Simple advice on 1st Debt Collection Contact (Student loans)

[zenith000]

Hi,

 

It appears as though I have accidently forgotten (no intent) on keeping up the payback arrangement with Student Loan Company. Main reason divorce killed me financially and basic housekeeping of finances in general was destroyed. Anyway, bottom line they have sold the debt to 'Link Financial' debt collectors. I received a letter requesting full payment of £1900 ish which I DO NOT disagree with.

 

However, I am unable to pay this in anyway but can sensibly pay some £80 a month without impaacting my life.

 

How do I word this on the phone to them and do they have to accept this offer or are they in their rights to push me through the courts etc?

 

Any advice is more than welcome :-0

[maroondevo52]

Hi,

 

I'll move this thread to the appropriate Forum, I'd advise you to keep all comunication with this company in writing.

 

Regards.

 

Scott.

[zenith000]

Do you beleive the £80 a month to be a sensible offer?

[alfwithhair]

When was the last payment made to SLC?

When was the Student loan taken out, what year?

[zenith000]

Last payment would have been around the 2005 mark (not sure of the month though). I finished University June 1998 so would have been that academic year ~ around the December '97 mark roughly.

[alfwithhair]

Last payment would have been around the 2005 mark (not sure of the month though). I finished University June 1998 so would have been that academic year ~ around the December '97 mark roughly.

 

The pre 1999 loan were they old type where payments were made from your bank account rather than deducted at source from your wages.

 

Did you every receive a notice of assignment informing you the account had been sold to LINK

 

if it was 2005ish the last payment then it would become statue barred sometime next year, hence Link contacting you after this length of time

 

If you are happy to pay, then offer what you consider to be an affordable amount, it is you who decides was is affordable not them, but they will tell you otherwise. But remember by offering them payments you are acknowledging a debt that becomes statue barred next year.

 

If you have made no payments or acknowledge a debt in 6 years it becomes statue barred and cannot be enforced through the courts. If you can find out exactly when the last payment was made (old loan or bank statements) if you are right in saying 2005, then I would string Link along until such time as it IS statue barred.

 

Do not speak to them on the phone

Do not acknowledge the debt

Demand they send you proof of the debt

 

Anything that wastes time

[zenith000]

Last payment was 23rd May 2005 (assuming then it would go barred May next year) . I shall ask for proof of debt? Is there a template in here that I can use for this?

 

Should I also enquire why I have not been notified of this sale of debt?

[alfwithhair]

Don't tell them anything, it is up to them to prove you owe this balance

If you were never notified of the sale then send them the letter below

DO NOT sign it, just print your name.

I presume that LINKS letter has your full name and account number details on it?

Any chance you could scan the letter (minus person details) or type up the main body of the letter on here so I can see what they have actually said?

 

A letter used when a debt collection agency contacts you about an unknown debt. Red script is editable

 

 

Name/Address:

 

Date:

 

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[zenith000]

Account NUmber: 9999999

Originator: Finance for High Education

Debt Balance: £1900.00

 

** NOTICE OF DEBT COLLECTION SERVICES **

DO NOT IGNORETHIS NOTICE, FURTHER ACTION WILL BE TAKEN TO REECOVER THIS DEBT

INCLUDING AN AGENT ATTENDING YOUR PROPERTY OR LITIGATION

 

Dear Mr xxxxxx

 

As your loan agreement has been terminated by Thesis Servicing, we have been appointed

by them in relation to the above referenced debt and are instructed to collect the full

balance from you. This balance relates to an unpaid student loan.

 

You should make payment in full immediately quoting our reference 999999 either

by post to the address above or contacting an Account Officer who can take a Debit or Credit card

payment.

 

If you are unable to make payment you will need to contact an Account Officer on 999999

as a matter of urgency in order to discuss what alternatives may be avialable to you.

Please do not ignoire this notice.

 

you may wish to take legal advice in relation to this letter.

 

 

yours sincerely

 

 

 

Miss

blah blah

[alfwithhair]

Thought Thesis might be in the mix.

Have you even had any communication from Thesis?

They took over the serviceing of a lot of student loans last year, but not all were SOLD to them.

Thesis is LINK as LINK is Thesis, they are the same company, so have merely passed it between themselves.

[zenith000]

I have had NO communication from any company let alone Thesis.

 

Interesting though as you mention Thesis are Link. Link simply contacted my parents last week

and got my address last week.

 

Surely contact could have been made a lot sooner

[alfwithhair]

Have you had any contact from anybody regarding this account since the last payment on 23rd May 2005 ?

Have you at anytime since 23rd May 2005 applied for a deferment on the payments, as this upsets the statue barred clock.

[alfwithhair]

Right posts crossed there.

 

MY advice is send the letter below by recorded delivery

Do Not speak to them on the phone, refuse to answer their security questions, tell them in writing only please and put the phone down, the are pushy sods and will threaten you with all sorts, but just cut them off.

 

If they phone your parents again, make sure they do the same.

 

If by any chance they do send anybody round, which is very doubtful, but you never know as you appear to be in south wales, so is Thesis, tell them their is nothing to discuss, don't even confirm who you are, send them packing, if they don't go just ring the police. They have no right to be there and have no powers to do anything whatsoever.

 

Post back on here if/when you receive a reply

 

Name/Address:

Ref:

 

Date:

 

Dear Sir/Madam

 

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

 

I would point out that I have no knowledge of any such debt being owed to Thesis Servicing

 

I am familiar with the CPUTR 2008 and The Office of Fair Trading Guidance on debt collection, 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 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 and 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 would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform The Office of Fair Trading of your actions.

Please be advised that I will only communicate with you in writing.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to your reply.

 

Yours faithfully

DO NOT SIGN (print your name)

[zenith000]

Absolutely no communication with anyone since then, especially Thesis

[alfwithhair]

do as post #13 above suggests.

Lets us know how you get on

[zenith000]

Will do and thankyou

[zenith000]

Will do

[zenith000]

Just last Friday. Yes, last Friday I receieved a letter from Link Financial demanding me contact them within 7 days as there are only a handful of options left. They also state that I have failed to contact them.

 

I have sent a reply informing them that they have NOT provided me with proof since my request. I re-included the same latter that was sent last September. I used registered post as its a PO Box. I shall update accordingly.

 

regards

 

Phil

[zenith000]

They finally sent me a copy of the signed student loans agreement. Incidently I also, received a budget planner as a form of payment plan offer thing.

 

I am going to have to fill this in I suppose.

 

[zenith000]

they got me - Noooooooooooo

[alfwithhair]

Don't be too hasty filling in anything

All the have provided you with is the agreement, which you already know was taken out.

 

What is more important is when in 2005 was the last payment made?

It will be statute barred sometime this year, might already be.

 

Don't admit anything and send them no information

[sequenci]

What is more important is when in 2005 was the last payment made?

 

23rd May as I understand it

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.