Link / Thesis Student Loan Question

[rotarin69]

Hi,

 

I have a question which I am sure has been asked a thousand times but just need to get a bit of clarification on for my own peace of mind.

 

I took a student loan in 1996 which I deferred until 2004 as I was well below the threshold, then we moved house a couple of times and I forgot to carry on doing it as i had other things on my mind.

 

I then received a letter in July 2009 saying that Thesis had taken it over. assuming that this was a DCA i sent them the standard CCA letter then when I got no response within the 31 days, I sent them the follow up letter.

 

About a week later, I got a letter from them saying that they weren't a DCA but they had taken over management of the Studet Loans and I should just continue to carry on maintaing the account as I was.

 

I hadn't paid anything so I did as I was told and just carried on.

 

I got a phone call from Link in Caerphilly (who it transpires are Thesis in another guise) saying that I had defaulted on my agreement with them and unlessIpaid it all back instantly they were going to take legal action. They also asked if I was a homeowner or tennant which I refused to answer. In fact there were several questions which I refused to answer as I didnt want to give them any ammunition.

 

I explained that I did not have the money (just over 3k) and that I wouldn't be able to raise it so if they wanted it then they would have to arrange a payment plan which was refused.

 

As I have not acknowledged this debt in writing since 2004 when I last deferred, or paid anything, am I right in thinking that I can claim this as Statute Barred (as I have seen in a previous thread).

 

I spoke to a lady at Thesis who confirmed that no agreement had been put in place and as such I could not have defaulted on it. I was thinking that I might be nice and phone them and offer to set up a payment plan of about £150 a month, but to be honest they were so rude and intimidating that I am losing inclination to do that. Also, if I do that will I then be acknowledging the debt or does it have to be in writing to be a formal acknowledgement.

 

Many thanks in advance for any help!!

[rebel11]

Hi rot

 

Welcome to CAG

The guys will advise as soon as they are available. Thread moved.

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?114834

[cerberusalert]

If there is a clear six year period where no written contact, deferral or payment was made (five in Scotland) then it would be Statute Barred. Once a debt becomes Statute Barred nothing can unbar it.

[rotarin69]

If there is a clear six year period where no written contact, deferral or payment was made (five in Scotland) then it would be Statute Barred. Once a debt becomes Statute Barred nothing can unbar it.

 

I assume you mean no written contact from me? I was receiving statements every year but made no acknowledgements. If so I will send the letter.

[cerberusalert]

I assume you mean no written contact from me?

Yes.

[rotarin69]

Awesome, just wanted to clear that up.

 

I have now sent the Statute Barred letter, hopefully these "people" will now get the hint and leave me in peace.

 

I spotted a thread similar to mine in which someone on here has used this a few times and it has been successful in dealing with them. Most reassuring!!

 

Thanks for all the help folks!!