Pre-1998 Student Loan Statute-Barred?

Lesmix · 16 August 2011 at 3:31PM

I know this has been aired here before but I need definitive advice on the topic.
I am being approached by a company called Link Financial over pre-1998 Student Loans in the form of unsolicited phone calls. I have never paid any of the original loans back and submitted my last SLC deferrment form in 2003 (or perhaps 2002) I have since had no correspondence with either SLC or their collection agencies.
I need definitive advice on whether this debt is statute barred and how solid my position is if I choose to use this route.
I know there haven't been any CCJs against me over the last 6 years as my credit rating was excellent when I was approved a mortgage in April this year.
Hope you can help, you usually can.

Tixy · 16 August 2011 at 3:37PM

As its more than 6years since your last deferrment then I would believe it to be statute barred. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act#chapter13

The only concern if there was no CCJ between your first missed deferrement form in 2004 and April 2005, but I think thats fairly unlikely, they'd be unlikely to act that quickly I'd imagine.

evenstar2009 · 16 August 2011 at 6:44PM

Hi i had a similar situation where 2 of my pre-1998 student loans had been sold off to another company (cant remember the name but i think they were in Wales) but the other one was kept by the SLC. I received correspondance/phone calls from the 'other' company about loans repayments but i advised them that i was deferring and they said that was fine they will wait to hear from the SLC.

I've never heard from them again (they used to call/send letters all the time!!) so i assume that the SLC advises the companies they sold the loans to if you defer and maybe its an admin/communication error that they're calling you if you deferred?

Lesmix · 19 September 2011 at 5:35PM

UPDATE
last month I sent Link Financial the "Statute Barred" letter and today I received contact from them.

Not only did they entirely ignore the letter I sent them, they included a couple of scary statements showing acruing interest.

What would you recommend now? I included in the statute barred letter a request for them to acknowledge the Statute-barred status of the account which they haven't.

Is this statement a scare letter and should it be considered as harrassment? Shall I repost the statute barred letter?
Thanks in advance.

fermi · 19 September 2011 at 5:40PM

http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

Lesmix · 16 January 2012 at 3:33PM

Today I received a couple of letters from Link confirming that all accounts had been cancelled and no further action was necessary. I was skeptical when I first decided to fight their claims with a statute barred

approach, convinced they would find a way to get me.
Your advice and help on this site has saved my family from a world of financial trouble. Thank you all.

Pre-1998 Student Loan Statute-Barred?

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