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Link Financial
cjbaps
Posts: 76 Forumite
Hi all,
It's been a while since I was last on here. Please redirect if this should be elsewhere! My partner had a student loan from the 1990's and around 2004 acquired a CCJ for this debt. We were paying this off for a few years then for some reason no payments were made from around 2008. Then in 2012, a letter from Link Financial arrived (which was very vague and made no reference to what it was for). He phoned and was told it was student loan debt. I had never heard of Statute Barring until recently, and had made written contact with them (around about 2012) asking for statements on his behalf. We have moved house several times since last contact so not sure how best to play this, and I'm now reading information that the SLC have messed up. Should I just wait to see if they trace us again!? I know it's not the best attitiude, but they have underhand tactics - writing to his 86 year old mother!!! He hasn't lived with her for many years!!
Where do we stand given that there has already been a CCJ granted in 2004 for this?
Happy to clarify any points - it's 5am almost (and I'm on a nightshift)
It's been a while since I was last on here. Please redirect if this should be elsewhere! My partner had a student loan from the 1990's and around 2004 acquired a CCJ for this debt. We were paying this off for a few years then for some reason no payments were made from around 2008. Then in 2012, a letter from Link Financial arrived (which was very vague and made no reference to what it was for). He phoned and was told it was student loan debt. I had never heard of Statute Barring until recently, and had made written contact with them (around about 2012) asking for statements on his behalf. We have moved house several times since last contact so not sure how best to play this, and I'm now reading information that the SLC have messed up. Should I just wait to see if they trace us again!? I know it's not the best attitiude, but they have underhand tactics - writing to his 86 year old mother!!! He hasn't lived with her for many years!!
Where do we stand given that there has already been a CCJ granted in 2004 for this?
Happy to clarify any points - it's 5am almost (and I'm on a nightshift)
Gimme back my bank charges!!!!!
0
Comments
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All the options are still open to you - except a statute barred defence. There is already a ccj on this, though admittedly that information may not have got through to the dca.
I'd wait till they contact you, then post again. Are there other debts or is this the only one?0 -
You have 6 years to enforce a judgment before it becomes time barred, creditor would need to go back to court to explain why no enforcement action had taken place in those 6 years, Some creditors wait to enforce if they know the debtor is in financial difficulties in the hope that at some stage the debtor's situation may improve. others take the view that it is important to keep maximum pressure on a debtor and to try and recover monies before other creditors do.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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Yes, not statute barred as such but a court may consider that they have not acted to enforce the debt soon enough and therefore not give permission. National Debtline set out the legal basis on this thread:
https://forums.moneysavingexpert.com/discussion/comment/63806369#Comment_638063690
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