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Statute Barred Question

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sewn9090sewn9090 Forumite
4 posts
First Post
MoneySaving Newbie
Hi, I think I already know the answer to this, unfortunately.

But, just incase. I last made a payment towards an old style Student loan on the 9th of March 2014. I was contacted by a recovery agency on the 7th of February, asking if I was, who they thought I was, and to please contact them. I sent a template letter back, on the 12th of Feb, provided by the National Debt Line, back to them admitting no liability to the loan and for them to prove it wasn't Statute Barred.

Today I received a letter back (dated the 4th of March) showing I last made a payment on the 9th of March 2014.

As I type that out it seems even more obvious that I am eligible to pay. I only wondered that, because I hadn't admitted liability to it, and that by Tuesday it will be past 6 years.

Replies

  • edited 7 March at 6:33PM
    sourcratessourcrates Forumite, Board Guide
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    edited 7 March at 6:33PM
    Yes it will still become statute barred on Tuesday, 
    2014 is 6 years ago, the letter you send didn’t admit liability, so your in the clear.

    Anyone writing to you after Tuesday, you will have a statute barred defence.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • edited 7 March at 6:54PM
    sewn9090sewn9090 Forumite
    4 posts
    First Post
    MoneySaving Newbie
    edited 7 March at 6:54PM
    I was worried that because they had replied in time, proving it wasn't statue barred, I would be eligible.

    Is all that communication null and void then? because I hadn't admitted liability? Even though my name and address was on the letter?

    How should I reply to this letter, or any that follow?

    Sorry for all the questions, and thank you for your time and help.
  • edited 7 March at 10:14PM
    sourcratessourcrates Forumite, Board Guide
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    edited 7 March at 10:14PM
    Makes no difference what they may say to you, you have to either, make a payment to the debt, or write and say to them, oh about that money I owe you, that is acknowledging the debt, nothing you have done has done that, the debt will be statute barred on Tuesday.

    Any future correspondence you send the SB letter.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • edited 14 March at 10:00PM
    sewn9090sewn9090 Forumite
    4 posts
    First Post
    MoneySaving Newbie
    edited 14 March at 10:00PM
    Quick update. Today I received another letter from the debt recovery company. They told me in their previous correspondence that they would forward onto me proof of my last deferment dates. Proving that the loan wasn't Statute Barred.

    They have indeed done that. And i'm left a little confused, as though I'm missing something.

    The copy of the deferment letter they received back from Student Loans, and forwarded onto me, was signed and dated, by me on the 21.1.13. But in their first letter they stated I last deferred on the 10th March 2013.

    Their inclosed letter even states 'please find enclosed a copy of your signed deferment application form to defer your payments for the period 10th March 2013 to the 9th March 2014.

    Then, the rest of their letter basically repeats them asking me to contact them with using their 'Income and Expenditure' form.

    They seem certain that my loan isn't statute barred. But the evidence they have sent not only contradicts their dates but also proves that it is.

    Could there be another reason why the loan wouldn't be statute barred?
  • sewn9090sewn9090 Forumite
    4 posts
    First Post
    MoneySaving Newbie
    Polite bump.
  • edited 16 March at 4:32PM
    sourcratessourcrates Forumite, Board Guide
    20.2K posts
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
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    edited 16 March at 4:32PM
    sewn9090 said:
    Could there be another reason why the loan wouldn't be statute barred?
    Nope, they just want the money out of you.

    I would write back stating that their own evidence now proves the debt is statute barred, enclose a copy for their perusal, and if they are so certain of their position, you will see them in court, otherwise tell them you will no longer enter into any further correspondence on this matter.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
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