Link financial student loan CCJ

shelli2475

Hi all

Wondering if someone can give me some advice - I had a student loan in 1994, this was CCJ'd in 1999 - I have heard nothing about this since but I have had a call from Link Financial regarding this. I told them that I believed the debt to be statute barred but I have had a call from them today saying that as the debt had been CCJ'd this did not apply and that the balance is now outstanding. I have worked really hard over the last few years to sort out the mess that I got myself into and there is nothing re this on my credit file. Is the debt inforcable? I have no idea what to do now or who to get help from and would be grateful if I could get some advice.

Thanks.

BugsyBrowne

If the creditor has previously taken you to court and you have received a County Court Judgement, you will be unable to use the Limitations Act 1980 to dispute the debt. If the judgement is over 6 years old the creditor may need the permission of the Court to enforce the debt.

shelli2475

I have found this information off the internet - thanks though - any suggestions on how to move forward? I am not trying to get out of paying but as I said I have worked really hard to clear the debts I had and I have had no contact from this one in about nine years - I have moved house but I have always had a bank account and credit reference agencies have all the information for this. How on earth can it be justified that they have never chased me for it until now - I wouldn't mine but barely remember where I was 18 years ago let alone the loan. The problem is now will this all be stacked on my credit file again? Is it worth saying 'have the court given you permission to pursue the debt"? and going from there.

Tixy

You still owe the money and the debt collectors are entitled to chase the debt and do not need court permission to do so.

They would only need court permission if they wanted to take enforcement action (such as apply for an attachment of earnings against your wages, instruct bailiffs, apply a charging order against a property you own etc).

Just being chased by the debt collectors won't mean anything appears on your credit file in relation to this debt. The debt itself will never appear back on your credit file.
The only very unlikely way it could affect your credit file after this time would be if the creditor/debt collector successfully petitioned to make you bankrupt. But thats obviously unlikely.