Have I reset the statute barred clock from the start?

[SStevens]

"limitation act is that the burden of proof firmly lies with the creditor, if they cannot prove that a payment/acknowledgement has been made within the last six years they would be scuppered"

 

 

Hi - I'm new and wonder if someone can help re statute barred?

 

I'm coming up to the 6 year non-payment (non deferment of student loans) I forgot to defer initially due to seriously bad times I was going through - debt was at the bottom of a very dark pile of worries and depression - and things snowballed out of control from this point - (if I had have applied to defer I would have been elgible).

 

The student loans were Pre 98, old mortgage style so can be statute barred.

 

However, about 2/3 years ago they managed to track me down at work and telephoned my office. I was obviously caught off-guard and told them never to ring me at my place of work again (is this legal for them to do so?).

 

I also panicked and fudged a diversion conversation with the student loans woman (mainly due to the fact I was so embarrassed as co-wrkers were earwigging in to conversation) by asking her whether the loans company had received my deferment to cover that year, she would not answer me (we both know she didn't). So I told her I would not answer anything she asks until she tells me if they have received my deferment. As she was unwilling to be above board with me, the conversation concluded with her threatening me by saying "we'll catch you eventually" and she slammed the phone down.

 

Just wanted to know if this is proof I own the debt/acknowledged the debt and will this start the clock again or do they need acknowledgment of the debt in writing?

 

Thanks in advance

 

S

[huggy41]

they need it in writting or by payment. to restart the clock.

[huggys boss]

Have you heard anything else since the phone call?

 

Have you checked your credit files to see if there is anything on them re this debt?

 

As Huggy says, you would need to acknowledge in writing or by making a payment to restart the clock.

 

If you get any letters re this account, I would just send them the stat barred letter and see where it goes from there.

[f.in.debt]

Hi,

 

did there ever take the debt to court? this would change the date?

 

Did you check credit files, experian,equifax or callcredit

[postggj]

i dont mean to scupper hopes but statute barred on student loans is for 1998 and previous to 1998

 

but yours do fall into the remit

 

you need to acknowledge the debt in writing or payment to reset the clock

 

telephone calls do not cut the mustard anyway