Sallie Mae UK loans: statute barred or not? scotland

[KEdin]

Just a quick update to say I received an annual statement last week and this morning I got a payment demand that says due in September and lists a 'minimum payment due' of £12,599.86?!

 

It lists a balance of 25044.77, and it now lists arrears of £11699.87.

 

I presume they have adjusted the so-called 'arrears' to when I was supposed to pay. I have yet to receive a copy of my credit agreement or any proof that would indicate this account is not statute barred. Te account was on hold until they provided this information.

 

Time for another letter?

[dx100uk]

Pers I wouldn't enter into letter tennis

[KEdin]

I haven't written to them since last year

 

- I'm just concerned because this is a payment request with a slip at the bottom.

 

Do I not need to remind them the account is on hold?

 

I suppose they should know that...

[dx100uk]

line our pockets please

we need you to pay for our bank holiday jolly

[Bazooka Boo]

This will be an automated computer generated missive, no human input, less for the posty pushing it through your door, has been involved.

 

The only time they will know that you've received this, is IF you were to contact them, DON'T!

[KEdin]

Thanks, both. This is the first time since last year they've asked for money. I'm also unhappy about this appearing on my credit record - it's been added this month. I'm in Scotland so as a statute barred debt it doesn't exist anymore. I will sit tight for now.

[Bazooka Boo]

Well if it has been added to your CRF after all this time, then that is cause for a very serious complaint to the CRA who is processing this data, and demand to have this 'default' removed.

 

If indeed it is actually a default?

[KEdin]

No default! They added it last month, backdated it to 01/11/2006 as when I started paying and have it listed as up to date! The problem is, it should have defaulted in 2009 but they didn't ask me to pay. Presumably that still counts as a default so I could argue they need to remove it as seven years have passed and it was barred in five?

[Bazooka Boo]

So there are no D markers in the monthly boxes?

 

Defaults drop off on there sixth anniversary anyway, paid or not.

[KEdin]

No defaults. All ticks. I'm just looking at Noddle though. They might change that again I suppose. It's been a year since I asked them to provide a copy of the credit agreement and to 'prove it'.

[dx100uk]

Go ask the ICO

They can't do this

Pop up an old sb'd debt just because they feel like it

 

Just for info

Who's shown as the owner now

Who has registered it on cra file?

[KEdin]

Thanks - that was worth checking. It is Arrow Global Ltd. I think they must own the Sallie Mae debts and Capquest are servicing them.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?433402-Arrow-acquires-Capquest-for-%A3158m

 

so arrows have popped an old debt up on your CRA file that's well SB'd

 

they are trying to use the SLC criteria to fir this as the class it as a student loan..

 

they cant

its a debt, much like a consumer credit card or loan

and

nothing at all like an SLC loan.

 

they purchased it and cant apply whatever rules they think 'fit'

 

go complain to the ICO

[KEdin]

Okay. I'll do that. I think they have messed me about enough! The ICO ask if you have had a 'full and final' response before they'll take complaints - I think I'll just say 'yes' to that since they haven't managed to dig out a credit agreement in a year.

[KEdin]

Hi all,

 

Just a couple of quick updates.

 

 

I opened a dispute with noddle about the information listed on my credit file.

Arrow Global refused to remove the information and wrote that:

 

“This account is a non-defaulted account.

The account is not statute barred and will remain on the credit file.

The last payment was made on 15.09.2011 for £899.99

Arrow Global works with a number of agencies who manage customer accounts on our behalf.

 

 

Capquest Debt Recovery Ltd are currently managing this account.

For any other enquiries please advise the customer to contact Capquest directly on 0333 999 7201.”

 

As we know,

I have never made a payment on this account and nor was I asked for one until last year.

The non-default principle is interesting

- I only haven't defaulted because I wasn't asked to pay. It should have defaulted in 2009.

 

Before I got this response from Noddle I had already lodged a complaint with the financial ombudsman, giving them background and sending a photograph of the recent demand for payment.

 

 

I'll update you when I hear from them in the next couple of weeks.

I'm really hoping to get this finally finished with.

Is this fictitious payment a common trick that agencies use?

[dx100uk]

oh yes esp with caquest in the mix

[KEdin]

Hi all,

 

A wee update.

I got a final response from Capquest after the financial ombudsman contacted them.

They still deny the account in barred.

They made up a fictional graduate date and claimed because it was a student loan it wasn't due until after that fictional date (which they claim they got from the University, which seems highly unlikely!)

 

They also sent me what they say is a copy of the original agreement.

No signatures,

none of the salient information about projected graduation dates,

and sections missing that referred to repayment

(when you had to repay, what happened if you dropped out, what happened if you went below half time study etc.)

. It's not the same document and just includes some of the bumph about interest rates etc.

 

I've bounced it all back to the ombudsman.

Now what do you think?

 

Still nothing at all to evidence I took the loan,

and I know I haven't ever communicated with them or any other of the companies that bought and sold it.

It's quite unbelievable.

 

It will be interesting to see what happens next.

[dx100uk]

Keep going

Thanks for the update

[KEdin]

Hi all,

 

Well, the Financial Ombudsman are as much use as a chocolate teapot.

 

Capquest's response to them was to repeat the lie that I graduated in 2015 and was due to pay in 2016.

 

They said they had contacted my university who had given them that info.

(As discussed, I finished my studies in 2013 but was due to repay this loan in 2009).

 

They also provided the same credit agreement they sent to me

- i.e. not my one with no signature and just some general stuff about repayments after graduation.

 

Despite this, the FOS says they can only give with the 'evidence' provided and it would be a matter for the courts to decide!!!

 

What next?

I was thinking I should write to Capquest and reiterate that I want them to evidence that the debt is not statute barred and reiterate they have failed to do so.

 

Without a signed credit agreement this situation

- particularly the FOS's lack of agency - is surely ludicrous.

[dx100uk]

well you let the courts decide

IF it ever gets that far

which I doubt.

 

in the meantime

as long as you have all the proofs you need

i'e you have sought out proof from XXX that XXX is correct and capquest are wrong

 

but I doubt it will go anywhere.

 

hows the ICO going? re post 37

[loancreditcat]

Hi KEdin,

It has been quite awhile since I have posted, and nothing to report on my end except I have not heard from Arrow Global nor Capquest in many months,

 

just looking at what has happened with your situation, very similar to mine as we know,

 

I am intrigued as to how the Ombudsman did not respond and how Capquest seem to be trying to bully you.

 

I will follow the same path you did, and see where it ends up,

 

I want to be prepared for when I believe I will end up in the same position you are at the time of this last post.

 

Has anything new occurred since your last post?

 

Have you found out anything about what this would look like in the courts, or even if it would go to court?

 

Anything with the ICO in post 37?

[KEdin]

Hi both!

Just a quick message to apologise for my delayed response,

I've been occupied with family stuff this last week.

 

 

Since I referred the case to the financial ombudsman, I haven't heard a peep from them.

It's still listed on my credit record with new ticks every month.

 

 

I am inclined to keep quiet until I am resolutely past any perceived statutory bar period before asking again for removal.

I am assuming from their lack of contact that they know they would lose a court case!

What do you both think?

 

I'm encouraged that you haven't heard either, loancreditcat.

Perhaps they are giving up?

I haven't even had a statement.

K

[AndyOrch]

Posts moved to own thread

 

Andy

[KEdin]

Hi all,

 

After several months of silence after my attempt to get help from the ombudsman,

I got an annual statement followed by a payment request out of the blue.

The payment request was the same as all the others.

 

I'm just trying to decide on my next move. I could

a) ignore and see what they do next,

b) pick up on the information commission complaint or

c) seek legal advice.

 

What are your thoughts? Option c) is very unlikely but I thought I'd put it out there!

 

K

[AndyOrch]

The annual statement is required by the CCA1974 to be sent.....its not connected.