Link chasing balance on my Thesis Servicing 98' loan: They Say I owe £2500

[Surfer01]

I took out my student loan in Sept 1998 and for the next two years. Money was deducted at source by employer before I saw it. In 2008 I was made reundant as company went into administration. I then worked ro agencies but because I was below the threshold no payments. I am now on pension credit and although the SLC have my address, I have heard nothing.

I believe that once I reach 65 the debt will be written off. If the loan was taken out prior to this and no payments have been made then it is stature barred. I am not sure but there is the possibility that for one month you earned over the threshold and a payment was made thereore nullifying the stature barred bit.

In today's world even with a degree it is hard to earn over the £15000 never mind earning that much to pay off the debt early.

[cumblechook]

I would have thought that if this loan was subject to the post 1998 rules it would be linked to your NI number and if so would be automatically deducted from any earnings over £15000, regardless of any change of address. This happens with my son's 1999 loan - they still send the statements to me, being the address where he originally applied from, he's changed address many times without letting them know, and is now working and at some stage the deductions automatically kicked in directly from his wage.

 

I therefore think that you may be lucky here in that it sounds more like the old style loan, if arrears have accrued..which they can't do on the later type of loan.

 

So yep, it's probably Statute Barred, but as above hang fire until they learn to do joined up writing and send you a letter...

Elsa x

 

Thanks Undercover Elsa...

 

I'll wait till these bozos send some letter over.

 

A bit more back ground just in case...

 

I am overseeing my late brother's estate and sent in a letter to the SLC so that his outstanding Loan could be waived (It was). Less than a week later the SLC calls asking whether that address was for me. I confirmed it was and then over the weekend Link calls about this. SLC has never deducted anything from me. However I was self employed pretty much from 2001 till 2006

[Undercover-Elsa]

How disgustingly cynical of the SLC staff to capitalise on your bereavement. I hope the person who made the connection and decided to set Link on you gets frostbite.

 

Let's wait and see what Link come up with...

[Bazooka Boo]

They are probably still putting away their crayons and tidying their rooms first! Or sat on the naughty step...

[Lemmein]

I would have thought that if this loan was subject to the post 1998 rules it would be linked to your NI number and if so would be automatically deducted from any earnings over £15000, regardless of any change of address. This happens with my son's 1999 loan - they still send the statements to me, being the address where he originally applied from, he's changed address many times without letting them know, and is now working and at some stage the deductions automatically kicked in directly from his wage.

 

I therefore think that you may be lucky here in that it sounds more like the old style loan, if arrears have accrued..which they can't do on the later type of loan.

 

So yep, it's probably Statute Barred, but as above hang fire until they learn to do joined up writing and send you a letter...

 

Elsa x

 

 

Just remember that Cumblechook stated that even in the case that its an old style loan the person on the phone told him (i assume youre a 'he', sorry CC) there was a payment made within the last 6 years.

 

ofcourse that 'payment' could be complete BS...wouldnt be the first time nor the last.

[cumblechook]

Just remember that Cumblechook stated that even in the case that its an old style loan the person on the phone told him (i assume youre a 'he', sorry CC) there was a payment made within the last 6 years.

 

ofcourse that 'payment' could be complete BS...wouldnt be the first time nor the last.

 

Lemmein: The payment is bullcrap!!! why would one pay so little!!!! and for what?

 

I wonder......

[Undercover-Elsa]

I'll try very hard to remember that, Lemmein

However, just about every SB case I've seen lately seems to include a phantom payment, so, unless Cumblechook has any knowledge of such a payment, I personally would always discount this unless proven.

Additionally as Cumblechook has since said that there was a period of self employment, it does cloud the issue and on the basis of that it may possibly be a post 98 type loan.

 

Guide to repaying Student Loans via Self Assessment

 

You can also use the SLC online access to check your loan status.

 

 

kind regards,

 

Elsa x

[cumblechook]

Still bricking it, but in bullish mood..... Cant wait to see the letter. She said she would hold the account off for a week. I think she thought I would be sending the SLC a SB letter.

[batman1956]

This is a good one to send (with thanks to the original poster)

 

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY OR ANYONE WHO YOU CLAIM TO REPRESENT

Dear Sir/Madam

 

 

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 OFT 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 written 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 CPUTR2008.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

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.

 

I look forward to your reply.

 

[Undercover-Elsa]

Thanks Batman,

Yep that's the right Stat Barred letter, but the position at the moment is that Link hasn't sent anything whatsoever in writing..just a random phonecall so far, so we're waiting to see what, if anything,. they come up with before deciding what to send.

 

kind regards,

 

Elsa x

[cumblechook]

OK Guys..... The ball is rolling

 

I received the Link Financial Letter today.

 

It reads:

 

"As your loan agreement has been terminated by Thesis Servicing, we have been appointed by them in relation to the above referenced debt and are instructed to collect the full balance from you. This balance relates to an unpaid student loan."

 

The refernce number of the loan gave the game away..... this was my first loan taken out in 1997. I have never made a payment towards this in the last 6 years... NEVER.

 

Which is the best letter to send?

 

I have a draught here....... IT has been suggested that I send the first letter below before the Status Barred letter,This is to flush out the story of the payment they said I have made within the last 6years (Bull**** ..... I would never have made such a payment!!!!). The refernce for the loan that they have corresponds with my records. (I scoured my parents place for this) Again it is definately a 96-97 loan..

 

Thank you again in advance:

 

My draught letters are here:

 

Link Financial

***************

*******

****

 

 

Dear Sir/Madam

 

Acc/Ref No: ***************

 

I have been contacted regarding the Student Loan account with the above reference number, which you claim is owed by me.

 

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 OFT 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”.

 

I do not acknowledge this debt.

 

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. Indeed I suggest that you cease calling my parents house with regards to this affair.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after the statute barred position is acknowledged could amount to harassment contrary to CPUTR2008

 

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 telephone call and letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

Link Financial

***************

*******

****

 

 

Dear Sir/Madam

 

Acc/Ref No: ***************

 

Dear Sir/Madam

 

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

 

I would point out that I have no knowledge of any such debt being owed to The Student Loans Company or Link Financial.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

Edited December 9, 2010 by cumblechook
Extra info

[Tingy]

I'd send the SB one in post #34. Actually I wouldn't. I'd send one from another site which I consider better, but I was quite rightly pulled up for posting a letter loosely based on one from that site last night, so in the absence of being able to suggest that, this one comes a good second place.

[cumblechook]

Thanks Tingy: I am look ing to see what advice comes back for everyone else too....

I will be taking action tomorrow and sending the most appropriate letters by recorded delivery or special delivery? dunno which is best

[Bazooka Boo]

Definitely send the SB letter, it is up to you whether you choose to pay for recorded delivery or not, personally, I would send it 2nd class, shows them exactly how 'urgent' you think this trivial matter is.

[Undercover-Elsa]

Hellooo,

It must have thawed enough today to let them crawl out of the woodwork!

I'd send the first (Stat Barred) letter, indeed I'd replace "suggest" with "insist" with regard to phoning your parents.

 

Lets see if they dare bring up the imaginary payment in their response!

 

I'd send it recorded so you can prove delivery (however much I'd prefer carrier pigeon )

 

Elsa x

[Undercover-Elsa]

On reflection, the last 2 paras are a bit contradictory, I'd put:

 

As you have now formally been informed that this debt is Statute Barred and I will not be paying this, I would therefore expect that no further demands will be made unless you can provide documentary evidence to the contrary.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

 

 

 

Elsa x

[cumblechook]

Elsa,

 

Thank you...

 

Do you mean the letter in entry 34 or my first letter?

 

Cumble

[Tingy]

I understand why people want to know it's been delivered, but as far as a court is concerned Proof of Postage is all that is needed. They assume it has been received. If the OP wants to guarantee it gets there, THE ONLY WAY is Special Delivery, but you pay for it!

[Undercover-Elsa]

The first letter in your recent post is fine

Postage wise, I always prefer proof of delivery, Recorded works for me in most cases, although if it was a Stat Demand I'd go for Special, LOL

 

Elsa x

[cumblechook]

The first letter in your recent post is fine

Postage wise, I always prefer proof of delivery, Recorded works for me in most cases, although if it was a Stat Demand I'd go for Special, LOL

 

Elsa x

 

Ok Elsa

 

Thank you very much for this. Lets see how far the rabbit hole goes!!

 

I will ammend my first letter with your suggestions and send it Special Delivery tomorrow!!!

 

Cheers

 

[cumblechook]

Paying special Ddelivery for my sanity is a good idea!

[cumblechook]

ok Everyone..

 

Thankyou for all your advice so far.....

 

I have sent a letter to Link Financial in Caerphilly (that's where this first letter originated)

 

They have tried to say that a small payment has been made in the last 6 years so in this instance I have sent a standard debt recovery letter as advised to force their hand and find out what evidence they have of me having paid anything. I did DSAR & CCA.

 

I want to see what they come up with. This loan is statute barred.

 

My plan is that if they then conctinue I will send the SB letter.

 

 

 

Has anyone had this issue with Link and the SLC?

[postggj]

usual BS from link the phantom payment

 

just demand from them how and when this supposed payment was made

 

THEY WILL NEVER PUT THAT IN WRITING

[cumblechook]

The letter is sent:

 

I have demanded proof that the debt is owed by me . I wrote in my letter.....

 

"I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question."

 

If they return with anything substantial I will the send a Status Barred letter. The debt is from 1997. I have never paid a penny into this. The SLC had a wrong address for me... They have never taken anymoney out of my earnings through PAYE or Self assesment..

 

Any suggestions?

[Bazooka Boo]

Just expect to be ignored! Look there is ZERO that is going to happen between now and Christmas, and I very much doubt they could even cobble together anything resembling a court order by the New year either, this is by no means a priority, nor urgent, I would now sit back until next year, keep a diary of events, as you might find they are very very shallow and will send or call, when normal people are at home with family and friends.