slc 1999 ccj - Drysden chasing Students loan pre 1998

[teed_off]

hi ALL

Been reading lots of posts on here an have a question

My student loan was pre 1998 as I grad 95 - I deferred 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. 

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?

[T2upNorth]

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?

[teed_off]

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?

[twofoot]

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.

[clemma]

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.

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

[rameses_qc]

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

[teed_off]

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?

[debt4get]

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

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

[teed_off]

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.

[teed_off]

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?

[kurvaface]

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.

[teed_off]

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 transferred 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 neither 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

[dx100uk]

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

[teed_off]

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

bump

[dx100uk]

ICO ?

 

dx

[teed_off]

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.

[dx100uk]

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, SOLICITORS, however, i suspect in this instance, they are operating under as a  DCA .

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

[teed_off]

Hi

Just read through this thread

Expired CCJ on Student Loan, Honours/SLC now threatening to take me back to court - Student loans/SLC - Consumer Action Group

I am having the same problem with HSL!

I sent them a SAR in 2009 requesting the following info e.g all data held on me and more specifically all CCJ and case numbers etc.

They responded by sending a SCA but not my sig and the agreement was illegible apart from the sig.

They also referred me to the SLC so I SAR them as well and they responded and even sent the postal order back stating that HSL had all the info sent to them when they bought the loan.

Its been back and forth since 2009 to Drysdens and others and now HSL are at it again and they still cannot provide me the info requested.

In all honesty Drysden do not have the court ref number and neither do Northampton Courts simply because the SLC sent it down to Bristol as thats where they deal with non payers etc.

Bristol CC do not have any info before 2001 and of course the Ministry of Justice web has no info either.

So unless either STC or HSL come up with the goods ie case reference numbers then I would hazard a guess that they cannot

1: enforce the original CCJ and

2: as they have received a SAR and cannot provided info they its double jeopardy which means you cannot be sued for the same debt twice.

If am wrong I will apologise and stand corrected.

 

T x

[teed_off]

Hi All

Hope am in the right place for this post.

I need some clarification please.

THe story goes...

. if a company took you to court in 1999 and never enforced the judgement.

You then sent a SAR in 2009 as they started hassling you to obtain the court reference and case number and then they referred you to original lender

you sent them a SAR and they returned your postal order stating they did not have any info about you on their system as the debt had been sold etc.

My question is this

can this company take me to court a second time to obtain another CCJ

when they have failed to provide information when they were sent a SAR?

Hope that makes sense!

[AndyOrch]

Hi Teed_off and yes you are in the correct forum:wink:

 

They cant get a second judgment on the same debt...they will struggle to enforce the first considering its passed 6 years (Statute of Limitations)

 

Regards

 

Andy

[teed_off]

Hi Andy

 

Thanks so much for that. I had a feeling I was right and I was aware of staute of limitations etc.

 

CHeers xx

[steampowered]

The fact that they (allegedly) failed to comply with a SAR does not bar them from bringing court proceedings.

 

The fact that they already have a CCJ does bar them from bringing new court proceedings in relation to the same debt (and in any event it would be statute barred by now).

 

There is no statute of limitations on CCJs, so in theory they could still enforce the 1999 CCJ. However, court permission is required to enforce a CCJ after six years and they would need to show very good reason why the CCJ was not enforced until now.

 

Personally I would leave this alone. No point chasing up the SARs as I am not sure what they are supposed to achieve. Probably best not to enter in discussions about it.

[AndyOrch]

The fact that they (allegedly) failed to comply with a SAR does not bar them from bringing court proceedings.

 

The fact that they already have a CCJ does bar them from bringing new court proceedings in relation to the same debt (and in any event it would be statute barred by now).

 

There is no statute of limitations on CCJs, so in theory they could still enforce the 1999 CCJ. However, court permission is required to enforce a CCJ after six years and they would need to show very good reason why the CCJ was not enforced until now.

 

Personally I would leave this alone. No point chasing up the SARs as I am not sure what they are supposed to achieve. Probably best not to enter in discussions about it.

 

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, Counrty Courts would not normally allow enforcement.

[teed_off]

Apologies for not getting back sooner than this mainly due to hospitals etc etc.

Thanks to all who have responded,

I do however have a couple of things to say..

The reason I requested SARS was to obtain the court case reference number so that I could complete (forget the number of the form) an N???? to have the case transfered to my local CC on basis that I was not given the opportunity to put in a defence.

If they cannot give me this case ref for the CCJ, how can they enforce the judgement?

Furthermore they seem to think its was a different CCJ than the one they used 13 years ago.

There is nothing on the Ministry of Justice website in my name and the court they used 13 years ago - well their records only go back to 2001.

This goes back to my questionS,

how can they enforce the original judgement without a case ref number and can they take me to court again for the same debt?

[AndyOrch]

Why would you want to do anything with it...as stated its over 6 years old...they have no information pertaining to the judgment.........I personally would just ignore the hassling until they try to litigate.

BTW a DSAR would not give any information on the CCJ...ref no/ court etc.

 

Regards

 

Andy