Jonathan VS Student Loans Company

[thepeopleschoice]

All

I left university 15 years ago (1992) and now I arrive home to a message on the answer phone asking me to contact the SLC.

I only had a small loan and as I moved often and was on a low income I never contacted them or deferred, paid, etc.

I want to avoid any adverse credit rating, so what should I do?

Thanks Jonathan

[krysus]

As it's an "old style" student loan, regulated under CCA1974, I believe the debt will be Statute Barred as you state you've had not contact with them, and hence not acknowledged the debt, for over six years.

 

Have you made any payments to them in the last six years either? If you have, that counts as acknowledgement in itself, so it wouldn't be statue barred.

 

In any case, for the momemt, do not admit or acknowledge the supposed debt to SLC.

 

I'm sure someone will correct me if i'm wrong on this one.

[thepeopleschoice]

I have never had any contact with them in 15 years.

No payments No letters, ccj's, they don't show on my credit searches.

I would like to know how much I owe but don't want to contact them until I have got some advice.

[krysus]

As it's statute barred, although the debt still exists, it cannot be enforced.

 

They are fishing for you to take a bite and acknowledge the debt, as they no doubt know that it's unenforceable. Once you acknowledge the debt, the clock starts ticking again.

 

See this thread.

Wait until they send written confirmation of the loan, and send them the Statute Barred letter in that thread.

 

As for your credit rating, it shouldn't be affected - i believe Student Loans (old-style ones at least) don't go on your credit file (i never seen my student loans on my credit reports), and i'm sure they can't issue a CCJ or instruct DCA's once the debt is statute barred.

[Elco]

Has anybody sent a statute barred letter to the SLC or any of the debt collection agencies? It would be very interesting to see the reply. I have read that SLC try to wriggle out by stating that student loans come from public funds and are exempt from statute barring. Although I have never found anything on the web to confirm that statement. I had a nervous breakdown shortly after leaving university in 1997 which led to me being made homeless. I have been on sickness benefits ever since. It is only until recently that I have been well enough to piece my life back together. I have just moved into my own flat (at last!) My boyfriend has told me not to put my name on the electoral register as the SLC will track me down and demand a huge lump sum and interest. I have not been in contact with them. Do I have to pay anything? Does the SLC have an exemption from statute barring?

[Thepower]

Pre 1998 (old style) DO NOT SHOW ON YOUR CREDIT FILE!!!!

 

student loans were not suject to status and you did'nt give them permission to credit score or report on you...

 

...unless they get a CCJ, this is because all CCJs are shown on credit files.

 

its barred by LAW send them the letter and forget about these fools...

 

my 1993 loan is barred....

[thepeopleschoice]

Do people think I should send a letter or wait for them to contact me?

[Thepower]

Let sleeping dogs ....

 

the longer they leave it the stronger your case.

 

Keep checking your credit file in case of them going for a ccj, which you could have set aside worst case ...

 

thats what i'd do

[thepeopleschoice]

Now the SLC has sent a letter.

 

They want me to pay the full amount within 7 days?

 

or "my account being passed to your local court whereby we will commence enforcement of the existing Country Court Judgement, registered against you on the 11/05/94."

 

What should I do? In my job I can't afford a CCJ against my name?

 

Thanks

[lunagirl]

I too would like advice on this. I am in a similar position. I left uni in 1995 and owe just over £1000. The last I heard from the SLC until recently, was in 2001 when they threatened court action and requested details of my earnings etc.

 

Not wanting this to happen I sent them all the information they requested. The DAY AFTER I did this I received a court summons! They hadn't even given me time to reply before they went ahead. I went to the CAB for advice and they said there was nothing I could do about it. I was off work with stress at the time and I really can't remember what happened next but I didn't pay anything and the summons wasn't enforced. As I say, I haven't heard anthing until now.

 

Over the past couple of months I've had letters threatening legal action and then yesterday, I came home to find a message from a Glasgow legal department asking that I contact them as a matter of urgency. It can only be the SLC as I have no other debts. Where do I stand now? Will they go to the courts? I'm 52 and in receipt of Incapacity benefit. I left work in February this year do to stress and depression.

 

Many thanks

lunagirl

[lunagirl]

The legal department sounds like a private company - they left the name of the company. Could be debt collectors?

[krysus]

I'm 52 and in receipt of Incapacity benefit. I left work in February this year do to stress and depression.

 

Many thanks

lunagirl

 

I though that Student Loans are 'written-off' once you reach 50??

[lunagirl]

I just checked that out Krysus and it's 65! I was wondering also; if they had served a court summons on me, it would have shown on my credit file wouldn't it and it never has. Would this mean then that it's statute barred?

 

 

Many thanks.

[noomill060]

peopleschoice- you said there was no CCJs on your credit record- unpaid CCJs stay on it forever.

 

They claim they registered one against you on 11/05/94.

 

They are talking BLX- they are lying and trying to panic you into acknowledging the debt, which you do owe, but which is unenforceable.

 

You say you couldnt keep your job with a CCJ and that nothing shows up on your credit report.

 

According to SLC, you've had one since 1994.

 

Think about it...

[noomill060]

lunargirl- Student loans are only written off at age 50 if you were under 35 before you started your course.

[lunagirl]

Thanks for the info Noomill060. At the moment Mackenzie Hall are phoning everyday and leaving messages, seems they're pretty persistent!

 

Many thanks:)

[noomill060]

Is it over six years since you actively acknowledged the debt?

 

If so the debt is now statute barred. They cant enforce it unless you acknowledge it. They can ask you for the money back, but not harass you.

 

You need to send them a letter stating that you are aware that the debt is now statute barred and you do not acknowledge any debt to them.

 

There is a template letter for this somewhere, I'll try and find it.

 

In the meantime do NOT pay them or admit you owe them any money.

 

When they ring do not talk to them or confirm your name or address, just put the phone down and make a note of the times of each call.

[noomill060]

Amend as necessary

I DO NOT ACKNOWLEDGE ANY DEBT TO SLC

Dear Sir/Madam,

 

Acc/Ref No 1xxxxxxxxx

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the Office of Fair Trading say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Your last communication is a notice of intent to issue a county court claim.

 

The OFT guidance states that you should not attempt to mislead me by saying you may take legal action against me when you cannot.

 

The FraudAct2006. “Fraud must give a gain of money or property”

The Act creates a new general offence of fraud with three ways of committing it, one of these is:

• Fraud by false representation

Section 2 Fraud by false representation

(1) A person is in breach of this section if he-

(a) dishonestly makes a false representation, and

(b) intends, by making the representation-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if-

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of-

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

Your letter dated xx/xx/xx in which you state that you are preparing papers for court to be served upon me is a breach of OFT rules and the guidelines of the Civil Court Users Association, of which you are a member. The letter is also an attempt to enrich yourselves by making a false representation in that you may use the Civil Procedures to take action against me. Such behavior could be fraud as defined above.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

If you continue to harass me I will take action against you in the County Court for damages, and costs in dealing with this matter.

 

I will also lodge a complaint with the OFT, Trading Standards and the Financial Ombudsman. Whilst I appreciate this would not deter you from your potentially illegal actions there is the chance that if enough consumers make valid complaints you may get your Consumer Credit License revoked.

 

Additionally you are required to remove any default or registration with any credit reference agencies which you have made. If you fail to comply with this within 28 days, I will take action in the County Court against your clients for breach of the Data Protection Act.

 

Finally any attempt to use civil procedures to obtain monies from me will be vigorously defended as an abuse of the legal process. A counterclaim for damages will be issued together with a claim for full costs.

 

I look forward to your reply.

 

Yours faithfully

[lunagirl]

Noomill060 - again, thanks a lot for replying to my posts and posting the letter too, much appreciated.

 

The last time I heard from SLC was around August/September 2001 (I think! It was definitely around this time anyway) They were requesting evidence of income which I did send them. They said that they had a court summons against me but this has never shown up on my credit file and also, I haven't heard from them since.

 

The day before yesterday, I received a letter dated 30th Nov from Mackenzie Hall headed 'Final Notice' requesting payment by a deadline which the client (SLC) would prefer to be 'amicable' which reads: 'Our clients are unaware of any legitimate reason for non-payment.....and they will not hesitate to take such further action as may be appropriate'.

 

There is no specific mention of any legal action so I wonder what the 'further action' may be? Could it be that they are just pushing it to see what my response may be?

 

Kind regards

Lunagirl:)

[lunagirl]

Just thought of something - they couldn't send in baliffs could they?!!

[Hippy-chick]

Muckhall can't lunagirl. This is just scare tactics. Don't worry.

[lunagirl]

Thanks for that Hippy-chick. I kinda calmed down a little after I wrote that post - when I thought about it a little more. As you say, it's just scare tactics.

 

Kind regards:)

[noomill060]

Only if they have had judgement against you.

[lunagirl]

Would it have definitely shown up on my credit file if they have had a judgement against me or only if they had enforced it? If they didn't then, could they do so now? I'm not quite sure how these things work so I'm sorry if I sound a little uninformed.

 

If they did decide to send in bailiffs, would they just turn up or tell me they were going to do this?

 

I'm panicking again now because I'm sure I remember seeing court papers but am really puzzled as to why nothing has ever shown up on my credit file. Would it still be on there now?

 

Many thanks

Lunagirl

[Hippy-chick]

Lunagirl

 

Stop panicking!

 

And please tell us more. What court papers? Unlikely, imo, that Muckhall would be the agents of any court. These guys are a bottom feeder DCA best known for chasing very old debt. If it's over 6 years without a acknowlegement or a CCJ then it's statute barred - so you still owe it, but it cannot be enforced through the courts.

 

So - deep breaths. Whatever the scenario, there is someone here to help you.

 

Tell us your story - what is the debt, what is the timescale?