Link chasing balance on my Thesis Servicing 98' loan: They Say I owe £2500

[cumblechook]

Just expect to be ignored! Look there is ZERO that is going to happen between now and Christmas, and I very much doubt they could even cobble together anything resembling a court order by the New year either, this is by no means a priority, nor urgent, I would now sit back until next year, keep a diary of events, as you might find they are very very shallow and will send or call, when normal people are at home with family and friends.

 

 

What Send someone round?

That would not be fun ...

[Bazooka Boo]

What Send someone round?

That would not be fun ...

 

I know, I so wish they would carry out their petty empty threats of collecting my doorstep, but the fools don't seem to be able to work the door entry system??

[cumblechook]

Are you saying they send someone over?

[Bazooka Boo]

To me YES!

To you, you have more chance of the Queen popping round for a cup of tea!

[cumblechook]

That's a relief!

I cnat be having some bloody bailif turning up while we are mourning here. Things may not go to well

[Bazooka Boo]

You WILL NOT have any bailiff turning up, I PROMISE.

 

Anyone foolish enough to purport to be such will be a LIAR, there is ZERO possibility of bailiffs turning up when you have not even been taken to court. Relax..

[cumblechook]

You WILL NOT have any bailiff turning up, I PROMISE.

 

Anyone foolish enough to purport to be such will be a LIAR, there is ZERO possibility of bailiffs turning up when you have not even been taken to court. Relax..

 

heheh

[cumblechook]

Ok Everyonne,

 

A responce to my previous letter arrived from Link today.

 

They say they have acknowledged my "Complaint" and are going to have a final word on the issue by the 10th January 2011.

 

This should be interesting. I have asked them for proof of my liability for this debt. My plan is that if they continue to pursue after the 10th I will send them the status Barred letter.

 

I think it is better to know what they have in hand before I play my best card.

[Undercover-Elsa]

Hi,

That's good, at least you can have a little peace over Christmas - always an emotional time but much more so in your circumstances.

All the very best to you,

 

Elsa xx

[Tingy]

Good news - well done. Just for the record you mean Statute Barred not Status Barred.

 

Have a relaxing Christmas now!

 

Tingy

[debbbbsy]

They say they have acknowledged my "Complaint" and are going to have a final word on the issue by the 10th January 2011.

 

This pretty much proves that when they chased you for this debt, they had no proof that you were liable. Once there deadline is reached, send them the Statute Barred letter.

Have a great x-mas

Debs xxx

[cumblechook]

Excellent...... Thank you

 

I wish everybody a great Christmas and a happy new year

[cumblechook]

Link have come back to me!!!! This time they are saying that they are waiting on my original credit agreement from slc and my statements, They dispute that the account is statute barred ... I already have my credit agreement here signed in 1997. i have statements up to 1998 only. Never made a payment into my loan account. Why would I pay so little?

 

Whats my next move? wait?

 

This is response to a SB letter. They maintain that a £4.98 credit was paid on 8th feb 2005...... Yeah right!!!! I have never made such a credit. I have even gone and paid £5 to my bank to pull my banking records at that time???

 

if need be I will DSAR THE BANK.

[Undercover-Elsa]

Hi Cumblechook,

Oh joy!!!!

The idiots have done it now. You'd be suprised how often these phantom payments crop up in SB threads on here. As your case is very clear cut, it's time to do something about it.

There's a rather delicious statute called "The Consumer Protection from Unfair Trading Regulations 2008." These regulations make it a criminal offence for a company to make an untrue or misleading statement, or ommission which is likely to influence a consumer to make a "transactional decision".

Fabricating or simply telling you a payment has been made on an SB debt when it hasn't is clearly designed to lead you believe it's not SB and therefore to pay. Oops!

You have a chance to really scupper these people and strike a blow for all the others they have duped in this way.

 

But we're not going to tell them that yet are we? Their hole is only half dug.

 

First of all, to fully protect yourself and get the full picture, you need to send a DSAR to the Student Loans Company. (Wouldn't it be interesting if your statement for 2005 differed from Links?)

You want a copy of the agreement and all statements and computer records, comms log and copies of all correspondence. Usual debt SAR really, linked in my debt blog below.

 

Well done on sending for your bank statements..that was the next step.

 

We need to establish the precise date it became Statute Barred, to clobber them with.

 

When the SB clock starts is not as simple as date of last payment. It's from what's called "the accrual of cause of action", which starts the day after the date that they have the right to demand payment full payment after default. Obviously any payments or acknowledgement made AFTER that date restart the clock.

 

So although the loan was taken out in 1997, the SB clock started when payment became due, wasn't paid and they defaulted it and demanded full balance.

If the T&Cs state a specific time when they can do this eg 1 month after failing to make a payment, then thats the date. Other than that, its when they send the demand for full payment.

 

If you still have your original agreement, can you tell us what it says in the repayment section..when payments are due to start, and what action they will take for non payment etc. (Or scan it up with personal details removed..whichever is easier).

 

It's undoubtedly SB, but we need to be cleverer than Link (not too hard, LOL )

 

I'd ignore Link and leave them to struggle to get the docs for now, see what they come up with then please don't write to them without checking back here.

Get all your own ducks in a row first.

If they persist with the phantom payment claim, we'll be demanding strict proof of the method, date, time, location and reference numbers of this.

Then we'll inform them of their transgressions and that full details will be forwarded to the OFT with a strong complaint under CPUTR 2008.

 

Elsa x

[Undercover-Elsa]

For reference, from the Limitations Act:

 

Actions founded on simple contract

 

5 Time limit for actions founded on simple contract.

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

6 Special time limit for actions in respect of certain loans.

(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and

(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

 

 

 

[king100]

Link have come back to me!!!! This time they are saying that they are waiting on my original credit agreement from slc and my statements, They dispute that the account is statute barred ... I already have my credit agreement here signed in 1997. i have statements up to 1998 only. Never made a payment into my loan account. Why would I pay so little?

 

Whats my next move? wait?

 

This is response to a SB letter. They maintain that a £4.98 credit was paid on 8th feb 2005...... Yeah right!!!! I have never made such a credit. I have even gone and paid £5 to my bank to pull my banking records at that time???

 

if need be I will DSAR THE BANK.

 

Not sure how old this thread is but even if you state that you paid on 8th Feb 2005 today is 11th thus 6 years since payment.

[Undercover-Elsa]

On first look, yes, but unfortunately, not necessarily. As my post above, it depends when cause of action accrues. As it's a student loan, repayment will presumably be deferred, maybe for 3 years or more. Cause of action will start when it was defaulted and a demand for payment made. Much depends on the T&C's so I hope they can be found.

I'm helping with another case at the moment involving an attempt to set aside a CCJ gained by default on a Statute Barred Debt. One would think it would be easy, seeing as the last payment was made 8 years ago, but the judge has given the claimant more time to come up with proof of when the final demand for payment was sent, rather than accept the date of last contractual payment as the date when the SB clock started.

Elsa x

[Bazooka Boo]

This is soooo EXCITING!!!!!!!

[Undercover-Elsa]

I'm just soooo glad it's finally given you an excuse to use the Llama smiley, BB!

[cumblechook]

I am gonna Scan my latest correspondence with them to y'all tomorrow and I will also scan the Loan agreement. I only took out 2 loans. This one was from 97' my first year. I took out the other the next year. I may have to pay the other one, but 2500 is better than 5k. They first wrote to me after my brother's death - I had to get his student loans cancelled - after they then traced me to his/my address.

We are still getting over the tragidy, but I aint paying these bozos and the SLC can kiss my ass too!

 

Having read some of the other posts about link, I am sure they will try and forge stuff too... I am ready!!

 

I have a worry though; what if I did not pay this 4.98, but my mother did or something..... I really do not remember ever paying anything to the SLC and in anycase why £4.98?

I also hope my bank comes through with statements... otherwise they will get a DSAR. They warned that they have only to keep records for 6years so there is some chance that info will not go back far enough...

[cumblechook]

Elsa....

 

Thanks a bunch!

 

Most of the time I Kack it when I see the Link letters, but your posts and almost everyone elses here really gives me the fighting spirit. I get less anxious now.

[Undercover-Elsa]

Hi,

Don't worry!!! How likely is it that your Mum just randomly thought..ooo I think I'll pay £4.95 off our kids loan, LOL.

Main thing you need to do is send a SAR to the Student Loans Co ASAP.

 

Elsa x

[cumblechook]

Do you know a good SAR templte for the SLC?

[Bazooka Boo]

I also hope my bank comes through with statements... otherwise they will get a DSAR. They warned that they have only to keep records for 6years so there is some chance that info will not go back far enough...

 

Yes that is correct, BUT you might like to inform the bank that they have to keep records of your account for six years AFTER you close it, so if they have been leaving your bank statements out in rubbish bags for any time 6 years + of you opening this account, then that in itself merits a whole raft of complaints not least to the HMRC who will take a very dim view of this.

[Undercover-Elsa]

Adapt the one linked in my debt blog (link below). Make sure you stress full statements of account and ALL correspondence...