Link Financial phonecall re: student loan

[worriedfemaleawol]

Hi

 

I am hoping someone can help me.

 

I received a call yesterday from an unknown number on my mobile phone which left no voicemail.

 

This morning they have called again and I managed to get there in time then I answered my phone,

they referred to me by my Christian name and then confirmed my Surname,

but, they would not respond to me as to who they were and why they were contacting me until I had confirmed my details.

 

The reason they are contacting me was due to an outstanding debt to Student Loan.

This i had, many moons ago, gone through to CCJ on my credit rating and as far as I was aware this was paid off as a standing order that was on my account

and when I calculated the date to end on I stopped payment and heard no more.

 

The CCJ is no longer on my Experian record so now I cannot confirm details of reference numbers, balance or anything.

 

Link Financial asked me to confirm my address and are telling me I owe £2,350 and I have 21 days to pay this or someone will arrive at the door of my home to collect.

 

I am in employment but do not have that kind of money that I could pay this, but I dont think I owe this money.

 

When I disputed that I owed it they asked how much I thought I did owe.

 

They went on to state they would not accept payments if I am deemed liable

(at this precise moment in time I am working away from home but doubt in the eons of time I have any documentation regarding

this at all so may have to accept by default as I fear I cannot prove otherwise).

 

The original Student Loan was from 1994 (I graduated in 1998) and I believe the court judgement was dated 2004.

This went to court as I went through an acrimonious divorce, moved home and papers were not forwarded to me by my ex partner

and payments were not made due to personal circumstances at the time.

 

I have now given my current address to Link, who infomed me they will send paperwork, but what paperwork I have no concept of, and they stated they will ring me again in two weeks.

 

Please help as I dont know where to start to prove this has been paid.

[Stigman]

Hi,

 

First of all stop talking to Link on the telephone, do not ring them, if they ring you refuse to go through any security questions that they ask and say "in writing only" and hang up.

 

When you paid via standing order, was this to the Original Creditor, Debt Collection Agency, Solicitors etc. ?

 

If anyone ever does turn up at your property, they are not Bailiffs and have no legal powers, tell them to leave your property immediately or you will call the Police, if they refuse to move, call the Police and they will remove them on your behalf.

 

Untill Link write to you, I would just wait for mail to arrive officially from them.

 

When the mail does arrive, just ignore the big scary crayon writings of Court, CCJ, Attachment of Earnings, Doorstep Visit etc. All designed to scare and intimidate you.

 

Stigman

[huggy41]

it is for the DCA to prove you owe the money not for you to prove you don't.

just wait and see what else comes in the post.

[sequenci]

Hello there, due to the age of the CCJ it will be unlikely that they'll be able to get their money. If they try and enforce the judgment the courts are likely to decline the request due ot the fact that the judgment is over 6 years old. The rules of the court + subsequent case law makes clear that 6 years is long enough and that only special circumstances may allow enforcement.

 

In short, I think you're pretty safe.

[worriedfemaleawol]

Hi Stigman

 

Thank you for the quick response.

 

The SO mandate was direct to Student Loans.

 

I am just worried with me working away from home at present, if they were to arrive they may enter without me being there? Is that a potential? I have to admit to being worried beyond belief at this moment in time.

[lookinforinfo]

Please do not worry about their agent calling whether you are at home or not. They have no powers. They are not bailiffs so cannot force entry or break in at any time.

 

I know it is easy for us to say [many of us having gone through similar circumstances to yourself] but try and put it out of your mind at the moment. When their letter arrives,

let us know the contents and we will advise the best way forward. Read Sequenci's post above again and relax.

[42man]

As has been said above, they will struggle to enforce the debt due to its age, if they took the risk of taking you to court the emphasis would be on them as to why they hadn't enforced it, moreover they probably know it is statute barred and are attempting to frighten you into paying. Please report them to the OFT, you can see that they have been in trouble with the OFT before - http://www.oft.gov.uk/news-and-updates/press/2009/58-09

[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.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless their were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[dx100uk]

moved the thread here to the SLC forum

 

there are PLENTY of like threads here have a read.

 

this is one of links favourite tricks.

 

i was once candidly told that 75% of the money link 'earn'

are on SLC debt that people DO NOT OWE.

 

it goes straight in their profit pocket!!

 

dont get fleeced!!

 

dx

[sequenci]

For this reason alone, cc judges would not normally allow enforcement.

 

 

Be careful with s24 due to the Lowsley v Forbes judgment sir [1999] 1 AC 329.

 

http://www.bailii.org/uk/cases/UKHL/1998/34.html

 

The other stuff you've posted is what needs to be argued

[worriedfemaleawol]

Hi again

 

When I returned home there was a mail waiting for me from Link. I forgot to scan it before I came back here, the salient points are:

 

1: This does refer to my Student Loan, including what I recognise to be my Student Loan number and to a balance of £23xx value

2: Does not give a statement of any payments that have been made to Student Loans, from the depths of whatever time I was making those payments

3: No reference to the CCJ which has now been removed from my credit file

4: References a company 'Thesis' (sp) that I am supposed to have broken an arrangement with, but with whom I have never received any communication.

5: Does say I must pay this money IMMEDIATELY

 

Any help as to where I go from here, as they did say they are ringing me back next week and would like to progress this or know my best course of action as I am beside myself. I really thought this was all done and paid for.

 

Thank you for your help.

[dx100uk]

'thesis' is another of their 'spoof' names.

 

TBH i'd fire off the SB letter or just ignore them

 

whatever you do

 

do not talk on the hone

 

dx

[sequenci]

I'm with DX on this. Send the stat barred letter as it would shift the burden of proof to them to prove they still have the right to chase. Should they not be able to prove otherwise they should be leaving you well alone.

[dx100uk]

now that would be a first SQ:lol:

link proving they have a right to chase a debt.

 

bet the next trick will be the typical phantom payment spoof in july 2007......

 

dx