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SallieMae UK statute barred loans and credit report


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Hello,

I have been following this intermittently since I joined last October 2015.

http://www.consumeractiongroup.co.uk/forum/showthread.php?452513-Sallie-Mae-UK-loans-statute-barred-or-not-scotland&p=4934734#post4934734

I am sort of the same situation, though I moved from Scotland to England in 2012.

 

I am not sure which year Capquest via Sallie Mae, are referring to, but I received nothing after 2007-2008 when the loan was started until 2015, from the annoying letters they started sending me that year.

 

I also had something from Arrow, but I have answered nothing for either Capquest nor Arrow.

 

I tried to contact Sallie Mae UK in 2009 I believe but got bounced emails and nothing except something from an address in Canada, which was dead upon my response.

 

So, seeing as how I am now in England, it is 2016, and theoretically the loan would have been statue barred in 2012 whilst I was still in Scotland, what would the advice be from the forum?

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ignore!! both of you

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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Thank you for replying KEdin and dx100uk.

 

I will ignore as I have been since early on, and certainly more than 5 or even 7 years ago.

 

KEdin, I believe Sallie Mae UK should have contacted me in 2012 but did not.

 

I was still in Uni early in the year then and did not leave Scotland until that Summer.

I did not receive anything from Arrow nor from Capquest until 2015, as they stated in a letter recently.

 

However, I still believe nothing is valid from them.

I now think the debt is Statute Barred and has been since 2012.

And I agree, we never defaulted because they never asked either of us about this.

 

And it is interesting about the thousands of pounds of interest added to the original principal

– shocking really, and possibly criminal.

 

Does anyone know if adding the interest in this manner might be criminal?

 

I will follow the advice from posts 2-8 and will send the letters as per instructions in the links and will not acknowledge anything as you have done KEdin.

 

I noticed the loan is listed on my credit report however,

being listed from 2015 as having made payments beforehand when in actuality I never did,

nor heard anything from anyone until that year.

Before I send anything, does this credit report entry count for anything?

 

Thank you for all help and advice.

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so at you saying that you did not make any payments to this loan at all LCC?

if so it shouldn't be on your file at all.

who is the loan shown against as the owner? capquest or arrows or SM?

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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Hello dx100uk,

 

I never made any payments at all,

and now I see two loans on my credit record via Noddle,

both dated from 2007;

January and October.

 

I do not remember two loans in the first instance,

secondly, I never made any payments to either loan and both show a default from Nov 2013.

 

I never saw anything until 2015 as previously stated.

firstly from Arrow, then Capquest.

 

These loans are listed in Noddle as being owned by Arrow.

 

I made a dispute with Noddle in January 2016 when I discovered these loans,

but received something back from Noddle saying that I had requested as terms of the loan that no one should able to look at or communicate anything about these loans except for me and the lender

- which of course I never knowingly did.

 

The last update was from 17 Jul on my credit record.

 

So here I am stuck.

 

And as a reminder,

I have received no communication from Arrow recently,

only Capquest, the most recent being yesterday.

 

Still Statute Barred do you think?

 

And do you think I should still follow the advice as above and as KEdin has done?

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might be best you go star a new thread

of your own

 

 

and i'll move these posts over to it

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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posts moved over.

 

 

i'd be writing to arrows

 

 

stating unless they can prove payments

then the debts are extinguished as per Scottish law

and must be removed from your credit file as more than 6yrs has expired with no transactions

 

 

else a complaint and compensation will be sought through the ICO/FOS/FCA

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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Hi dx100uk,

 

I will follow your last advice and assert Statute Barred as per Scottish law and will also prepare complaint and compensation procedure just in case.

 

 

I cannot do this now as I need to be away from end of Aug until mid-Sep, in case I get a Claim Form and am not able to respond within the 14 days and thus unable to avoid a summary judgement (as I will be away).

 

 

I also will need time to prepare a defence in case it would go in this direction.

 

I have looked at the forms from KEdin's thread and the advice on all posts associated and will adjust accordingly, without acknowledging any debt.

 

Thank you very much for your advice and help. I will post when I have heard anything after I submit the letters to Arrow as advised.

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Doubtful youll get a claim form. Theres a whole pre-court protocol they have to follow and theyre likely well aware that its dead and buries

 

I also will need time to prepare a defence in case it would go in this direction.

 

No you dont! Deal with it IF it happens.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp, Cheers for this advice. Nervousness about all the money they have piled on in interest, fees and potential litigation expense is causing me to think about potential futures. Thank you for the dose of sanity - and reality. I will put things together and post back when all is in motion.

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KEdin, Yes, bizarre indeed. They never asked for anything, and in my case, I asked for things very early on as you may have read. I think Statute Barred is the answer in both our cases. I will continue to ignore things and will sort all the paperwork when I return. I imagine you will wait on their response, but I can imagine it could get a bit dicey soon – or not. Do let me know what happens when the 40 days are over; or I will monitor. It will help me in my situation when I get ready to take them on. And cheers for sharing your experience. Horrible for both of us really.

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  • 9 months later...

Hi dx, Not sure what you mean? Me to post, or KEdin to post? I have not started this SallieMae nonsense again with them yet, but hoped to hear about KEdin's fallout after the last post on 15 Aug 2016. Did I make a mistake in some way with my previous post?

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  • 1 year later...

Hello All,

It has been awhile since I have looked or posted anything.

Nothing has happened on my end for months.

But, I received a letter in the post a few weeks ago from Capquest offering a settlement amount and then a mark in my credit file saying there will have been a partial clearance of the debt and the file closed.

 

Again, I believe this is statue barred.

I have ignored the letters as advised.

 

now, I have just looked at my credit file and have seen marks each month totting up, with a fictional start date, etc... as above. It looks like there is another loan, duplicated, with identical, fictional start and payment dates.

 

I have not done any other action as advised but want to apply for a loan tomorrow but cannot see how I might be successful with this hanging over me.

 

I want to put a dispute on my credit record using the Noddle account saying I do not recognise these accounts but am afraid this violates the "ignore directive" and might show me as recognising this supposed debt in some way.

 

 

 

Any advice on this?

 

 

But, this is good to see Tucoist has been successful with these numpties.

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loancreditcat said:

Hello All,

It has been awhile since I have looked or posted anything.

 

Nothing has happened on my end for months.

But, I received a letter in the post a few weeks ago from Capquest offering a settlement amount and then a mark in my credit file saying there will have been a partial clearance of the debt and the file closed.

 

Again, I believe this is statue barred.

I have ignored the letters as advised.

 

And now, I have just looked at my credit file and have seen marks each month totting up, with a fictional start date, etc... as above.

 

And now it looks like there is another loan, duplicated, with identical, fictional start and payment dates.

 

I have not done any other action as advised but want to apply for a loan tomorrow but cannot see how I might be successful with this hanging over me.

 

I want to put a dispute on my credit record using the Noddle account saying I do not recognise these accounts but am afraid this violates the "ignore directive" and might show me as recognising this supposed debt in some way.

 

Any advice on this?

 

But, this is good to see Tucoist has been successful with these numpties.

 

 

If the information is wrong on your CRF then inform the CRA to correct the information, you can always sue for defamation?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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