Can student loands be statue barred?

[tonytash]

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

[tonytash]

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.

[catsfella]

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

[tonytash]

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

[maroondevo52]

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.