Debt collection agency

PaulJones123

Hi there,

My gf received a letter from Advantis Credit (debt collection agency) stating that she owed a debt from student loans company for £2300. We're not in the position to afford this debt and wanted them to prove what the debt was for as we'd received nothing from student loans.

We sent them the first letter of the 3 letter process for debt collection which stated we wanted them to prove the debt within 10 days, stop phone calls etc.

They haven't responded to this letter. Shall we continue with the 2nd letter of 3 letter process? Then continue with the 3rd letter if they don't respond to that? Or do we just leave it now as they haven't responded.

Thanks for any advice given.

sourcrates

Hi,

The 3 letter process you describe (from a website I know well) is mostly twaddle, and majority of it has no basis in law.

You have done the correct thing in writing to ask for proof, but you should of used the template letter from this site, as it's carefully worded so as not to acknowledge the debt.

They won't stick to your guidelines, anymore than you will stick to there's, typically it takes about a month for a DCA to respond to these things, as they have to get the required proof from the original creditor, in this case the student loans company.

If still no response after a month, write again with a reminder.

datlex

The Students Loan company send out statements each year. They also have a website. Why not check out details on their website using her student loan number. That will show you what she owes. If you cannot afford to pay i.e. your salary is too low you can apply for a deferment, again info on their website.

PaulJones123

Thanks for your advice.

I'm unsure as to how they'd prove she owes this debt. She only earns £13000 a year and be employed for about 8 months since leaving uni. Her threshold is £21000 before she should have to start pay anything back as she started 2012 so don't know where they've come up with this figure as she's well below having to pay back anything yet.

It seems like there has been many success stories on this other website, are these not real success stories then using the 3 letter process?

I will check her student loans statement online and see what is says thanks for the advice
I will wait for a month to see how they'll respond or send another letter for proof.

sourcrates

PaulJones123 wrote: »

It seems like there has been many success stories on this other website, are these not real success stories then using the 3 letter process?
.

In letter one, you ask the creditor/DCA to provide evidence/proof, that the debt is owed.

They either respond with said evidence, or they don't, the "success" stories are the ones where the creditor could not prove liability.

Being lord so an so of the land of nod, or you not having a contract with said company, makes no difference in law as to weather you are liable for said debt or not, it all hinges on weather said creditor can confirm liability or not, by producing evidence.

Letters two and three are utter rubbish and have been proven to be in court.

PaulJones123

Hi,

Thanks for your advice. They've responded now and said that the debt is in relation to grant overpayment. Then gone on to explain different ways in which grant overpayments can occur.

This hasn't really explained much to either of us so we've sent a further request for proof of the debt owed and her liability to it.

Will post back here for more advice once they've responded.

PaulJones123

sourcrates wrote: »

In letter one, you ask the creditor/DCA to provide evidence/proof, that the debt is owed.

They either respond with said evidence, or they don't, the "success" stories are the ones where the creditor could not prove liability.

Being lord so an so of the land of nod, or you not having a contract with said company, makes no difference in law as to weather you are liable for said debt or not, it all hinges on weather said creditor can confirm liability or not, by producing evidence.

Letters two and three are utter rubbish and have been proven to be in court.

UPDATE:
They have now passed the "debt" back to Student Loans Company as they could not prove she was liable for any debt.

Sourcrates, the 3 letter process we used does not mention anything to do with Lords. It simply asks for proof of the debt. This is the case for letters 2 and 3 also.

sourcrates

PaulJones123 wrote: »

UPDATE:
They have now passed the "debt" back to Student Loans Company as they could not prove she was liable for any debt.

Sourcrates, the 3 letter process we used does not mention anything to do with Lords. It simply asks for proof of the debt. This is the case for letters 2 and 3 also.

Yes but why send 3 letters when one will suffice ?

Well done anyway !!!