I already posted this in the retail/student forum but have had no response and need some advice, hence posting in General debt forum Hello CAG, some advise would be well appreciated. I have 3 pre 1998 student loans that I have always defered due to never meeting the re-payment criteria. Anyway, due to moving around and a mix up, my student loans are now not defered and I am been chased for the balance of the loan by debt company. My student loan was last acknowledged in February 2009 (via me signing a deferment form), so it is definatly not statute barred. I havent made an offer of payment or been in written contact since my deferment back in Feb 2009 Anyway I recently checked my experian credit file and a default by the student loan company has been registered on the 1 Nov 2010...there doesnt seem to be any judgments issued against me (im in scotland). I have a copy of my student loan agreements from a few years back, they are clearly photocopies from a microfiche, very poor quality. But on the terms and condition there is no provision for the reporting of a default of the loan to a credit refrence agency. So how do I go about getting the default removed from my credit file, ...who is best to contact over this and what sort or law can i quote to best ensure that the default is removed...I believe that the best route for me to go is to write to the student loan company and remind them that they have no rights (as stated in original loan agreements) to report my student loan account to a credit refrence agency and that I have never given them permission to do so, but I dont kow what letter or laws to quote at them. GC

Hello CAG, some advise would be well appreciated. I have 3 pre 1998 student loans that I have always defered due to never meeting the re-payment criteria. Anyway, due to moving around and a mix up, my student loans are now not defered and I am been chased for the balance of the loan by debt company. My student loan was last acknowledged in February 2009, so it is definatly not statute barred. I havent made an offer of payment or been in written contact since my deferment back in Feb 2009 Anyway today I checked my experian credit file and a default by the student loan company has been registered on the 1 Nov 2010...there doesnt seem to be any judgments issued against me (im in scotland). I have a copy of my loan agreements from a few years back, they are clearly photocopies from a microfiche, very poor quality. But on the terms and condition there is no provision for the reporting of a default of the loan to a credit refrence agency. So how do I go about getting the default removed from my credit file, ...who is best to contact over this and what sort or law can i quote to best ensure that the default is removed... GC

I took out 4 student loans (old style) in 1992-1995. Over the years I have either paid back through been employed or deferred through not earning enough or been unemployed. currently my student loan was deferred up to 19th april 2010 to when the deferrment period ended. Anyway I am having problems trying to defer my student loan for this year 2010, the reason is that in the 2009 - 2010 tax year, I was for the first time self employed. I filled out my self assesment form (2009-2010) online and made my returns. I only earned around £7000 for my first year of self employment. I am currentl getting phone calls from student loans but when i explain I was self employed for the 1st time, they dont seem sympathetic to my current predicament. How do I go about getting an official copy of my tax return from HMRC showing my complete earnings for the year 2009 - 2010 so I can send it to the student loan company so I can defer for another year. I am also thinking about going down the route of ignoring this deferment and holding out for the 5 year statute barred (scotland) Its already over 16 months since the debt was last acknowledged in writing but I am concered that they will attempt to put something on my credit file, even though the original terms of the agreement doesnt allow for the debt to be reported to a credit agency. G

I have a big problem with scottish hydro and need to find an address to write to them, the address I have : is the correct place to write too? Scottish Hydro Electric Grampian House Perth PH1 3GH

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Some advice is needed in regard to my eltricity company, but will cover some topics in the DCA forum. I moved into my flat 8 years ago and was on a pre-payment meter with Scottish and Southern eltricity. Around 2004/05 the meter was changed to another pre-payment meter. In August this year I decided to come of pre-payment and go to monthly bill and pay by direct debit. A new meter was put. Im still with scottish and southern. I pay £30 a month via direct debit. Anway to the problem , yesterday I logged into my online bank account and noticed that a payment was in the process of going through for over £550, taking me well over my overdraft limit and would have caused me severe financial hardship as well as bank charges and non payment off other direct debits that I need to pay. I phoned my bank and got an excellent lady whom I informed that I hadnt authorised the debit off £550, she said the it was due to come of on Monday and that it would be immediatly cancelled. I understand that with pre-payment the amount that I paid per unit would change and that my meter wouldnt have been updated regularly and that they are trying to reclaim the difference. At no time have I recieved a bill informing me of the amount that I owe, or how that it would have been calculated. Anyway I need to know how best to deal with this on several levels 1st: what the elctric company did was wrong and I would like to report them to the relevent authorities and regulator. how do I do this? 2nd: I never authorised a direct debit of £550, surely that cant just take the money like this? is this illegal? 3rd: The electric company will discover sometime this week that I never paid, I dont want this escalated so that a DCA will become involved and that my credit rating is affected. I need to put this account into dispute. 4th: Did I read in this forum that the electric companies in regards to pre-payment meters can only claim backdated money for a maximum period of 2 years? I want to make them know that I am aware of this ruling 5th: I want to do a data protection Act section 10 and get all information they have about me and to find out how they cam up with this figure, how it was worked out and what calculations are used. Not sure if I can think off aything else. G

I have a question about defaulted debt and when it is recognised as a defaulted debt (in relation to credit agrreements) In 2000 I took out a Career Developmnet Loan (through Barclays)for about £3500, anyway I never paid it back as the training provider supplying the training went bankrupt... My last acknowledgment of this loan was via the one payment I did make was around mid summer 2000. After that I never kept up with payments and never had any more dealings other than over the telephone for about 1 year. So my question is when is the debt recognised as been defaulted on? Would it be when i have missed my second payment? Or when barclays decided that I have no intention of paying it back and have given up on it? The debt was never listed as defaulted on my credit file ( i have checked file at least once a year since 2000) and I cant ever recall recieving correspondence from Barclays that the debt was defaulted or had been passed onto a DCA. The reason that I ask is that in this current economic climate, could my debt be listed on my credit file as defaulted by some unscruplious DCA as been defaulted on in 2008 thus hurting my credit worthiness. I do realise that the debt is staute barred and that they have no hope of obtaining money from me.

Just recieved a letter from Barclays bank concerning a Career Development Loan I took out in 2001 to do a computer training course. I never did the course as the training provider went bankrupt although they gladly accepted the fees which were paid directly by Barclays to the training provider ( that alone should be grounds for getting the loan cancelled as per terms of CCA74 ). anyway Barclays chased me for the debt for about 1 year, then I never heard anything else from them....the debt was never passed onto a DCA and it never showed up on my credit file. In fact until today I hadnt heard a single thing about this........ Then this morning I recieved a letter from Barclays...It wasnt demanding money and gave no indication of the amount of money owed.........but the letter was informing me that my loan account number was changing as the result of a change in Law........And that I was now getting a new Account number and a sort code............Are Barclays trying to change the Career Development loan into a bank account? Is there different rules regarding loans to bank accounts..........Anyway they are about to recieve a big STATUTE BARRED letter......Nip this one early before it gets to DCA stage

sorry, please ignore last comment, just checked the CCA on my student loans and it does say that if you were 40 or older when the LAST loan agreement was signed then the age for cancellation is 60.....

Im certainly no expert on this matter, but the way I see it is that you took out 4 individual loans (each one has a different refrence number and terms and conditions which you signed for on your 4 seperate loan agreement forms) so the 3 loans that you took out while under 40 means that the 50 year old rule should apply and the one loan that you took out while at 40 means that the 60 year old rule should apply. Write to the SLC and ask for the 4 copies of your CCA and just use the terms and conditions that are clearly written on each CCA as your defence for getting the 3 loans written off........i.e your first loan in 1991 you were clearly under 40, therfore loan has expired...........dont let the SLC lump all your loans in as one super loan.........

Got a problem with stirling park debt recovery (scotland) Last years council tax arrears got passed on to stirling park (in april). For about £180. I phoned them up in april and informed them I was on Jobseekers allowance; it was agreed over the phone that I would pay £10 a fortnight, i havent kept to the repayment plan, instead ive being paying about £10 every 3 weeks (made 3 payments). Anyway last Friday I got a message left on my answer phone asking me to contact them (i never bothered) anyway today I recieved an Immediate action letter; saying that they were going to enforce the summary warrant unless I contact one of their debt advisors regarding repayment (no chance im going to phone them) Im going to write to them informing them im on JSA and that they are unduly harassing me for payment that I cant afford. I remember from a some previous thread that while on JSA that the debt recovery agency (with regards to council tax arrears) are only allowed to demand £3 per week.......from your JSA...... I would like to remind striling park of this obligation via letter Am i correct in my thinking that all they can ask for is £3 per week from JSA G

Just looking for some opinions, An old student loan, pre 1998, always been defered (never earned enough) and hasn't been handed over to any DCA... In January, I requested a copy of the CCA..... I got a copy of CCA on an A4 size of paper, with what looked like all the prescribed terms and conditions...... The CCA its self was barely readable and it is clear that it has been pulled of a micro fiche and copied onto A4...... My question is, is a copy of a CCA that has been pulled of micro fiche an enforceable document?

did you send in the deferment letter? or do you contest that the deferment letter doesnt constitute an acknowledgement of the debt?

Incapacity question, In the past 18 months my father (in his fifties) has been certified by the doctor as been unable to work as well has having been assesed by an independent body as unable to work. When he applied for incapacity benifit he was told that he couldnt recieve it, but that the would pay his N.I stamp. My father used to be self employed and over the past 6 years or so let his N.I contributions slip . As a result that is why he wasn't able to claim incapactiy benifit as the way I understand it, you have to have your N.I contributions up to date for the 2 previous tax years to be able to cliam incapacity. i belive that come the end of this tax year my fathers N.I contributions will be up to date albeit that they have been payed by the govenment... Am i right in thinking that he can now re-apply for incapacity benefit (form SC1)? As I have been recently told that the type of national contributions that the government pay on his behave are not the correct type of contributions and that only the type of contributions payed from been in employment will account? Any advice as I' am completely confused......

My guess is that the account is coming up to the 6 year statute barred time frame and they are just looking for a quick payment.. U should check your credit reference file to see when Barclays actually defaulted the account, at least that way you will have a little more information available to you.