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Drysden chasing Students loan pre 1998


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hi ALL

 

Been reading lots of posts on here an have a question

 

My student loan was pre 1998 as I grad 95 - I defered as not earning etc - cut a long story short - student loan company took me to court in 1999 and my husband starting paying £5 per month from his bank account which was a joint account in 1999 but reverted to his name only just after this "agreement" my name has never appeared on any statement in relation to this since then. He changed his bank account earlier this year and stopped paying this £5 -

 

I have received 5 letters from various debt collectors but not responded. I

 

My question is : Can the student loan company apply for judgement now even though I myself have not paid anything even though my other did?

 

Also would it be considered statue barred as I have not paid anything?

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I think, in this case, the payments made will probably count as an acknowledgment and therefore scupper the statute barred argument. I'm sure others will join in on this thread and provide more definitive views. As I understand it, Student Loans are made under the CCA laws - have you sent a CCA request and/or SAR letter?

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no not yet. Ok I agree somewhat that payments would count but if those payments were not actually made by me or from my bank account.

 

There is no way any company could prove that I made any payments as the payments came from a bank account that was nothing to do with me.

 

Are you saying that I could send a CCA request to the students loan company then?

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I could be wrong on this but I was under the impression that SB did not apply to student loans due to the very nature of the loans terms. It would be common for a loan not to be repaid for 6 years if the student did not earn enough and there would be thousands of student loans not getting repaid.

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It makes no difference where the payment has come from.

 

This is not statute barred - and is at least 5 years from being so. You said this was subject to court action - do you mean a CCJ? If so, there would be no use in obtaining a CCA.

 

However, if this was not subject to a CCJ, then yes, send off the request to whichever DCA wrote to you last.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I could be wrong on this but I was under the impression that SB did not apply to student loans due to the very nature of the loans terms. It would be common for a loan not to be repaid for 6 years if the student did not earn enough and there would be thousands of student loans not getting repaid.

 

Any student loan pre-1998 can become statute barred. Any after that cannot as they can deduct from your wages at any point WITHOUT a court order.

 

See page 4 here:

 

http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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It would not be barred even without a CCJ as payments were made on your behalf, by someone acting on your behalf (your husband) And it is quite correct, Pre 1998 SL CAN be SB, as they are CCA agreements

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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  • 2 months later...
It would not be barred even without a CCJ as payments were made on your behalf, by someone acting on your behalf (your husband) And it is quite correct, Pre 1998 SL CAN be SB, as they are CCA agreements

 

 

Thanks for the responses - but what if I was not aware of the payments being made on my behalf would the debt then be statue barred?

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Thanks for the responses - but what if I was not aware of the payments being made on my behalf would the debt then be statue barred?

theoretically, however, would think it would be difficult to prove in court, if it ever went there...company would claim money came from yourself....dont know how you would show you had no knowledge of it..but someone may come along in a min and put me right

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hi ALL

 

Been reading lots of posts on here an have a question

 

My student loan was pre 1998 as I grad 95 - I defered as not earning etc - cut a long story short - student loan company took me to court in 1999 and my husband starting paying £5 per month from his bank account which was a joint account in 1999 but reverted to his name only just after this "agreement" my name has never appeared on any statement in relation to this since then. He changed his bank account earlier this year and stopped paying this £5 -

 

I have received 5 letters from various debt collectors but not responded. I

 

My question is : Can the student loan company apply for judgement now even though I myself have not paid anything even though my other did?

 

Also would it be considered statue barred as I have not paid anything?

have i got this straight that this account already been in court and judgement has already been obtained?

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have i got this straight that this account already been in court and judgement has already been obtained?

 

 

Yes it went to county court but not judgement as far as I am aware - The students loan company said they never received the deferments. I wasn't working at the time so not earning -full time carer for my mum and hubby. Still not working as full time carer for hubby and son.

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  • 2 months later...

I have an update on this : honours student loans sent this to a DCA well 4 to date and the last DCA I sent CCA request - nothing was heard so sent default letter. Also sent SARS to HSL and no response have sent the final letter to them then am thinking of taking them to court for the information I require or should I let sleeping dogs lie?

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See what comes back from the sar.

 

Rumour has it that slc are struggling to produce copies of signed agreements from this period. At best they have been producing blurred copies of microfiched documents with dubious terms and conditions.

 

I would sar the student loans company and take them head on - and that should throw all the dcas off.

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  • 2 years later...

Hi Everyone

 

Drysden are chasing me for a students loan pre 1998.

It had been deferred but the Students Loan Company still put me in court around 1999/2000.

 

I did put in a defence but they got their CCJ.

They then rang me said it should never have gone to court etc and asked if I could pay £5, so I agreed to this.

 

About 3 years ago bank accounts were changed and this payment got missed in the transfer and it went unpaid.

 

The Honours Student Loan Company began chasing me for the debt.

I joined this web site and found if I had the case number etc I could try to get the case transfered to my local county court on the grounds that my defence went unheeded.

 

I have since sent the HSLC a SARS and SLC requesting all info and in particular all county court judgement niether can supply the information

and Drysden is now contemplating taking me to court yet again for this loan.

 

I have now given them 7 days to comply and then I need to take HSLC to court to get the info any suggestions or assistance as to how to go about this will be greatly appreciated

 

many thanks

 

Teed_off x

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they cant have two bites at the cherry , drydens are muppets like this.

 

pers have you checked you cra file, it might be sb'ed?

 

the court should have the judgement details ring them

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

Yes I have rung the court and they do not have any information prior to 2001 and they suggested I look on the ministry of justice website and do a search there. Done that too and nothing to be found.

 

What I am after is help on going about putting the HSLC in court to force them to either give me the info or admit they ain't got it and ask the judge to have this debt wiped off etc.

 

Ta

 

 

 

they cant have two bites at the cherry , drydens are muppets like this.

 

pers have you checked you cra file, it might be sb'ed?

 

the court should have the judgement details ring them

 

dx

 

 

dx

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ICO ?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ICO?? am sorry I have no idea what this means.

 

To be fair all I am asking is for help in obtaining the information that either the student loan company or honours student should be able to supply - both have been SARS'ed and neither can supply the info and yet Drysden is intent on pursuing this.

 

I now need to pursue this in court in order to force the HLC to supply this info etc or at the very least get this wiped off.

 

Seems to me that that some people appear to get all the help they need and others such as myself doesn't.

 

No matter I will go the cc on Monday and obtain the info and hopefully help that I need.

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you need to remember this is a voluntary self help site please

 

no good you taking out your frustrations on us , as much as we understand the circumstances and will nevr let that stop us helping

where our knowledge allows...

 

now...

 

ICO is the information commissioners office

they might be able to help extract the info, but another angle springs to mind......

 

drydens are, in most cases, bailiffs, however, i suspect inthis instance, they are operatign under their DCA badge.

 

this gives them no powers at all, end off.

 

we see this with RLP threads.

 

if no-one has any records of the 'payments' going off the debt, other than 'their own' statements, me thinks its well sb'ed

and requires no further actions by yourself.

 

i'd go with getting your cra file = noodle is free [see below]

 

if nothing shows [make sure all your old addresses show] then i'd sit on your hands and forget all about it.

 

dx

HTH

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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