Out of the woodwork!!

bluewolf1230

Hi, this is my first post eventhough I’ve been reading similar stories.

I have a student loan from 1994 and did defer payment for the first couple of years but then forgot to do it and the loan became payable. However, I wasn’t in a position to pay and no payments were made.

I was contacted in 2004 by Westcot debt collection agency and sent payments when they called. I paid from 01/12/04 for the next 29 months, a total of £1080. The date of the last payment was 20/04/07.

I didn’t know about statute barring at this time. I’ve only just found out about this.

I’ve now been contacted by JB debt recovery and they want me to make payment. I’ve made an offer of £10pm but they won’t accept it and want “a substantial deposit”. Again, I didn’t know about the statute before I did this.

What I would like to know is, was the loan was statute barred prior to making payment to Westcot and have I negated the barring by making payments or can I still claim that the loan is statute barred?

RAS

Hi

Assuming you are in England or Wales?

You need to read this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

It depends whether there was a six year period between deferment and 01/12/04.

If a debt is staute barred, it remains staute barred even if you make payments on it. However, this does not apply if there is a CCJ outstanding.

Get you paperwork together and ring NDL.

bluewolf1230

Thanks for replying.

Yes, I'm in England and there was definitely more than 6 years between the last deferment and the first payment.

I don't have any paperwork as I've moved house a couple of times and don't know where it's gone. Do I request this off the SLC?

RAS

Not really necesary. Just send thm the statute barred letter and it is their responsibility to provide proof if they think otherwise.

bluewolf1230

I'm feeling a lot better now. Was really worried earlier.

I'm presuming the letter goes to the SLC or do I send it to the debt collector? Or both?

Sorry for being dense and a really huge thank you for helping.

BTW there is no CCJ that I am aware of.

RAS

To the debt collector - they are chasing the money not the SLC as far as we can see.

bluewolf1230

Great, editing and printing off the letter right now. It'll be in the post (recorded of course) first thing tomorrow.

I'm so glad that I came to this site to ask for help. You were so quick answering too!!

Thank you so much.