Link financial student loan CCJ

[supertramper]

Hi all

 

Wondering if someone can give me some advice

- I had a student loan in 1994, this was CCJ'd in 1999

- I have heard nothing about this since

but I have had a call from Link Financial regarding this.

 

I told them that I believed the debt to be statute barred but I have had a call from them today saying that as the debt had been CCJ'd

this did not apply and that the balance is now outstanding.

 

I have worked really hard over the last few years to sort out the mess that I got myself into

and there is nothing re this on my credit file.

Is the debt Enforcable?

 

I have no idea what to do now or who to get help from and would be grateful if I could get some advice.

 

I have found out that because it is a CCJ, it is not classed as statute barred, but that court may have to give the DCA permission to enforce the debt

- any ideas on what to do next?

 

Thanks.

[cerberusalert]

A CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

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, cc judges would not normally allow enforcement.

[supertramper]

Thank you so much

- so what would you recommend that I do next

- I have moved house since the CCJ was done but I have not made any secret about where I was living

and there has been a long record of me and my bad debts on my credit file.

[cerberusalert]

If they call again tell them to refer to sec.24 of the Limitations Act 1980 and that you are aware that although a CCJ does not become SB they are unable to enforce it. Then tell them that you will only communicate in writing in the future.

 

From now on you will need to have a paper trail as they will not commit to paper what they will say on the 'phone.

[supertramper]

They have told me today that they have sent me paperwork out

and that they will get this resent and that they are calling me in a week

- I said that I was not saying anything to them until I had checked the information out

- I guess their only option would be to ask the court to reissue the CCJ

- if this was to happen would this then show on my nice clear credit report now?

[cerberusalert]

It's not a matter of resending the court papers. Because they haven't taken enforcement their right to do so has expired under the Llimitations Act.

 

Even in the highly unlikely event that they tried to obtain permission from a court they would have to provide the original case number, all CCJs are archived after six years & are removed from the Trust site & no court would even entertain an application without the case number.

 

Nothing can be re-registered on your credit report.

 

Do you know for a fact that there was a CCJ or are you relying on what a telephone jockey has told you?

[supertramper]

As I have said it was a long time ago

- two children later I am pretty sure that it was sent for a CCJ

- I am not 100% though

- there is no record of it on my credit file and clearly it was over 6 years ago

so I have no way of finding out.

 

I guess that I will wait for the paperwork to come through and then see from there.

[cerberusalert]

It seems unusual for the SLC to apply for a CCJ so early from that period although not impossible.

 

As you say, wait to see what appears but I wouldn't be surprised if it isn't a copy of a CCJ. Even if it does it's not worth the paper it's printed on at this moment in time.

[supertramper]

Thanks for your help

- I feel a bit better about it now

- kinda worries you when you get someone calling you out of the blue for a debt that is almost 20 years old!!

Guess DCA's will do anything to chase up old money!!

[cerberusalert]

As an aside, if you have applied for credit, mortgage, a mobile contract or a bank a/c since 1999 any CCJ would have come to light.

[supertramper]

The loan and CCJ were in my maiden name

- now I am using my married name

- when they come on the phone they say my name and then formerly known as

- so they know that I am not using it anymore and I am fairly sure that they would have a record of that on my credit file.

I have used my married name since 1995.

Complete madness and I have had credit cards and bank account since then.

[cerberusalert]

Both your maiden name & married name will probably be linked on your credit file. Even if you have applied for credit in your married name it is usual for the creditor to ask for your maiden name.

[supertramper]

In theory then there is no reason why this has not been sorted out much earlier - I had completely forgotten about it.

[cerberusalert]

TBH I'm suspicious that a CCJ even existed.

[supertramper]

Oh right

- I am pretty sure that there was one

- I think but as I say it was so long ago

- I haven't kept any paperwork or anything from them so who knows.

 

I guess I will see what they can produce in their paperwork.

Then go from there

- once it gets here would it be ok for me to message you if I need further help?

[cerberusalert]

Just update this thread, I'll see it.

[supertramper]

Ok - thanks again

[dx100uk]

ST

i have moved your thread to the SLC forum

 

this is a typical trick by link

 

you owe nothing!!

 

as explained they would FIRST

have to get themselves substituted as the claimant on the CCJ

 

NO CHANCE....

 

they get it re-activated in their name

 

 

NO CHANCE!!

 

there are several threads here in the slc forum the same as you

have a read. not ONE as ever succeeded

 

link a VERY VERY VERY well known for trying to trick old students.

 

 

 

dx

[supertramper]

Update

- there is no registered CCJ in either my maiden name or married name on the trust site.

 

I am waiting for the paperwork that Link Financial have with great interest.

 

I have no idea if they will be sending any but expect they will call me on the phone on Tuesday next week as they have promised

- if they do I will be requesting all further communication to be in writing.

 

Then I guess I will deal with them if/when I get anything in writing

- so far they have not sent even one letter it has just been phone calls.

[cerberusalert]

All CCJs drop off the Trust site after six years in any case. As I said above it'll be interesting to see what appears from Link.

[dx100uk]

thats because they hope to spoof people into aying by threats on the phone

 

NO data trail for them! no PROOF they spoofed you.

 

you are under NO LEGAL obl to discuss ANY debt on the phone

 

please IGNORE THEM.

 

if they phone

 

tell them the CCJ has expired , dont listen to what they say - put the phone down.

 

they will NEVER EVER put in writing what they claim on the phone.

 

bye bye LINK

 

dx

[PointyFacedCat]

Hi SuperTramper,

 

You posted on my thread as your situation is almost exactly like my partners, I've posted a copy of the letter I sent to Link for you as requested, although as yet I'm not totally sure how successful it's been. They've referred me to their complaints department and said they'd get back to me in 28 days so I'm kind of hopeful that it has worked - read my latest post on 'Expired CCJ on very old debt, now being contacted byStudent Loans company to pay, what to do?'

hope it helps, let me know how you go,

 

PointyfacedCat xx

[supertramper]

Hi all

- well I have had some paperwork from Link today

- it says that a CCJ was secured at my local court in October 1999

- this is odd as I was sure that it was Northampton but hey

- with a claim number and a balance of £1410.71

 

- then have issued me with some statements from SLC showing that I have made a number of payments bringing the balance to £1186.32

- well I have never made a payment so I really surprised about this.

 

According to the statements I made payments of between £20 and £60 between August of 1999 and then July of 2000 - yeah right and

 

then further payments in November 2000

- then I made payment of £1.44 in July of 2004

- then again in Sept and Oct

- then another payment in July 2005.

 

I know that I have never made any kind of payment so am confused about this.

 

I haven't had anymore phone calls yet so what should I do next.

[dx100uk]

then as i post 18

 

if they have no proof ANY payment has been made in the last 6yrs

ignore them.

 

dx

[supertramper]

They have sent me some paperwork apparently from the student loans company

- some kind of statement its got all their info on the top.

 

I know I have paid anything especially in the last six years.

 

To be honest it was all so long ago I wouldn't even know where to start

- there is nothing from the court re the CCJ though.