Pre 1998 student loan help please

[shawbridge]

In short,I took out loan in 1994 and because of circumstances I was never earning enough to make repayments although admittedley never completed any deferment formsI ignored all their letters and eventually was taken to court and a decree was awarded against me for approx £1270.This was in 2004 and should come of my credit file this month.

I am now wondering what will happen next.I know the SLC searched my credit file in February and yesterday for the first time in years they sent me an annual statement saying that I now owe £1610.Will they pursue this till the day I die,is there any way out,can or do they take me back to court and darken my credit file for another six years.I turn 50 next year will it get written of or does this not apply to me since I was taken to court for non payment.I believe I cant go down the statute barred route .Any views or suggestions would be appreciated.

[rebel11]

Hi shawbridge

 

I've moved the forum, the guys will offer advice shortly.

[cerberusalert]

I take it you haven't paid anything off the CCJ either? If not and they haven't enforced the original CCJ within six years they would have to apply to a court for permission to do so.... this is rarely if ever given as the courts view is that six years is adequate time.

[shawbridge]

No ,I haven't paid a penny of the ccj(Decree,I'm in Scotland)nor do I intend too as my income has never never been high enough, so as far as i'm concerned I owe them nothing.Ok hands up,I should have filled in the deferrment forms but at the end of the day I coudn't and still can't afford to pay.

Will they ever accept this or do they intent to pursue me untill I die?

The last correspondence I have from them is from August 2007 delivered by sheriff officers to my old address.This was a charge for payment saying that the decree had now been extracted and I had 14 days to pay up or they would take further action against me ,arrestment,auction,bankruptcy,etc but I still ignored them.I have no assets so I couldn't see what they could really do to me.

I would like to be prepared for their next move if there is one,so under the terms and conditions of the loan and rules and regulations of the SLC at what point do you think they will write off this debt? and Legally what options do they still have open to them.As 6 years have passed without it being enforced and the debt has now increased ,do they have to start at the beginning again with court action or does the decree they have stay enforcable for ever.

[IdaInFife]

As it is pre 98 it gets treated as a normal debt.

 

 

In 2007 was the charge for payment delivered to the right address at that time?

[shawbridge]

It was served at my previous address although I had only recently moved.The Sherrif officers have written on it that they have served it on my father and put my ex landlords name in brackets,my father had passed away several years before this event.

[IdaInFife]

how recent?

 

where you registered at the new address for council tax?

[shawbridge]

It was served roughly 4 weeks after I had moved back in 2007 and no I wasn't registered for council tax at that time.So its safe to say that it was served at the only address that they had for me but served it on a man who suffers with dementia and is supposed top be my father.

[shawbridge]

Ida are you still there, what do you mean by its just a normal debt?Will I have too try and borrow the £1600 to settle this before they add on any more interest and charges or will it get written off eventually?Will my credit file get another black mark on it?Anybody got any ideas on what The SLC will do next?

[cerberusalert]

Ida are you still there, what do you mean by its just a normal debt?

A SL taken before '98 is covered by CCA 1974 which means if no payment, deferment or acknowledgement of the debt was made it becomes Statute Barred after six years (five in Scotland).

Will my credit file get another black mark on it?

Only one default can be registered per debt, once it drops of your credit file it cannot be re-entered.

[IdaInFife]

Will you have proof that you lived at another address via utility bills or bak statements etc.?

 

Basically it's been three years since their last contact and even so not direct to your self. They have 2 years to enforce the charge for payment itself so it's back to square one.

[shawbridge]

Thanks for replies folks.

Yes I can easily prove that I was at my present address via statements ,etc.I have also been on the electoral for the past 3 - 4 years.

What is square one.Do they need to go for another decree or another charge for payment.

How do you think I should deal with this as I cant go down the statute barred route.

[shawbridge]

Thanks for replies folks.

Yes I can easily prove that I was at my present address via statements ,etc.I have also been on the electoral for the past 3 - 4 years.

What is square one.Do they need to go for another decree or another charge for payment.

How do you think I should deal with this as I cant go down the statute barred route.

[IdaInFife]

As it stands at the momnet because the charge for payment has expired the debt is sitting as just the decree meaning that they only have 6 years to enforce the original decree. That means after the 6 years which i beleive from your post is this year menaas that they woul dneed to take you back to court to try and enforce it.