Link Chasing Old SLC loan - statute barred?

[clareoc]

How I wish I had come across this advice earlier. I am being harrassed by LINK via telephone and letters. I have 2 student loans pre-dating 1998.

 

I have been dogged by illness since then and have largely been unemployed. I have certainly never earned above the agreed deferment threshold.

 

I have never entered into any payment plan with SLC or any of the subsequent companies that took over the debt - THESIS is ringing a bell.

 

However some months back I did finally send a letter to LINK in which I pretty much acknowledged the debt.

 

If they have kept a record of this does that mean I have just undone the 'statute barred' clause which I never knew existed?

 

I am hoping and praying that the letter got lost in the system and I am going to send the statute barred template letter to the addresses kindly posted in the forum.

 

Your post and the others are greatly appreciated as this whole business is very stressful.

 

It beggers belief that the agreement I entered into with our Government is now in the hands of a bullying loan shark.

[cerberusalert]

If there is any clear period of six years (five in Scotland) where you made no deferment, acknowledgment or payment then it would be Statute Barred. After that period you could put a full page advert in The Times admitting the debt but it still couldn't be enforced.

[clareoc]

Thank You so much or this guidance and advice.

 

Would your advice be to send a SAR request along with the statute barred template letter...?

 

I am a little confused as to who I seek SAR from - do I request it directly from the DCA or do I deal with a separate body

[cerberusalert]

If you are certain it's Statute Barred then just send them this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

If you are not sure then send an SAR to the Student loan Company.

 

If you send the SB letter it's not beyond the realm of possibility that Link will claim that a 'phantom' payment was made. If they do the onus is on them to prove it by showing evidence of when it was paid, by who and by what method.

[clareoc]

: (

What an idiot!

I was so eager to take action yesterday that I misread yr post and have sent an SAR (with £10 postal order) to LINK FINANCIAL instead of the STUDENT LOAN COMPANY

[Clear33]

: (

What an idiot!

I was so eager to take action yesterday that I misread yr post and have sent an SAR (with £10 postal order) to LINK FINANCIAL instead of the STUDENT LOAN COMPANY

 

hi

 

sorry u r having all this terrible hassle from link.

i have yet to write to my m.p.

 

the information on this forum was a godsend- the templates worked wonders.

 

someone will come along shortly no doubt and advise what to do about this mix up - i cant see it matters personally - perhaps a s.a.e. telling them to ignore the sar request sent in error and to send u back ur postal order was my initial thought- but wait for the experts -

 

it all worked out well in the end -

 

link cancelled any action on the loan and sent me a letter saying so.

 

i did not send a s.a.r. to the student loans company in the end because i knew it had been over 6 years of no contact although both companies kept saying making a payment after the 6 years re-sets the clock- it does not.

 

after then re-iterating this and including the 'continuing to press for payment may be considered as harrassment' paragraph in the template as advised - the matter was then closed.

 

i also wrote to link initially stating i had a serious medical condition and asking them to remove my telephone number from their system as this was worsening my health and asking they deal with me only in writing - they wrote back to me saying they had complied.

 

[cerberusalert]

You may be lucky and they'll pass it on to the SLC or possibly send it back to you. If not all they'll do is send any information they hold on file about you.

[clareoc]

Carol - your story is very encouraging - thanks for sharing your experience - I shall keep fighting the good fight!

Can I ask - when you sent your letters off did you have a name or a department? I have fired off 5 of the same letters. (3 to Wales and 2 to London). I did send them all special delivery but because I don't have a name or dept they may get passed from pillar to post!

 

Yes this site and its team have been an absolute life line and answer to prayer!

[clareoc]

Thanks cerberusalert. Have been sifting through some of the letters sent by Link Financial. One states:

 

"Your personal data was placed with our investigations Dept recently as we have been unable to establish contact with you. Our agent has made enquiries in your area as to your current wherabouts and one or more sources have confirmed that you are still resident at the above property"

 

Where do these guys get off!?!?!

[cerberusalert]

It won't necessarily have been all the data that the SLC company had on you such as any payments etc., but more likely names, age, addresses. As for their enquiries into your whereabouts it's probably a case of doing a web search to see if anyone with your name has a facebook a/c they could glean info from, checking 192 & 'phoning neighbours asking if they know the person who lives down the street.

[clareoc]

...just wondering if a Debt Collection Agency concedes that a debt is statute barred and no action will be taken what exactly does this mean?

 

Is the debt completely cancelled? Does the debt still exist even though the DCA are unable to act.? Will it result in bad credit listing?

 

Also as regards my particular case in which the Glasgow based Student Loan Company sold 2 student loans from 1990 and 1995 on to Link Financial what is the point of my contacting the SLC?

 

Is it to prove to Link Financial that they purchased a dud debt..?

 

Fanx Folks!

[cerberusalert]

When a debt becomes Statute Barred it means they cannot obtain a legal remedy and no enforcement action can be made. The debt still exists but other than asking you nicely periodically they cannot do anything if you decide you are not going to pay it.

 

A student loan is not marked on your credit file and a DCA cannot add it on.

 

Also as regards my particular case in which the Glasgow based Student Loan Company sold 2 student loans from 1990 and 1995 on to Link Financial what is the point of my contacting the SLC?

Because they hold the original agreement and history; ie. deferments, payments etc, a DCA only has the basic information such as your name & address & amount owing.

[clareoc]

Thanks for clarifying. In that case would you advise that I write to the SLC and ask them to inform LINK FINANCIAL that the debt is statute barred. (I am fairly confident now having read all of CAG's advice that it is). Or do you think I should just leave them to it.

[cerberusalert]

Just wait to see what their response is., don't forget they are the monkey not the organ grinder.

[clareoc]

thanks for reminding me of that

[Clear33]

Sorry, I missed your post...

 

 

I was wondering if it all got resolved ok?

 

Another year on and I have heard nothing...

 

Tis All Good