statute barred?

jhicky1

i had a dependents grant back in 2003 when i was at uni i was overpaid and the student loans company who give out the grant demanded it back even though they sent me letters saying it was there fault. i disputed the amount owing and got cab help. i was then sent letter from debt collection agency but they handed it back to student loans as the case was in dispute. since 2003 i have not contacted them by post or mail and neither had they contacted me until last week when started to get calls. is this statute barred as they never took me to court and it has been over 6 years.

fermi

If you haven't made a payment or acknowledged the debt yourself in writing for a period of 6 years, then yes, it would be statute barred.

iolanthe07

I may be wrong, but I thought student loans after 1999 were not subject to being statute barred. You might want to check up.

king100

iolanthe07 wrote: »

I may be wrong, but I thought student loans after 1999 were not subject to being statute barred. You might want to check up.

You are correct SL do not become SB after 1999.

fermi

This isn't a student loan. It's an Adult's Dependants Grant.

As such, it can be statute barred as far as I know?

fermi

king100 wrote: »

You are correct SL do not become SB after 1999.

Oh. And student loans made after 1998 DO actually become statute barred.

All that does is bar court action. Nothing more.

The fact that they are entitled to deduct them directly from you wages means that they can enforce recovery without needing to go through the courts.

king100

fermi wrote: »

Oh. And student loans made after 1998 DO actually become statute barred.

All that does is bar court action. Nothing more.

The fact that they are entitled to deduct them directly from you wages means that they can enforce recovery without needing to go through the courts.

From September 1998 new style or “income contingent” student loans include rules to say that repayments are 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 6 years old as they do not have to go to court to do so.

So in effect they do not become SB.

fermi

king100 wrote: »

From September 1998 new style or “income contingent” student loans include rules to say that repayments are 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 6 years old as they do not have to go to court to do so.

So in effect they do not become SB.

Yes they can.

Being SB means that court action is barred. Nothing more.

It's just that for post 1998 loans, there is a method of recovery that doesn't require the courts to be enforced.

king100

fermi wrote: »

Yes they can.

Being SB means that court action is barred. Nothing more.

It's just that for post 1998 loans, there is a method of recovery that doesn't require the courts to be enforced.

So what you are saying contridicts itself. They can become SB yet they can still get payment from you so SB never comes into it. As they dont need to go to court to enforce action, whether the debt is SB or not is meaningless in post 1998 SLs.

Yet SLC doesnt need to go to court so it wont be become SB after 6 years of not paying it as they dont need to go to court to enforce it.

There are a few ways it will never be paid.

when the repayer reaches 65
if the repayer becomes permanently disabled and unfit for work
if the repayer dies
If a student started their studies in 2006 or later, the Government will write off any part of their student loan that is left unpaid 25 years after they leave their course - instead of at age 65

Just_Plain_Jane

The debt WILL become statute barred after 6 years, which simply means that the money is still owed but the debt cannot be enforced through the courts. As there is a method of recovery for this type of debt which doesn't involve the courts, they can collect the balance without a judgement. Just because the debt is being paid, it doesn't mean it's not statute barred.

Basically, only debts for tax or duty cannot become statute barred.

king100

Just_Plain_Jane wrote: »

The debt WILL become statute barred after 6 years, which simply means that the money is still owed but the debt cannot be enforced through the courts. As there is a method of recovery for this type of debt which doesn't involve the courts, they can collect the balance without a judgement. Just because the debt is being paid, it doesn't mean it's not statute barred.

Basically, only debts for tax or duty cannot become statute barred.

They dont need to use the legal system to get the money back, so you saying its SB doesnt make a difference. I would like to see that in court, but gov it SB coz its over 6 years. It doesnt fall into the SB category as they dont need to go to court to enforce it. Therefore there is no limitation to the debt.

They can legally take the money after 6 years regardless.

Council tax, mortgages - 12 years for that, income tax and VAT and benefits cannot become SB.


How can you take the limitations act intoa student loan when there are no limitations to it?