SL that was paid off now not paid off???

[LutherBlisset]

I took out a student or two loan back in around 1991-1994. As far as I was concerned it was paid off in full back in around 1995. I got a letter today from a company called 'ati' stating I owe £405.44????? I have no idea what this is all about and not sure if I should phone them to find out?

 

Can anyone help me??? I do remeber something about some charges on my account that amounted to about £60 which i never paid as i didnt know what they were for and therefore didn't reagrd them as justified.

[CAGisforME]

I would NOT telephone these people. It's likely that they are a Debt Collection Agency and will therefore tell you ANYTHING to get you to pay.

 

Firstly, how long is it since you paid off the SLC (Student Loans Company)? If it's more than 6 years ago then this debt is likely to be Statue Barred and the Debt Collectors are "fishing".

 

My recommendation would be to send "ati" a CCA request, asking to see the agreement and a statement, to establish IF you actually owe anyone anything.

 

I successfully managed to get my charges from the Student Loans Co removed, having argued that they were unfair and unlawful. This might be worth trying too, once you have established what the debt is actually for.

 

Good Luck.

[LutherBlisset]

Thanks CAG.

 

I ended up phoning SLC last night and spoke with their 'legal dept' Have been told that loan was paid off in July 07 and the remainder of the debt is a court charge, various lawyer charges and some interest which totals about £400. The last contact they had with me was on/around July 2000. Now that is more than 6 years ago so should this debt not be statue barred? If so why are slc chasing me?

 

I did state during call that i admitted no debt with slc but eventually i took bank details to perhaps transfer the cash.

 

I cant understand how they can chase if the debt is over 6 years old? The charges they say, are what the courts/lawyers charge them.They also said there was on open decree (a scottish ccj so i was told) against me since 2000. this lasts for 6 years and they say it has dropped off but i have checked my credit file over the last 6 years and never seen this decree???? I have also had other credit over the last 6 years.

 

Am not quite sure what is going on but do i have to pay them as the 6 years is up?

 

Any help woould be good - slc says they will hold off the debt collectors for 2 weeks.

[tiglet]

SL have told me in the past I ahve a CCJ - absolute bull poo. Check with the court - if it has been done, get it set aside on the grounds taht you never received it.

 

You currently only ahve their word for what teh "debt" consists of - ask them to prove it.

[LutherBlisset]

But wont they just send out a statement saying these are the charges on the account? Am not sure how i can ask them to prove what is left on the debt, they told me last night and were pretty sure about it?

 

To correct my post above - debt was paid off in July 2000 (not 2007!!!)

[LutherBlisset]

they also say the decree/ccj is no longer there as it dropsoff after 6 years

[tiglet]

so, it's statute barred then. send them the statute barred letter and only communicate in writing with them.

[LutherBlisset]

Have taken some legal advice - as I spoke to SL last night and even though i told them i did not admit any idebtedness to them i have in effect undone the statue barring!

Thats a leson to us all!

[CAGisforME]

No you haven't!!

 

You stated catagorically that you did NOT admit the debt.

 

I would do as advised above. Write and re-state that which you stated on the telephone and use the statute barred letter in the library.

 

That's why it's important NOT to talk to these bottom feeders on the telephone.

 

If you last made payment and had contact from them in July 2000 they are out of luck and thought they'd just chance their arm. Don't fall for it.

 

[CAGisforME]

AND.....

 

An Open Decree only last for 5 years, not 6.

 

So they are WAY out of time (not to mention out of line) here!

[louiboy]

Hold on that's not right. verbal is not enough. To restart the clock.

 

The Statute Barred part kicks in 5 years after the last payment or written acknowledgement of the account.

 

Prescription and Limitation (Scotland) Act 1973

 

Part 10.— (1) The subsistence of an obligation shall be regarded for the purposes of sections 6 [F9 7 and 8A] of this Act as having been relevantly acknowledged if, and only if, either of the following conditions is satisfied, namely—

 

(a)

that there has been such performance by or on behalf of the debtor towards implement of the obligation as clearly indicates that the obligation still subsists; (made a payment or deferred)

 

 

 

 

(b)

that there has been made by or on behalf of the debtor to the creditor or his agent an unequivocal written admission clearly acknowledging that the obligation still subsists. (Wrote acknowledging the debt/loan)

[CAGisforME]

Indeed

[louiboy]

There's more

 

Dear Sir/Madam

Acc/Ref No xxxxxxx

 

I do not acknowledge any debt to you or the organisation you represent.

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would like to point out that under the Prescription and Limitation (Scotland) Act 1973 Part I, Section 6,

“If (an appropriate debt) has subsisted for a continuous period of five years −

a) without any relevant claim having been made in relation to the obligation, and

 

b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished…”

Unless you can provide evidence of payment or written contact from me in the relevant period under Part I, Section 6 of the Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and

confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

[LutherBlisset]

Wow!

 

Ok to confrim i have never contacted the Debt collectors (as i dont speak neanderthal - no insult meant to our illustrious ancestors). Last night i spoke with the Student Loans 'leagal dept'.

 

In the considered opinion of you guys these spurious charges cannot be reclaimed or chased by SL as the 5 year period is over?????

 

COuld you confrim so i can send the letter???

 

Off for a wee walk (with much missed spring in step returned).

 

Thank you so very much.

[CAGisforME]

Hi Luther,

 

That is exactly as I understand it.

 

The loan was paid off in July 2000 and SLC haven't darkened your door again since then. Until now.

 

Ati (the debt collection agency) appear - from google - to be American. Have a read on the Debt Collection forum of how a few US debt collection agencies, who seem to have little or no knowledge of UK law, seem to have appeared recently.

 

SLC told me that they don't have a legal department, when I wrote and telephoned with regard to them breaking the Data Protection Act, Consumer Credit Act and the Justice Act with regard to my case with them. Funny how they had one when you called - don't you think?

 

An Open Decree last for 5 years. So SLC are WAY out of date with this.

 

From your Original Post the only correspondence you have had is with the Debt collection Agency. Therefore I would write the above letter, send it to the DCA and copy in the SLC, for good measure. I would add on to it that as they have stated that there is an Open Decree that you would like a copy of this judgement including full details of which Court it was lodged in.

 

That should shut them up!

 

Any more nonsense from them after this and it's simple. Send them a FULL Subject Access Request demanding FULL disclosure of ALL information, including transcripts of all calls etc and you statements. They will stall. They will need reminding. They will most likely try and put you off, but eventually you will get full statements and any other evidence you need to prove categorically that this debt is WAY out of time.

 

Good Luck.

 

Please keep us informed of how you get on.

[noomill060]

SLC claim to have a "legal dept" called Smith, Lawson and Co.

 

(SLC- geddit?)

 

Naturally, this is nonsense.

 

In actual fact, they use a Glasgow firm of solicitors called Harper Macleod.

[LutherBlisset]

Thanks guys - letter will go out tomorrow!

[LutherBlisset]

There's more

 

What if they have evidence of letters being sent out to me that are within the 5 year period?

[CAGisforME]

Luther - I know it's easy to say "Don't Worry" - but really you have NOTHING to worry about.

 

To paraphrase the letter you need to send:

 

 

Under the Prescription and Limitation (Scotland) Act 1973 Part I, Section 6,

“If (an appropriate debt) has subsisted for a continuous period of five years −

a) without any relevant claim having been made in relation to the obligation, and

 

b) without the subsistence of the obligation having been relevantly acknowledged, ie IN WRITING by You

 

then as from the expiration of that period the obligation shall be extinguished…” IE you have NO OBLIGATION to them.

 

 

Unless they can provide evidence of payment or written contact from you in the relevant period under Part I, Section 6 of the Act, They are no longer able to take any court action against you to recover the alleged amount claimed.

 

At this stage you aren't asking anything other than an acknowledgement that the debt has not been paid or acknowledged in writing since July 2000.

 

IF they come back with spurious stuff then post back and we will help you from there.

 

You don't need to do the Subject Access Request that I posted about unless they carry this charade on. Which I doubt once you point out that they are NOT above the law and you know your rights!

 

Good Luck.

[CAGisforME]

By the way, just for extra security (I have read about this on the Debt Collection Forum) - use a "Special" signature on the letter to the DCA and the copy to SLC.

 

NOT your normal one.

 

Wouldn't want to lead them into temptation now would you?

[stewilko]

Could anybody help, I returned to University after 14 years being disabled due a car accident in 1994, before returning I contacted my local education authority seeking approval becuase I knew I had funding from student loans and a grant over 12 years ago. They advised there shoud'nt be any problem. A month after sending in my application for a grant and getting on a course to do my degree from the local education authority. The telephone call was starnge, they had received from 'me', well from my brother a letter stating i was deceased, the account and the student loan account had been frozen. To cut a long story short the girl stated that i was 'dead', and had the death certificate on my file. This was quickly cleard up, that somebodies account was mixed up with mine. I was granted the financies and started my degree.

 

This morning 10th September I received a letter from the student loans company stating I owe them £485, a loan that was takien out in 1994. I phoned them (wish I didn't) the girl on the phone stated that the loan was taken out in 1992 and 1994, the total of which is £1400 and I had to pay it today. I said in not so many words I couldn't. She said that because i cant pay no further funding will be given, thus stopping from returning to do my final year of study on my degree. Can anybody give me any advice what I could do, how I stand with this loan, the last time I wrote to SLC was 1998.

 

Sorry for this long reply

 

Steve

[noomill060]

Steve- first of all send them a S.A.R - (Subject Access Request) to find out what exactly they have on you and secondly, to discover how much of this £1400 is made up of penalty charges- which will enable you to dispute the total and claim back all unlawful charges and interest.

 

(Best to start a thread of your own so replies dont get mixed up.)

[noomill060]

You have a letter stating you owe them £485?

 

OK, then work with this figure. Claim back all your £20 penalty charges and interest and then see what is left over.

[noomill060]

steves own thread here-

 

http://www.consumeractiongroup.co.uk/forum/students/113676-student-loans-company.html

[CAGisforME]

Hi Steve,

 

Firstly I'll PM a MOD and ask them to make this a separate thread as it's important that you get as much advice as possible and it will get "lost" tagged at the end of this.

 

OK, now on to this (rather complicated) problem.

 

Let's see if we can break it down.

 

So, your Local Education Authority say there should be nothing barring you from finishing your Education as far as they are concerned... Good, get on to them immediately and let them know what the SLC said.

 

Next, the SLC.

 

Firstly, Do NOT, whatever you do, no matter how much you are worried, or how much you want to let off steam, talk to the again on the phone.

 

You are wasting your time. Completely.

 

They are trained rottweillers whose only pleasure in life is to make everyone's life a misery. Not only do they not know the law, they make threats and, as you have seen, are completely unreasonable.

 

I'm not sure about the issue of "Statute Barred" with the SLC. I seem to remember that they are exempt. The best place for advice is the Welfare Office of your University. They will no doubt be well versed in the SLC and their tricks.

 

Whilst you have been disabled the loan shouuld have been being deferred for 3 years at a time and, if you are now in full time education, should not require payments in the meantime.

 

The Welfare Office at the Uni and the Student Union are really the best people to help here, however, I'll take some time to check out the rules and come back to you at some point this evening.