HELP ME - STUDENT LOANS - is it statute barred?
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I will try to make this as quick as possible.
Basically I received a letter fomr the HONOURS STUDENT.loans comp saying they wanted me to start paying loans I had with them in 96 and 97 (before the legalities on them changed).
I have not heard from them in over 10 years!!
I got some advice from the consumer credit counselling service, and sent off the statute barred letter. I received a reply today and they say that as i deliberately witheld my change of addresses from them it can not be statute barred.
I had also asked them to send me proof of contact/ admission of the debt, and any payment made by myself which they havent.
They never requested me to write to them to change my address and I let them know on three different occasions my new address by phone, and I still didnt hear from them.
They claim I never told them. Suprisingly they didnt even have the address on file that they originally had for me, and contacted me at, 10 years ago.
Also the lady on the phone was very aggressive and tried to get me to make a payment, and claimed they have nothing on their system to show I changed my address.
I have been told to get legal advice now from the consumer credit counselling service as they think something is not quite right with their tactics.
Are they harrassing me? Can my debt still be statute barred even though they claim I didnt let them know of my change of address? I did, but cant prove it.
Please help
Basically I received a letter fomr the HONOURS STUDENT.loans comp saying they wanted me to start paying loans I had with them in 96 and 97 (before the legalities on them changed).
I have not heard from them in over 10 years!!
I got some advice from the consumer credit counselling service, and sent off the statute barred letter. I received a reply today and they say that as i deliberately witheld my change of addresses from them it can not be statute barred.
I had also asked them to send me proof of contact/ admission of the debt, and any payment made by myself which they havent.
They never requested me to write to them to change my address and I let them know on three different occasions my new address by phone, and I still didnt hear from them.
They claim I never told them. Suprisingly they didnt even have the address on file that they originally had for me, and contacted me at, 10 years ago.
Also the lady on the phone was very aggressive and tried to get me to make a payment, and claimed they have nothing on their system to show I changed my address.
I have been told to get legal advice now from the consumer credit counselling service as they think something is not quite right with their tactics.
Are they harrassing me? Can my debt still be statute barred even though they claim I didnt let them know of my change of address? I did, but cant prove it.
Please help
0
Comments
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Give National Debtline a call.
www.nationaldebtline.co.uk free on 0808 0808 4000
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act
Simply not updating them with your address does not prevent a debt becoming statue barred.
Only doing something that misleads them into thinking they don't have a "right of action" can do that.
Their right to take action is not effected by not having a current address for you.
If they could have been bothered, they could have easily obtained a court judgement by sending papers to your last known address. If the SLC were too stupid to do that, then so be it.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
I will try to make this as quick as possible.
Basically I received a letter fomr the s.loans comp saying they wanted me to start paying loans I had with them in 96 and 97 (before the legalities on them changed).
I have not heard from them in over 10 years!!
I got some advice from the consumer credit counselling service, and sent off the statute barred letter. I received a reply today and they say that as i deliberately witheld my change of addresses from them it can not be statute barred.
I had also asked them to send me proof of contact/ admission of the debt, and any payment made by myself which they havent.
They never requested me to write to them to change my address and I let them know on three different occasions my new address by phone, and I still didnt hear from them.
They claim I never told them. Suprisingly they didnt even have the address on file that they originally had for me, and contacted me at, 10 years ago.
Also the lady on the phone was very aggressive and tried to get me to make a payment, and claimed they have nothing on their system to show I changed my address.
I have been told to get legal advice now from the consumer credit counselling service as they think something is not quite right with their tactics.
Are they harrassing me? Can my debt still be statute barred even though they claim I didnt let them know of my change of address? I did, but cant prove it.
Please help
Why do you feel you should not have to repay the money you borrowed?
"We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein0 -
Clive_Woody wrote: »Why do you feel you should not have to repay the money you borrowed?
Agreed.
Why shouldn't you pay this money, you evidently ignored for 10 years?0 -
its a govt debt and cant be statute barred0
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Yes it is stat bard. word of advice, do not sign any letters. Elelctronically sign them. Debt companies have a habit of copying and pasting your signature on to a letter of admission and you end up at square one again.0
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its a govt debt and cant be statute barred
Nonsense.
Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)Student loans
Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) six years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.
Old style student loans
Old style or 'mortgage' student loans are consumer credit agreements. Payments cannot automatically be deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitation Act can apply if you have not paid or acknowledged the debt for over six years.
WARNING Asking for the loan to be deferred could count as acknowledging the debt and start time running again.
New style student loans
From September 1998 new style or 'income contingent' student loans include rules to say that repayments will be automatically deducted directly from your wages or through your tax return if you are self-employed. This means that the SLC are still allowed to take money from your wages for a loan over six years old as they do not have to go to court to do so.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Give National Debtline a call.
www.nationaldebtline.co.uk free on 0808 0808 4000
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act
Simply not updating them with your address does not prevent a debt becoming statue barred.
Only doing something that misleads them into thinking they don't have a "right of action" can do that.
Their right to take action is not effected by not having a current address for you.
If they could have been bothered, they could have easily obtained a court judgement by sending papers to your last known address. If the SLC were too stupid to do that, then so be it.
sadly, it's not a victimless issue is it.
although boards like this take the view that as 'they' made a mistake then it's all 'they' deserve
but the losers are ordinary tax payers and not the SLC
and also the SLC is now being much more aggressive in pursuing ex-students who make an innocent mistake can now find themselves with a ruined credit record for simply forgetting...
a bit like the bank penalties issues etc ... are the new rules better or worse than formally .. who has won?
and many other examples.0 -
There is nothing whatsoever preventing the OP paying the loans off.
The Limitations Act 1980 is only a bar to enforcement of the loan through the courts.
I've seen from my own experience that the Student Loans Company is frequently incompetent. This is just another example.
Actually CLAPTON, you have reminded me of an important point to mention to the OP regarding defaults.
Thanks.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Clive_Woody wrote: »Why do you feel you should not have to repay the money you borrowed?Agreed.
Why shouldn't you pay this money, you evidently ignored for 10 years?
The question is about enforceability, guys.
Is it statute barred?
I think the answer is yes0 -
There is nothing whatsoever preventing the OP paying the loans off.
The Limitations Act 1980 is only a bar to enforcement of the loan through the courts.
I've seen from my own experience that the Student Loans Company is frequently incompetent. This is just another example.
Actually CLAPTON, you have reminded me of an important point to mention to the OP regarding defaults.
Thanks.
If only I believed that little smiley0
This discussion has been closed.
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