Student Loans from 93/95/Capquest

[DJANGO]

Hello' I'm hoping someone will be able to help me... I have student loans from 1993/94/95. I derfered each year after I left, but in 2002 a derferment form didn't arrive.. I phoned and never received anything and must have forgot all about them. Became ill and the loans were the last thing on my mind..

Last month I received a letter from Capquest requesting £4387.69 and threat of a county court claim. I phoned them, and was advised to speak to SLC. I duly phoned SLC explained the situation, the chap said my deferment payment time had "expired" and I had to now begin repaying the loans. I agreed with him that day to pay £25 per month direct debit to the SLC.

I made my first payment and a week letter a solicitors letter from "H L Legal" that Capquest is going to issue a court proceedings.. I phoned and explained I have started a repayment agreement with SLC.. SLC have told me to stop paying them and make an agreement with Capquest. Capquest want £60 per month.. but have said I can pay £25 per month until I send in a income/expenditure form!!

-Firstly.. I think I may have been a bit hasty agreeing to pay as I am on benefits and am not earning enough money.

-Can I still defer even though I lost contact with SLC for 6 years, but I could confirm I wasn't earning enough in that time?

-Can SLC agree to a repayment plan and then "ignore" it?

Oh, I hope someone can help me!! I don't know what to do!!

 

Cheers

Django

[reallymadwoman]

I'm bumping this up as I'm not sure if this would be statute barred.

 

Prior to the contact from Capquest, when was the last time you were in contact with SLC?

[DJANGO]

I believe I would have been in contact with them in 2001 to defer?

[reallymadwoman]

I'm pretty sure that this will be statute barred and that your recent payments won't matter because there was a gap of more than 6 years, but please don't take my word for it as I've not yet had any need to research this properly.

 

If no one else comes along soon to offer help, PM one of the site team.

[DJANGO]

Is statute barred if no acknowledgent has been made of the debt in the last 6 years?? Would the fact that I made a payment last month count?? Should I contact SLC and ask for SAR??

(Excuse my dimmness.. what does PM stand for?)

[reallymadwoman]

PM means send a private message asking for help.

 

Again, I'm not absolutely certain, but I believe that so long as there has been a gap of 6 years then the debt is statute barred and the clock can't be set ticking again whatever you do. I wouldn't do anything until someone else confirms though.

[noomill060]

Once a debt has been unacknowledged for 6 years it becomes SB.

 

Once it has become SB, it is not possible for it to become un-Statute Barred under any circumstances whatever, not matter how many payments you have made.

 

(unless there is a suggestion of fraud and a few other things, which clearly is not the case here)

 

The Limitation Act is specifically designed to prevent stale claims being made and to give creditors a significant length of time to bring claims within a reasonable period, after which time they have to accept their mistake. If they cant be bothered to chase their debtors, there has to be a limit after which the law allows the debt to die a natural death.

 

If not, the ridiculous possibility of say, the Vatican sueing the British state for losses suffered as a result of the Dissolution if the Monastaries in the 16th century or decendents of Viking chieftains sueing Yorkshire landowners for the loss of 1200 years of earnings (plus interest @ 8% pa) from lands taken from their ancestors by the Saxon reconquest of Eastern England under King Alfred in the late 800s

 

Youve got to draw the line somewhere, and that line is 6 years.

Edited September 7, 2008 by noomill060