Can an SLC 'debt' be statute barred?

FutureGirl

I have received a letter regarding an old student loan from debt collector saying I owe £1990.00.

I am unsure when this was from but looking back at my old student loan stuff online I believe it to be from 2012/2013, where I may have been incorrectly paid one of the grants by the SLC. I was paid a grant in the Oct 2012, and then Feb 2013, then they decided about 2 weeks later they miscalculated and I wasn't supposed to get the grant and I had to pay it all back (both the Oct and Feb amounts).

The question I am unsure of, is can this become statue barred?

I currently work, and pay towards the old student loans I had, however, this figure of £1990.00 has been sent from a debt collection agency who the SLC have passed this onto.

If it can be statue barred, when would the date be from? Would it be from when they paid me, or when they sent the first letter noticing they had overpaid me?

From my account I can see they sent a letter on 21/02/13 advising me that I was entitled to the grant, then I got another letter 4 days on 25/02/13 later saying it was an overpayment. So does the clock start from 25/02/13?

Bogalot

Excuse my confusion, but why would you not want to repay money lent to you by the public purse?

FutureGirl

I'm merely asking if it can be statute barred.

I currently pay back my student loan via my wages. However, this additional £1990 they have sent to a debt collector. I couldn't pay it back straight away due to needing it for rent etc as I was told I'd get that money, so budgeted my accommodation based on that.

They then tell me part way through the year, 2 different amounts I'm entitled to. Finally settling that they overpaid me £1990. They could have taken this money back from years afterwards, but they didn't. They are coming to me now, years later.

Not saying I won't / don't want to pay it. But if it can be stature barred then it makes it easier for me to pay a smaller amount pm towards it once it's barred.

agrinnall

Now they've asked you for it expect them to take you to court if you don't pay before the date when it would become statute barred (I don't actually know if it can be). I'd suggest contacting them to make an arrangement to repay the full amount owed over time before the amount escalates out of control and you end up with a CCJ.

silvercar

I would think you have 6 years from when they first notified you that you need to repay it, so I would think 25/02/13. Remember they only need to write to you to start the clock.

[Deleted User]

IIRC they can't be SB

silvercar

This isn't a loan in the normal sense of student loans (that can't be statute barred), it is a grant that has been recalled.

A grant would normally not be repayable, so the special rules that prevent student loans from being statute barred wouldn't necessarily apply here.

OP was given money that shouldn't have been given, so has been recalled. IMHO (and I could be wrong) any special legislation made for student loan repayments doesn't apply. Instead it is the contract made when the grant was given. That probably says that in the event of an error the amount is repayable, but I doubt it says anything about statute barring. OP can you check the paperwork?

That said, if the SLC manages to maintain that it is governed by the rules on loans, OP should be able to argue that it should be repayable in the same way and terms as other student loans ie 9% of their income above the threshold.