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Chased for old student debt..

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  • sleepyjones
    sleepyjones Posts: 6,092 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 28 March 2021 at 12:40AM
     In Scotland debts become statute barred after 5 years so my suggestion would be to write to the student loans company to get a Subject Access Request to see all the information they hold on you. 
    That doesn't apply in this case, I'm pretty sure.
    "From September 1998 new style or ‘income contingent’ student loans include rules to say that repayments will be automatically deducted directly from your wages or through your tax return if you are self-employed. This means that the Student Loans Company (SLC) are still allowed to take money from your wages for a loan over five years old as they do not have to go to court to do so."
    https://www.nationaldebtline.org/fact-sheet-library/time-limits-recovering-debts-s/

    When are outstanding loans wiped?
    When you reach age 65
    (In Dec 2018, this was changed to the earlier of “when you reach age 65 or 30 years from the April you graduated” - Scotland only)
    https://blog.moneysavingexpert.com/2017/05/will-student-loan-written-off/

    It MIGHT be the case that they will consider your 2nd and 3rd loans as part and continuation of the original course you started in 1997,  so they MIGHT class them all as pre 1998, in which case the statute of limitations would apply.  Also worth noting that deferring a payment will be classed as acknowledging the debt, so that will restart the 5 year timer, but if you haven't done that in the last 5 years (which it appears you haven't) it shouldn't matter.
  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 28 March 2021 at 1:10AM
     In Scotland debts become statute barred after 5 years so my suggestion would be to write to the student loans company to get a Subject Access Request to see all the information they hold on you. 
    That doesn't apply in this case, I'm pretty sure.
    "From September 1998 new style or ‘income contingent’ student loans include rules to say that repayments will be automatically deducted directly from your wages or through your tax return if you are self-employed. This means that the Student Loans Company (SLC) are still allowed to take money from your wages for a loan over five years old as they do not have to go to court to do so."
    https://www.nationaldebtline.org/fact-sheet-library/time-limits-recovering-debts-s/

    When are outstanding loans wiped?
    When you reach age 65
    (In Dec 2018, this was changed to the earlier of “when you reach age 65 or 30 years from the April you graduated” - Scotland only)
    https://blog.moneysavingexpert.com/2017/05/will-student-loan-written-off/

    It MIGHT be the case that they will consider your 2nd and 3rd loans as part and continuation of the original course you started in 1997,  so they MIGHT class them all as pre 1998, in which case the statute of limitations would apply.  Also worth noting that deferring a payment will be classed as acknowledging the debt, so that will restart the 5 year timer, but if you haven't done that in the last 5 years (which it appears you haven't) it shouldn't matter.
    It does apply, there’s no MIGHT about it, because the first loan was taken out in 1997 so all subsequent loans were also on the same plan which was the old mortgage style student loans. Hence why the OP was applying to defer all his loan until 2012 when he just stopped. If they were plan 2 loans he wouldn’t have been doing that. 
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