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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Can student loands be statue barred?


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I took out a student loan in 2000, 9 years later theyve took the 1st payment off've me, as i didnt acknowledge the debt in all of that time is there anyway i can statue barr the debt or not?

 

Any help would be much appreciated

 

thanks

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also i phoned a debt company and they said because they wrote to me in that 6 years it cant be statue barred, is this true? I never wrote or acknowleged them in anyway though.

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Hi, I am in exactly the same situation for a student loan from 2001. I have never paid a penny of it back as my earnings have never been high enough to take it off me automatically when I pay tax. I cant see how them sending a letter every year can make any difference, if you are not paying a normal loan back for six years you can bet your life you will be sent dozens of letters a year pestering for payment, but these letters being sent to people dont stop those loans being statue barred!

 

I suppose the difference is that these student loans are linked to the government and they have there own set of rules!

 

Im really interested to see if anyone knows the answer to this one.

Fingers crossed

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yeah, would be good if someone know, i havent got a clue who id even ask to be hinest. :(

 

Hi, I am in exactly the same situation for a student loan from 2001. I have never paid a penny of it back as my earnings have never been high enough to take it off me automatically when I pay tax. I cant see how them sending a letter every year can make any difference, if you are not paying a normal loan back for six years you can bet your life you will be sent dozens of letters a year pestering for payment, but these letters being sent to people dont stop those loans being statue barred!

 

I suppose the difference is that these student loans are linked to the government and they have there own set of rules!

 

Im really interested to see if anyone knows the answer to this one.

Fingers crossed

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Hi,

 

Found this advice given by National Debtline.....................

 

A student loan is a debt under statute, this means that the Limitations Act (LA)1980 does apply. The limitations period on this debt is 6 years and not 12 years. However, as this is a new style student loan, HMRC can deduct repayments directly from your PAYE even if the debt is statute barred, which only allows you to defend the matter if it is taken through the courts.

 

It will be up to you whether you want to contact SLC or wait for them to contact you. If they did find you, they could start to recover the debt through your PAYE. If they were unable to find you, there is a possibility that they may treat this as a bad debt and sell it onto a debt collection agency (DCA). If this was to happen, the DCA would then try to recover the debt from you. If 6 years have passed with no written acknowledgment and no part payment you can then use the statute barred argument. If the DCA were to start court action, this can be used as a defence, however we would recommend that you get legal advice and take into account the additional costs that may be involved if your defence is unsuccessful.

 

Here's a 'link'.......

 

http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

 

 

 

Regards.

 

Scott.

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