Pre-1998 Student Loan / Statute barred advice needed

GM1880

National_Debtline wrote: »

Hi GM1880


The fact that interest is being added does not indicate whether you have defaulted on the debt or not. However we know you have defaulted because you have not been paying. The best route now is to see how they respond to the statute barred sample letter.


Good luck


Susie
@natdebtline

Thank you Susie. I suppose I queried whether I had strictly speaking defaulted on it because there's nothing on my credit file. Though the first time I checked my file was a year ago. So it's feasible that they hadn't reported to the CRA at all or that they had reported it, but it's been so long now that it's dropped off. But if that's the case, I'm surprised they didn't get a CCJ before it dropped off.

Priority one here it to avoid anything negative on my credit report as a result of this. If it means I need to pay it off, then I will, but if I don't need to and there's no black mark on my credit file then that's a bonus. My only concern is that there's any way it can cause me issues in terms of a new default or even a CCJ. But hopefully before that were to happen (if it could) I'd have the chance t settle it.

I sent the letter earlier this week, so will report back. Thank you for your help.

GM1880

No response yet to the letter.

Oddly Clearscore’s saying a new account is being added to my next report. Hope it’s not this. Cannot imagine how it could be. But reading up about Link, they seem pretty dodgy.

GM1880

So, false alarm with the Clearscore thing, but no response to either of my SB letters, one of which was recorded, but the post office's system cannot log them as being delivered (oddly nor can they a parcel which I do know was signed for).

But, they're still calling me every day. I've not been answering. I may resend the letter via email and post again. But if no response to them, what next?

While I'm not sure the debt is outstanding, I cannot figure out a way to check, but either way I'm sure it is statute barred. Part of me just wants to offer them a full and final settlement to go away even though it's statute barred. I don't like the idea of them being able to continue to chase me even though it wouldn't be enforceable through the courts.

National_Debtline

Hi GM1880


Once you have raised the statute barred issue, a debt collection agency (DCA) should stop asking you for payment until they have proved the debt is not statute barred. You may want to take one of the calls and tell them that all future contact must be in writing, otherwise you will consider it a case of harassment. If there is any doubt whether they have received the sample letter you sent, do it again by recorded delivery.


If they continue to pursue you without proving the debt is not statute barred, that will be grounds for complaint. Raise it with the DCA first, but if you are not happy with their response you can take your complaint to the Financial Ombudsman Service (FOS) www.fos.org.uk. They can investigate complaints about old style student loans as they are regulated debts.


Of course if you prefer to negotiate on the debt you can, but it sounds like your confident the debt should be statute barred and therefore you wouldn't need to pay anything. I hope you can finally get the matter resolved.


Susie
@natdebtline

GM1880

So,

After a month or so of nothing, suddenly the calls from the DCA are starting again. I've had no response to my letters, including both recorded delivery letters saying it's statute barred aside form an annual statement.

Next plan?
1) Take a call and ask for a response to my letter
2) Report them?

National_Debtline

Hi GM1880


Sorry to hear this is dragging on. Have you checked whether your recorded delivery letter was signed for? If it has it means they should have either proven the debt is not statute barred or stopped pursuing you.


If that has not happened it's time to complain. A complaint is best in writing, again use recorded delivery if you are sending a letter and make sure you mention you will be contacting the FOS. If you are not happy with their response, or you don't get one within 8 weeks, then get in touch with the FOS (www.fos.org.uk). Hopefully you can get it resolved soon.


Susie
@natdebtline

sourcrates

I would not take the call, things can get quite messy and out of hand if you happen to get a call handler who thinks they know more than you do, most of the time you end up slamming the phone down swearing, (or was that just me ?) anyway, i would re-send the SB letter, then go the path of the ombudsman if things do not progress.

GM1880

Thank you both, I've just done that.

In part tempted to offer a modest full and final so it's completely tied up. Given it's not appearing on my credit file it may be the best way to get rid of it once and for all. Though from what I can see it's not enforceable at all. Though if I offer a F&F then I'd be more confident it'd not reappear a few more years down the line?

National_Debtline

GM1880 wrote: »

Thank you both, I've just done that.

In part tempted to offer a modest full and final so it's completely tied up. Given it's not appearing on my credit file it may be the best way to get rid of it once and for all. Though from what I can see it's not enforceable at all. Though if I offer a F&F then I'd be more confident it'd not reappear a few more years down the line?

That's certainly going to be your choice GM1880. Generally people don't tend to make an offer on a statute barred debt because the creditor has no means to recover the debt, and essentially you're spending money you don't need to.


Bear in mind if you make a full & final offer you still won't have paid the full balance of the debt. You need written confirmation a full & final payment has been agreed before paying the lump sum. It would need to confirm that the creditor would not pursue you for the remaining balance or sell the debt on, and you would need to keep that for your records.


You can find more details on full & final offers here https://www.nationaldebtline.org/EW/factsheets/Pages/fullandfinalsettlementoffers/lumpsumoffers.aspx


Susie
@natdebtline

GM1880

So, took a phonecall from them today, they claim not to have any of the emails or recorded delivery letters I've sent, so sent a copy to them via a new email address they've given me.

Such a disaster company!