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HELP! Link financial threat of legal action regarding student loan


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Hi I hope you guys can give me some advice.....I will keep the following as brief as I can.

 

I have three student loans dating from 1994 - 1996. When it came time to repay these loans in 1997 I successfuly deferred the reayments for a year. However, while I was away from home I did not "re-defer" my loan repayments & subsequently the Student Loans company Ltd obtained a CCJ against me in Feb 2000 (regadless the fact that I was not in full time employment or earning over the ammount where repayments are due).

 

Consequetly, I have been repaying the loan at rates (i.e ammounts of money per month) ever since. My loan passed to Thesis Servicing a few years ago - I understand this happend to all older Student Loans - and I have continued to make repayments to them.

 

Yesterday I received a letter from a company called Link Financial stating that they "...have been appointed by Thesis Servicing in relation to the above referenced debt & are instructed to collect the full balance from you." They go on to say that "....I should contact them immediately by phone." & that "You may wish to take legal advice regarding this letter".

 

I need help to know what to do next.....

 

I have not been able to contact Thesis today (Sunday).

 

I have not received any form of default notice from Thesis. As far as I am aware I have not stopped making payments to Thesis - even if as little as £10 per month.

 

Stupidly I appear to no longer have a copy of the CCJ against me. Would the ruling on the CCJ be for a fixed sum or would it allow interest to be added to that sum? I feel I have been paying this loan off for a v.long time. Again stupidly I have not kept a record of the ammount I have paid them over the years!

 

Any help/advice would be most gratefully received

 

Many thanks

Edited by Chopper75
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You can find details of your CCJ here:

 

http://www.trustonline.org.uk

 

Link Financial are a debt collection agency - they are part of the same company as Thesis Servicing. Send a SAR to Thesis Servicing and find out what the original loans were and how much you have paid. The SAR will also have copies of your loan agreements. It costs £10 and they have 40 days to reply. Send Recorded Delivery.

 

Subject Access Request - Debt & DCA

 

In the meantime send this to Link as you have no proof that they have any lawful right to ask you for payment:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading debt collectionlink3.gif Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

I would continue to pay Thesis until such times as you can challenge the amount being asked.

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Thesis & Link are the same people, just different offices (or even just desks)

 

Do NOT speak to them on the phone, what they agree with you, cajole you into paying them will only be denied by them at a later date so stick to written correspondence.

 

If you want to bring your payment record uptodate you can and should make a subject access request to Thesis (usually sent to the original creditor but in your case I would send it to Thesis) as this should show you where your money has gone and how much you paid. It will or should show any charges they may think they can charge you etc.

 

By law Thesis should also be sending you an annual statement etc.

 

My advice would be to continue your payments to Thesis and ignore Link, if Thesis want to reject your payments let them do so and then see where it goes but for now continue your payments and send Thesis the subject access request.

 

Subject Access costs £10, send it via postal order, don't sign with your usual signature etc, send it recorded and KEEP your postage details etc.

 

Subject Access request can be found here

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

I reside in Dawlish Warren but am not a rabbit.

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May thanks for your help. Should I contact Thesis regarding the fact that they have not contacted me previously with a default notice prior to them "handing things over" to Link?

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