student loan, link threatening ccj and balifs

[gemmings]

Hi I need help,

I had a student loan in 1997, and was deferring until 2011 when I was made redundent and thought if I wasnt working I didnt have to defer anymore,

thesis took hold of the loan, but I didnt make any payments,

 

 

now link have rung saying no payment plan can be considered,

 

 

I have 48 hrs to find the money,

she told me to borrow it from family,

which I cant as its £1800.

Or I will be given a ccj and

peopke will come to my house to take goods to the value of the amount owed.

 

 

She told me to take legal advice.

 

 

I'm scared, what do I do!!!

 

 

Will people just turn up and come in my house???

 

 

Any help will be much appreciated she is ringing back today as 48 hrs is up!!!

Gemmings.

[Conniff]

How disgusting of this company and the cow on the phone.

 

 

Do not phone them for any reason, this is very important, and do not answer if they phone you, just say "in a letter please" and put the phone down.

 

 

First off they cannot insist that it is in one payment and it is unlawful for them to suggest that you go borrow it from someone else.

 

 

Do yourself an income and expenses sheet to see exactly how much disposable income your actually have after everything has been taken into account and that includes something for a rainy day and Christmas.

 

 

You now send them by recorded post, a postal order or cheque with the amount you can safely afford, say £5 per month. It is important that you can afford this amount without a break as continual payments are more important than the amount.

 

 

Include a letter 'telling' them (no requesting) that this is all you can afford and ask for their banking details so you can set up a standing order. It's best to set up a standing order, (never a direct debit) as postal orders cost on top of their value.

 

 

It's very unlikely they will take you to court if you make regular payments to them as the court will want to know why when you are already making payments and will probably drop the monthly payment to £1 if your only income is benefits.

As for bailiffs, they won't be coming as they have to take you to court, and win, and then you have a further 28 days to pay, but you will have given the judge a copy of your expenses sheet so that will be that.

 

 

As for the unlawful and disgusting language used by them and their insistence that you borrow the money, you 'must' report it to the FCA

http://www.fca.org.uk/site-info/contact

Edited November 26, 2013 by Conniff

[Lookingforjustice]

Have you been ignoring correspondence on this loan as it seems odd that someone would ring up and threaten a CCJ with 48hours notice.

 

Don't panic. If it does come down to court you can get some advice from the Citizens Advice bureau and they will help you to fill in any necessary forms.

 

Link may apply to the court in 48 hours but there is a hearing and a process to go through before a CCJ is issued.

You will be given notice of a court date and time to refute either that you owe the money or accept you owe the money but need time to pay.

 

 

Usually by demonstrating through a income and outgoings schedule what you can afford to pay.

Even if a CCJ is issued against you then the company have to go back again to get an order for the court bailiffs to collect

but some companies try it on by selling the debt to a DCA. (Debt collection agency).

 

 

These should never be given admittance to your home and do not negotiate with them only with the person with whom you made the contract.

 

I would try to avoid getting a CCJ as it will affect your credit rating for some time to come and you are likely to find yourself unable to get credit or a mortgage.

Once you are advised of a court claim you will need to complete form N244

 

You can also get advice from the National Debt helpline.

If you are phoning for help make sure you are contacting a debt charity and not a company that will negotiate debts on your behalf but claim huge fees.

 

 

Once you have started this process through a charity I understand that court proceedings if started have to be put on hold.

 

 

So I would be straight onto the National Debt helpline today if I was you and get advice from them

[AndyOrch]

" Once you are advised of a court claim you will need to complete form N244 "

 

For what reason?

[Conniff]

There is no need to contact anyone else, unless you wish to, this site will give you all the help you require.

[gemmings]

Thanku so much for your help, yes I will admit I ignored thesis services letters,

and now LINK are involved as they have taken over the debt,

 

 

I did offer to set up a payment arrangement, but she said that is no good now, they can not do that. Its the full balance or balifs.

 

How can I avoid a CCJ??

 

 

I have had nothing in writing from link, only phone calls!!

 

Proper worried someone is going to knock my door.

[AndyOrch]

Its not the full balance or Bailiffs...send them a section 77 request firstly for a copy of the agreement...the phone calls will soon stop.

 

Regards

 

Andy

[gemmings]

What is a section 77?? I dont even have a contact address for Link. Waiting for the women to ring back as she said it will be today.

[AndyOrch]

Section 77 request:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Company Name

Link Financial

 

Correspondence Address

Po Box 30095

London

SE1 7WU

 

Registered Address

Camelford House

89 Albert Embankment

London

SE1 7TP

 

Reg Company Number

03504939

 

Parent Company

N/A

 

Consumer Credit Licence

0446835

 

Website

http://www.linkfinancial.co.uk

 

Company Director

Philippe Marcel Etienne Paillart

 

Direct Postal Address

83 Mcnail Road

Singapore

32855

Foreign

 

Company Secretary

Mrs Selina Lee Burdell

 

Direct Postal Address

30 The Boltons

London

SW10 9TD

 

Investment Banker

Mr Paul David Burdell

 

Direct Postal Address

30 The Boltons

London

[gemmings]

Ok great what would be the next step after sending this?

Why arent they willing to accept a payment arrangement?

Do you think they are likely to send baliffs? I cant eat or sleep and feel quite ill x

[AndyOrch]

They have 12 + 2 days to comply then they are in default and would be unwise to submit a Claim...which they need to get to attain a CCJ first ...which you must ignore and not pay.... for them to execute the judgment using bailiffs.

[dx100uk]

moved to the SLC forum.

 

 

plenty of other thread here to read too

 

 

just remember thesis ARE link.

 

 

they are trying to spoof you here.

 

 

I'd get an sar off to thesis too.

 

 

if the SLC sold your loan to thesis

then odds on theres something amiss with it.

 

 

just because you failed to defer

doesn't automatically mean you have to pay up.

 

 

investigate things first

and stay off that phone as advised!!

 

 

dx

[gemmings]

Sorry what is a SAR??

 

 

I'm scared if I stay off the phone someone will knock my door and take our things.

 

 

Just need a step by step guide of how to deal with this!!

 

 

Apparently because I didnt defer with slc they sold loan to thesis then they sold it to link,

 

 

if I had dealt with thesis I coukd have set up a payment arrangement,

 

 

link want full payment or will issue a ccj.

 

 

She still hasnt rung me,

 

 

and ive had nothing in writing.

[dx100uk]

click the sar.

 

 

right first things first

 

 

LINK are a DCA

 

 

THEY ARE NOT BAILIFFS

and

HAVE NO SUCH LEGAL POWERS

 

 

can I suggest you do a bit of reading here in the forum

 

 

click the blue student loans/SLC up the top of this page

read some threads.

 

 

remember THESIS ARE LINK

they are spoofing you.

 

 

dx

[renegadeimp]

You are worrying over nothing. Link cant do much if anything. They will say ANYTHING over the phone to scare you into paying.

 

Is this debt even enforceable at all give its age?

[Conniff]

In the very unlikely event that someone knocks on your door, they will have no powers to take or demand anything, they will just be a collector hoping to get something, so just say sorry, am talking to the creditor and shut the door.

 

 

Bailiffs wont be coming, they need a ccj against you first and then 28 days to expire without payment. Even then, you do not and should not allow anyone to come inside your home.

[gemmings]

My next question is if I send an SAR what do I do next, or what happens next.

 

Will they issue a ccj??

 

 

Does a student loan default show on your credit rating,

 

 

its all such a mess xx

[dx100uk]

student loans rarely show on CRa files.

[dx100uk]

I'd be getting your SAR off

 

 

for now do nothing more

 

 

dx