📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Advice on Student Loan and Debt Collector

EYorks
EYorks Posts: 8 Forumite
edited 30 November 2012 at 6:58PM in Debt-free wannabe
UPDATE
I would appreciate some advice if possible. After UK based debt collectors CCI sent letters and acting upon advice, I ignored. I have now received a letter from a French debt collection agency claiming they are acting on behalf of the Student Loans company and I owe them the same amount CCI were quoting but in Euro. They are also saying they will obtain legal action to access my bank accounts etc. Can anyone explain whats happened to my debt?! Has CCI sold it on to France? Or has it gone back to the SLC who has sold it on to France? What jurisdiction does a French Debt Collector have over a loan originating in the UK? Would my loan not be statue barred by now? (Taken out in 1998) I just don't have the money available to pay right now or I would have already been on the phone to sort it out, Im a little nervous of the heavy handed nature of the letters so don't want to make contact until Im sure of where I stand.


_____________________________________________________________
I graduated in 2002 and took the full loan from 1998 entry. I moved abroad to France pretty much straight after and sent them my contact details. I never received any communication. I phoned them again in 2004 with my details and still no communication. I then moved address, stopped work and had three children. I haven't worked since 2009 and don't plan on going back any time soon. I have always however planned to pay it back once back in employment and in a situation to do so.

I have now received letters from a debt collection company CCI and their legal department saying they will start proceedings to get back the money.

My questions are:
1. What are my rights if I am not working regarding repayments?
2. Can they instigate legal proceedings over me from the UK whilst Im in France?
3. The amount they're asking for is about 14% of what I actually thought I owed. If I pay this is the debt considered settled and my file with the SLC will be closed?
4. Should I ignore their contact or should I respond? If so, what should I be communicating to them?

Thank you for your advice.

Comments

  • pauletruth
    pauletruth Posts: 1,133 Forumite
    hi first question was the loan one that you had a credit agreement with the old style student loan.if you dont have the info get it as it could be important.

    second have you made any payment or written confirming you owe the debt. telling them you have moved does not count.

    do they know that you live in france. the debt collectors can't take you to court in the uk over this debt as your a non resident. they could try to take you to court in france but less likely.

    first step would be a prove it letter to see if it was a loan covered by the cca. next step if its old style is to challenge the debt as being barred as its not been acknowledged in the past 6 years.

    the amount will be the arrears that they believe you owe. you still owe the other 86% has not gone away.

    if you had deferred payments every year you would have had no arrears. however even if you deferred now you would still owe the outstading amount.

    as all debt collectors any letter you send dont sign your name.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    edited 14 November 2012 at 10:18AM
    Can you prove that you informed SLC of your addresses?

    Have you been contacted by an English or French debt collector?
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    pauletruth wrote: »
    hi first question was the loan one that you had a credit agreement with the old style student loan.if you dont have the info get it as it could be important.

    second have you made any payment or written confirming you owe the debt. telling them you have moved does not count.

    do they know that you live in france. the debt collectors can't take you to court in the uk over this debt as your a non resident. they could try to take you to court in france but less likely.

    first step would be a prove it letter to see if it was a loan covered by the cca. next step if its old style is to challenge the debt as being barred as its not been acknowledged in the past 6 years.

    the amount will be the arrears that they believe you owe. you still owe the other 86% has not gone away.

    if you had deferred payments every year you would have had no arrears. however even if you deferred now you would still owe the outstading amount.

    as all debt collectors any letter you send dont sign your name.

    You don't defer new style loans, only the pre 1998 mortgage style loan.
  • EYorks
    EYorks Posts: 8 Forumite
    edited 14 November 2012 at 10:39AM
    Thanks for your reply. I think its the new style loan post 1998, we were the first year.

    I only phoned them, I don't believe I've ever written to them.

    Yes, somehow they've found my new Address in France. But not from me. Its an English company called CCI.

    When you say write to them and ask for proof could you elaborate? I have very little paperwork to do with the whole loan and have no idea what the balance, interest, fines are since I graduated.

    I also don't understand why they would not ask for the whole amount. And also who would I owe the remaining money to? The debt collector or SLC?

    Also I have 7 days to respond. What should be my immediate first action?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    EYorks wrote: »
    What should be my immediate first action?

    Get in touch with National Debtline - Freephone 0808 808 4000

    The online factsheet on these sorts of issues seems unavailable at the moment, but if you give them a phone then they may be able to help with your next steps.

    It is possible that all or some of the amounts they are seeking to recover are statute barred. However, that can be quite complicated with the new style loans as the 6 years for them to take court action depends on when your income first made you liable to pay.

    Plus of course they always retain the option of deduction via wages, whether statute barred or not.

    However, you are wanting to stop the court action primarily, so it is possible that could be time barred and can be stopped, even if nothing else is.
    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
  • EYorks
    EYorks Posts: 8 Forumite
    edited 14 November 2012 at 2:52PM
    Thanks, I managed to call them and they were very helpful.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    You can also email them. See their site.

    They also have a Rep on here. I'll try to see if I can get them to take a look at this thread, but can't promise.
    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
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 14 November 2012 at 3:26PM
    Hello there.

    Glad you managed to get through to an adviser, also glad to hear that you find our service helpful.

    If you need to call us again, the number from overseas is: +44 121 410 6200.

    Thanks and best wishes,

    David @ NDL.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Thanks for getting back to us. I hadn't seen the post edit above until just now.
    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
  • Can anyone help with the above update?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.3K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.