Is this CCA enforceable?

fermi

An example.

Not sure what year exactly.

Sixfingers

thanks for all the advice. And Fermi, your document looks very familiar and is in fact what i should have received. I have not received this, only a one page doc with the info i mentioned above without all the T&C's etc. Much appreciated.

In response to "clutching at straws". As much as I am more than willing to pay any debt that I acknowledge to be mine, I am absolutely certain that due diligence is required with these cowboys.

thechippy

I still need the question in post #11 answering!

Sixfingers

the date of the doc i have a copy of (for £1300) is from Sep 2000. The initial agreement wouldve been signed in Sep 97 when i started Uni

MusicalLawyer

I always thought student loans couldn't be statute barred (no idea why I think this), but i didn't realise that pre 1998 you were given a CCA as above.

Perhaps this type of loan can become statute barred also?

thechippy

In that case, I'd send an account in dispute letter based on the fact that what they have sent you is non compliant not containing the prescribed terms.

I would not worry too much about Capquests idle threats at this stage.

thechippy

KellyKing1987 wrote: »

I always thought student loans couldn't be statute barred (no idea why I think this), but i didn't realise that pre 1998 you were given a CCA as above.

Perhaps this type of loan can become statute barred also?

I can't see why not at this stage..

fermi

KellyKing1987 wrote: »

I always thought student loans couldn't be statute barred (no idea why I think this), but i didn't realise that pre 1998 you were given a CCA as above.

Perhaps this type of loan can become statute barred also?

Yes, they can.

thechippy

So when was a payment last made on this account?

fermi

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

Student loans

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) six years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.

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.

Someone who has a CCA for their loans would fall under the OLD STYLE ones.