Statute Barred Limitation Act 1980 & Default advice?

bery_451

fermi wrote: »

That is a lie. They are covered by the Limitations Act.

The things is though, the Limitation Act just bars legal action to recover a statute barred debt. It doesn't bar anything else.

On the new style post 1998 student loans, while legal action can be barred, they don't need it as those loans are deducted from source on your salary. The Limitations Act doesn't bar them collecting them that way.

Thanks can you show me a link where it says ICR loans are governed by the limitations act so I can show it to them.


Cheers,

bery_451

fermi wrote: »

That is a lie. They are covered by the Limitations Act.

The things is though, the Limitation Act just bars legal action to recover a statute barred debt. It doesn't bar anything else.

On the new style post 1998 student loans, while legal action can be barred, they don't need it as those loans are deducted from source on your salary. The Limitations Act doesn't bar them collecting them that way.

I was thinking whats the point of SLC being governed by the limitations acts when this act cant do anything to this company like you saying.


Its like the streets being governed by the police to stop crime yet the police cant do any action to stop crime at the streets.

rizla_king

Tell them to show you the bit of legislation that makes them exempt. They won't be able to because there isn't any.

bery_451

What if debtor didn't pay the SLC in the last 6 years cause the debtor wage during those 6 years was less than £16365 per annum. Can the debtor use the limitations act against SLC so SLC doesn't hassle the debtor with paperwork through the post meaning the debtor is free from student debt?

rizla_king

No because time only starts ticking on the 6 years when you become liable to start paying back. So Limitation Act would only apply where for some reason you should have paid back but it wasn't taken. Maybe you were abroad or something where it couldn't be deducted from your wages. So student loans are not exempt from the Limitations Act but the time the 6 years starts is a bit different to many debts.

bery_451

I remember receiving a CCJ nearly 10 years ago and the judgement said liberty to restore.


What does this mean?


Can I statute barred this debt or what can I do to stop them pursuing this debt?

leveller2911

bery_451 wrote: »

Can I statute barred this debt or what can I do to stop them pursuing this debt?

Pay them?.............Just a thought.

Banging on about the debt for nearly 3 years on here it would be less heartache/stress to just pay them and they will be gone..

sourcrates

bery_451 wrote: »

I remember receiving a CCJ nearly 10 years ago and the judgement said liberty to restore.


What does this mean?


Can I statute barred this debt or what can I do to stop them pursuing this debt?

Liberty to restore explanation here :

http://www.lawgazette.com.sg/2003-10/Oct03-feature3.htm

CCJ's don't become statute barred, a creditor usually has 6 years in order to excercise there rights, any longer than this, they would need to go back to court and seek permission to act from a judge.

They would need a good reason as to why they had not acted sooner.

fatbelly

bery_451 wrote: »

I remember receiving a CCJ nearly 10 years ago and the judgement said liberty to restore.


What does this mean?


Can I statute barred this debt or what can I do to stop them pursuing this debt?

That doesn't make sense. If you still have the judgement can you post the full sentence.

Also, in what way are they pursuing this?

bery_451

leveller2911 wrote: »

Pay them?.............Just a thought.

Banging on about the debt for nearly 3 years on here it would be less heartache/stress to just pay them and they will be gone..

This CCJ debt isn't related to the debt earlier in this thread.