Statute Barred Student Loan

hazeyb

Hi,

I recent recieved a letter from Honour Students Loans chase up a couple of student loans from 1995, and 1996. I've never had any contact with them since leaving University in 1997, and as the debt was statue barred I sent a letter informing them of this to their registered office. The proof of delivery, shows that it was signed for on the 10th June.
I've not recieved a letter from Pennine Debt Recovery demanding payment for the same debt, on behalf of Honour Student Loans. Can anyone advise what my next step is? Do I sent the same statue barred letter to Pennine Debt Recoveries registered office, and do I send a complaint to Honour Student loans?

Also is it correct to send these letter to the registered offices? The addresses on the letters is given as a 'Selectapost' address in Rotherham, which my local Post Office wouldn't let me send a special delivery letter to.

Finally, how, once they've ackownledge the debt is statue barred would I go about making an arrangement to pay? I don't want to be squeezed for every spare penny, but I do believe I should ulimately pay back the money,

Cheers in advance for any help.
B.

hazeyb

I've just reread this and realised that my grammar and spelling is awful.
I've had a letter from Honour Student loans chasing up an old loan. It is statue barred, and I sent them a registered letter informing them of this.
Since they recieved this letter I've recieved another notice from, Pennine Debt Recovery. Do I now send another copy of the statue barred letter to them?

Cheers for any help, and apologies for the awfulness of my earlier post.

podperson

Hi Hazey,

Could I just clarify, you say Honour Student Loans, was this for an offical student loan or just a company? If it's an offical student loan then I believe they are one of the few debts that can't be statue barred after the usual 6 years.
If it's just a company then yes send a copy of the letter to the debt collection agency, at least it will get them off your back. I am also a little confused about why you want to get it statue barred if you intend to pay it back? Seems to be defying the point a little
If you are wanting to pay it back then just write to them and offer to pay so much back a month, if it is an offical student loan then they are usually quite reasonable, my partner has been paying an overpayment from them back at £5 a month for a while now and not heard a peep out of them.

Fang_3

Student loans can't be statute barred.

robpw2

this is not from the official student loans companies as they were introduced in 1998 tuition fees etc were free to that date so im guessing it was just a company who claimed to loan to students

redsquirrel80

robpw2 wrote: »

this is not from the official student loans companies as they were introduced in 1998 tuition fees etc were free to that date so im guessing it was just a company who claimed to loan to students

I think it was the same company, but there was a change of system in 98.

It appears that different rules apply to the older loans - http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

hazeyb

Honour Student Loans, purchased a chunk of student loan debt from the original Student Loans Company (Government sale). As my loans are pre 1998, they can be statue barred. I want them to accept that they are statue barred so that they will not attempt to pursue legal avenues to recover the loan, and I'm also hoping this will put me in a stronger position to negotiate the repayments.

My concern is that they appear to have ignored the Statue barred letter that I have sent them, and then passed on the debt to a DCA. I'm also really not sure about whether it is right to send the recorded delivery letter to the registered office?

DarkConvict

If the debt is statute barred, no payments or written communication from you for 6 years, the debt is statute barred. Yes 1998 debts can go statute barred.

If you have sent the SB letter to them already then they should not pursue you further. They do not need to reply or acknowledge your letter, just not contact you again. If they continue to demand payment, send the next SB letter http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3 informing them this is unlawful harassment. By law they cannot chase statute barred debts where the debtor has stated they will not pay. If they continue you report them to the FSA/OFT. For future reference the FOS will not help with statute barred cases as we have recently seen on the forum.

hazeyb

DarkConvict wrote: »

If you have sent the SB letter to them already then they should not pursue you further. They do not need to reply or acknowledge your letter, just not contact you again. If they continue to demand payment, send the next SB letter informing them this is unlawful harassment. By law they cannot chase statute barred debts where the debtor has stated they will not pay. If they continue you report them to the FSA/OFT. For future reference the FOS will not help with statute barred cases as we have recently seen on the forum.

Thank you. A couple of questions, what is the FOS? Secondly, you've stated that cannot chase statute barred debts were the debtor has stated they will not pay. What would happen if I then made an offer to pay, does this then allow them to continue persuing however they see fit? And finally, is it acceptable to send the letters to the registered office address, as opposed to the 'Selectapost' address on the letters?

DarkConvict

hazeyb wrote: »

Thank you. A couple of questions, what is the FOS? Secondly, you've stated that cannot chase statute barred debts were the debtor has stated they will not pay. What would happen if I then made an offer to pay, does this then allow them to continue persuing however they see fit? And finally, is it acceptable to send the letters to the registered office address, as opposed to the 'Selectapost' address on the letters?

FOS - Financial Ombudsman Service http://www.financial-ombudsman.org.uk/

official independent expert in settling complaints between consumers and businesses providing financial services

They do not seem to actually acknowledge the law which is odd, and are funded by the banks so are somewhat bias. They can settle disputes over poor CS and mistakes, but they will not rule on the debt been statute barred, they will always state that it is a matter for the courts if you ever mention something defined in law.
They maybe able to help but don't hold your breath.

If you make offers to pay, this means they can contact you. Only if you state i will not pay are they not going to be allowed to pursue you for payment.
If you feel you are getting harassed, the best thing to do is state you will not pay this debt, but will instead look to save money and potentially contact them in the future to make a single settlement payment.

As to writing to them, i do not know which address is best, probably any return address they supplied on their letters.

talana

Finally, how, once they've ackownledge the debt is statue barred would I go about making an arrangement to pay? I don't want to be squeezed for every spare penny, but I do believe I should ulimately pay back the money.

I don't understand why you want to go the statute-barred (statute please rather than statue) route if you intend to do what you say.
As soon as you then make an arrangement to pay it's not statute-barred any more, so it doesn't achieve anything.