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Debt recovery company: possibly statute barred

I've just had contact from a company based in Wales (Link) who claim that I have to pay outstanding student loans to them. I took a call from an unknown number, they sent me a letter (I refused to speak about it on the phone). I'm fairly sure that it's statute barred, but can't 100% guarantee that I haven't had contact with them in the last 6 years. (I was living abroad). I haven't replied or acknowledged them as of yet, and was wondering what happens if I send the 'I do not acknowledge' letter with the £1 PO, and it turns out that I have to repay. (I would pay if necessary, just wondering what the next steps would be, ie they wouldn't be able to enforce an immediate collection if I offer to pay in instalments etc).
Any advice would be very much appreciated.

(apologise if this is in a previous thread, I did look but couldn't find anything quite like this)

Comments

  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    student loans dont go stat barred
  • PNPSUKNET wrote: »
    student loans dont go stat barred

    thats cheered me up,i was reading OP and thought why the hell should it be :rotfl:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 26 November 2010 at 8:45AM
    PNPSUKNET wrote: »
    student loans dont go stat barred

    Utter nonsense.

    The old mortgage style loans can certainly be statute barred.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 26 November 2010 at 8:51AM
    If this is Link chasing, then it's quite likely that these are 'old style' loans that have been sold to their "trading style" Thesis servicing.

    Two of my old style ones have gone to Thesis as a part of the sell off of the student loan book.

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act
    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 greed
  • Thanks for that, the loans are definitely the old style from the early 90s. What happens if I send the template and it's within the 6 years though? I'm sure it's not, but what if?
  • I just called them and they were really helpfull. Thanks for that!!:T
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    National Debtline I presume? :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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