which tells them the income for last year its all papper less other then the T$ but they said that was OK will call them on monday and let you know what they say

 

Still waiting to here from them but they did say that they sold the 97 loan to thails i think I didi not know anything about that until i got a letter from them

[cerberusalert]

The 97 loan will be Statute barred if you didn't make a written acknowledgement, payment or referral for a six year period.

[firefox60]

The 97 loan will be Statute barred if you didn't make a written acknowledgement, payment or referral for a six year period.

 

yes i made some payments before leaving the UK but been on differal since been in canada from 2006 so what can I do will they come after me or will they wait untill i move back to the UK which I will not be doing

[cerberusalert]

They may try to come after you but I doubt whether it would be worth their while. I'm not sure but I think the Statute of Limitations in Canada is five years... you'll have to check. So if no payments etc have been made since 2006 it may be statute barred anyway next year unless they've acquired a CCJ.

[firefox60]

They may try to come after you but I doubt whether it would be worth their while. I'm not sure but I think the Statute of Limitations in Canada is five years... you'll have to check. So if no payments etc have been made since 2006 it may be statute barred anyway next year unless they've acquired a CCJ.

 

So would they be able to get CCJ since I am not living in the UK

I think I owe around 8000 would it be worth it

[cerberusalert]

So would they be able to get CCJ since I am not living in the UK

They could only obtain a CCJ if the papers were served at an old UK address & if they did that you could easily get it set-aside because a CCJ cannot be obtained against a non-UK resident.

[firefox60]

They could only obtain a CCJ if the papers were served at an old UK address & if they did that you could easily get it set-aside because a CCJ cannot be obtained against a non-UK resident.

 

So what you are saying then is don’t worry over it and if they get a CCJ then appeal it and I will only have to worry about it if I come back to the uK for good

[cerberusalert]

So what you are saying then is don’t worry over it and if they get a CCJ then appeal it

Yes.

 

Even if you came back to the UK once the six years is up on the 97 loan it would be Statute Barred and no enforcement could be taken.

[firefox60]

Yes.

 

Even if you came back to the UK once the six years is up on the 97 loan it would be Statute Barred and no enforcement could be taken.

 

 

But the 98,99,2000 would be in force

[cerberusalert]

the '99 & 2000 will be yes.

[cerberusalert]

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.

[firefox60]

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.

 

I am not sure which ones I have but I know the first was taken out in 97 and they want 60 payments to pay them off i thought that the amount you pay back was on how much you earned but they say no divid the amount by 60 and thats how much you pay back

Thanks foe all your help

[firefox60]

I am not sure which ones I have but I know the first was taken out in 97 and they want 60 payments to pay them off i thought that the amount you pay back was on how much you earned but they say no divid the amount by 60 and thats how much you pay back

Thanks foe all your help

 

So is the 60 month the new or old not sure which one it is

[cerberusalert]

If it's a fixed term loan it will be the new style. You can work it out using their calculator; Student Loan repayment calculator

[firefox60]

If it's a fixed term loan it will be the new style. You can work it out using their calculator; Student Loan repayment calculator

 

So why do they include the 97 loan with this

but you say dont worry about they cant get me in canada

[cerberusalert]

They shouldn't because they are different style loans and totally separate.