SLC threatened Default on Sbd? loan - Paid £1000! can i get it back?

[yodabug]

I recently paid a £1000 debt to student loans - as they sent me a default notice - and I panicked as didn’t want my CRF damaged again - ( having now a clear record ) so paid immediately by debit card.......

 

I’ve just found out that they ( student loans ) should of not sent the default letter to me asking for immediate payment - as they would of known it was statute barred ?

 

Do I have case ? Or because I paid up I am stuffed - so too speak ?

 

Any info much appreciated ?

 

Thanks

[dx100uk]

you mean SLC?

expand.

 

although statute barred makes no odds IF you are correct it IS

[dx100uk]

moved to the SLC forum

[yodabug]

Yes student loans company

So in hindsight. The debt was statute barred when they sent letter threatening to default the account.

 

So I paid them without any research whatsoever in a blind panic.

 

As it was statute barred and they knew that fact but still sent a threatening letter - do I have a case too claim money back ?

 

Thanks

 

DX what does last comment mean ( sorry confused ) ? You state ‘ IS ‘ ?

 

Thanks

[dx100uk]

how do you know its SB'd.??

 

doesnt matter though payment is considered a gift. even if SB'd

[Romancey23]

Limitation is a defence that can defeat a right of action (e.g. breach of contract).

 

A person/company can still ask you for the money even if the claim is SB, and try and sue you for it despite limitation passing, and it is up to you to raise a defence of SB.

 

It is why many creditors try and get back door CCJs etc when they know a claim is SB in the hopes people will not raise a limitation defence.

 

I cannot see how you could claim this money back - as i said SB doesn't mean they can't ask you for it, it just means you have a genuine legal reason why you don't have to pay it anymore

[yodabug]

how do you know its SB'd.??

 

doesnt matter though payment is considered a gift. even if SB'd

 

Because hadn’t paid or even acknowledged it in over 7 years

 

Thanks DX

[dx100uk]

ok well as long as it was the old style pre 1998