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Honours Student loans, statute barred?


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I have been contacted by the Student loans company regarding three years of loans taken from the mid nineties. My last correspondence with them was the deferral from early 2009. Are they now statute barred, if not what is my best course of action?

 

Could well be. What happened before 2009 ? Have you moved address since 2009' so may not have received letters ?

 

What you could do is write back saying that the accounts are now subject to the limitations act 1980 and you do not intend to take any further actions, unless they can prove otherwise. Invite them to investigate and respond.

 

Obviously morally you should pay back, but many don't if they are not obliged legally. 😇

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Before 2009 I just deferred each year because I was not earning enough. I moved house in mid 2009 as I could not afford the rent, and was sofa surfing for three years. This is the first letter that I have received from Student loans company, which is surprising considering I have been at my present address for over two years, and have been on the electoral roll for the past three years at various addresses. I was not sure if the six years runs from the last time that I deferred, or from when the account would have been defaulted, which would have been in early 2010.

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Did you successfully defer in 2009? If so, the 6 years would start to run from the end of that year's deferment in 2010, so not be statute barred until the corresponding date in 2016.

 

If not then the 6 years would start to run from the end of the previous deferment - 2009 - or the date of any letter you sent that could be taken as acknowledgement after that later in 2009. So 6 years up sometime this year 2015 depending on the date.

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Do you need to poke the hornets nest ? Are they threatening court action in the near future ? You could send the SAR and ask for copies of the correspondence from 2009 or just ask them which is the date of last deferral. if the deferral is for a year you can work out the statute barred date from that . Windy may be correct that the debt is not barred until 2016' which may be why they are writing now.

We could do with some help from you.

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is it def slc chasing you?

 

 

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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moved to the slc forum

 

 

plenty to read here

 

 

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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Share on other sites

The letter that I received is from Honours Student Loans (correspondence address in Rotherham).

 

 

I do not want to poke the hornets nest, as I have a few credit card debts from the same period which will become statute barred within the next few weeks.

 

 

As the loan was regulated by the consumer credit act,

 

 

does this mean that if they obtain a CCJ, they will not be able to add any interest?

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They will add the interest at 8% at the time of the CCJ and then no more would be added after.

 

HSL is the company that was sold old student loans. At some point after the deferral period ran out, whoever was dealing with the account should have issued a default notice. I would guess this would have been in 2010 to the address they had for you.

 

Up to you really. Unless they are threatening court action now, you might decide to leave it alone. My guess is that if you deferred it during the first half of 2009 and that lasted a year, that the debt won't be stature barred until some date in the first half of 2016. If you contact them, I doubt they would defer again and if you cannot pay, then at some point they might go to court.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I doubt they would defer again

 

They probably would not be able to under the terms of the loans.

 

5 years of missed payments would be 60, which is the number of instalments the loans usually run for. In other words the 'arrears' that they are unable to cancel or defer under the terms of the agreement would be near to or all of the loan amount. They would literally not be able to defer anything any more, since the whole of the loan would have become payable immediately as arrears.

 

Or if they had defaulted and terminated, then again the whole of the loan becomes payable immediately and you lose the right to defer.

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honours student loans...

 

 

DCA's in sheeps clothing

 

 

says it all really.

 

 

pers I'd let it run.

 

 

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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Share on other sites
  • 2 weeks later...

Received letter today advising that if i do not contact them within the next 10 days, they reserve the right to take legal action without warning. They mention the usual about legal costs, but also mention statutory interest. Is it worth sending a CCA request as the first loan is nearly 20 years old?

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if but might maybe?

 

 

not will anywhere I suspect.

 

 

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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Share on other sites

I might as well send the CCA request, (£1 to possibly save £7k).

 

 

A CCJ would not be too damaging to me as my credit score is really poor anyway.

 

 

If a CCJ was issued,

how likely would it be that the creditor would make me an offer,

seeing that I am not working currently,

and will not be working in the foreseeable future?

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  • 2 weeks later...

Received "final" letter yesterday which I believe is misleading. They state that it is in my best interests to cooperate with them, which is untrue. Now I will find out whether they have the stomach for court action.

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A few cases on of them going to court before, although think most were squashed before they got too far, so possible they might try their luck. Hard to say.

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  • 1 month later...

Have received letter stating considering arranging home visit six weeks ago, then nothing since.

 

 

Could it be that they know that I am not working,

 

 

and are therefore not going to spend money on court?

 

 

Would they be able to find out if I do get a job?

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this is the final final letter?

or the final final letter after their final letter?:lol:

 

home visit my foot

they are not bailiffs

and have

no such legal powers.

 

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... 

Link to post
Share on other sites

I am aware that they are not bailiffs, and are not going to arrange a home visit.

 

 

Debt collectors do not want to spend money. (They are a bit like The Young Ones when they go to the laundrette, insert two times 50p).

 

 

My point is that the company that did the trace probably found out that I am not working at the moment,

therefore it is not going to be worthwhile taking legal action.

 

 

My question remains,

 

 

how do the trace companies find out if someone is in employment?

 

 

If they find out that I am working, I believe that court papers may be sent to me.

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I have absolutely no idea as this is the old student loans

 

My loans are with Student finance England which i believe is administered by the DWP.

 

They can check employment simply through your national insurance number

 

I have no idea if the old student loans accounts were transferred to this lot as they were administered through the Consumer Credit Act, not the current direct taxation method

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I am aware that they are not bailiffs, and are not going to arrange a home visit.

 

 

Debt collectors do not want to spend money. (They are a bit like The Young Ones when they go to the laundrette, insert two times 50p).

 

 

My point is that the company that did the trace probably found out that I am not working at the moment,

therefore it is not going to be worthwhile taking legal action.

 

 

My question remains,

 

 

how do the trace companies find out if someone is in employment?

 

If they find out that I am working, I believe that court papers may be sent to me.

 

 

as it stands with the tools they have

there is no official way

all they have is you details on your credit file

which might show bank account details etc

 

though however, many people are silly enough to use sites like facebook etc.

 

 

quite honestly you are worrying about nowt IMHO

 

 

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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