Can a default notice be placed when an account is in dispute (SLC)

bertsuzuki

Title says it all really. I won't bore everyone with the details. Student loans were the old style pre 1998 type. No contact from 1999 to 2007 when i popped up on the land registry. Sent the obligatory statute barred letter clearly stating account in dispute. Got back the response that they couldn't use court action to recover the monies - result! Next they send me a statement of account and letter demanding immediate payment - i countered with claim of harrassment. latest update - 3 letters in 4 days demanding 3 different amounts of payment from £3.5k to £4.2k (can't even get there own figures correct.....) and a threat of default notice with CRA

Can anyone point me in the direction of whether a default notice can be placed on the account when it is under dispute, or statute of limitation barred?

Also, what the legalities would be of entering a default notice regarding a debt that was effectively defaulted on in 1999, but with the default starting from 2009?

Thanks

bertsuzuki

Bump - Anyone?

brians_daughter

arent student loans not covered by statue barred limitations?? i know mine isnt!!


According to the National Debtline, factsheet it seems to suggest that "the Student Loans Company are still allowed to take money from your wages for a loan over six years old and they do not have to go to court to do so".

if you do find it is barred write to them,and copy all previous letters and enclose them too, also contact teh cra and put a note of dispute on your files

brians_daughter

and as i understand it all students loans will soon to be included in credit reports.. or thats what my uni tutor was saying to us

AlwaysWorking

From looking on the website http://www.direct.gov.uk/en/EducationAndLearning/UniversityAndHigherEducation/StudentFinance/RepayingStudentLoansCoursesStartingBefore1998/DG_10034744,

'You can apply to the Student Loans Company to defer your student loan repayments if your gross monthly income falls below the current deferment threshold of £2,161 per calendar month (equivalent to £25,936 per year).

Gross income is calculated before any deductions (for example, Income Tax or National Insurance).

You will continue to be charged interest during any period of deferment.'

You need to check if student loans actually fall under the 6 year rule...as they were loans from the government, I would be surprised if they are. What if someone didn't earn over the threshold for 6 years after graduation??

AlwaysWorking

Found this:

'Student Loans are an unusual case, as they changed in September 1998. Any Student Loan taken out before this date was a consumer credit agreement, which means the Limitation Act 1980 applies. But any Student Loan taken since then is an ‘income contingent’ loan – so repayments can be deducted from your wages without any court involvement, regardless of how old the debt is.'