Link Financial calls about pre 1998 student loans

[bob1835]

Hi Everyone,

sorry i'm new to this site - but hope someone can help.

 

I've just received several phone calls at my parents house, from a number that belongs to Link Financial. My mother took the details, and said that she'll pass on the details to me... It appears they are chasing me for my students loans which were taken out before 1998. I believe they're the 'old type top up' loans, and that serious changes were made from 1998 onwards.

I kept deferring the loans, due to low income, until the summer of 2002 and then - due to minor illness, defaulted on the loans.

 

I really need advice on how to deal with link financial about these loans - from what I read on this, and other sites, they're not the nicest people to talk too about old debts.

 

a few questions I would like answer are:

 

would these loans now be considered statue-barred?

 

If so, can I check my credit rating - through a reference agency - without Link financial obtaining my new address from this process? and would the student loan turn up on this check?

 

should I just leave the situation as it is - or if the loans are statue-barred can I stop being chased by link financial or anyone else. I'd really like to try and sort out my credit rating.

 

any other advice on how to deal with Link financial would be really helpful

 

thanks in advance, and for a great site, bob

[count orlok]

Defering the loan counts as acknowledgement thereof, but if you have niether done so or made any payment since 2002, then the loan is deffo SB. Link can/will continue chasing you for a statute barred debt untill you tell them you will not be paying because it is SB, once you have they must stop.

[babybear39]

Have you acknoleged in writing or paid anything for over six years? If not, SB and bye bye Link

 

If they continue to chase an SB account you go stright to the ICO

[Bazooka Boo]

You can check your credit file without informing these fools of your new address, you simply have to fail to declare any previous addresses. However that might not give you the full picture, plus when/if you enter certain details it may automatically 'assume' that you are one and the same.

If it is a pre 2008 SLC then it comes under different regs and if nowt has been paid in the last 6 years (5 in Scotland) it will be SB.

 

As for Link finding out your new address, that is nothing to be worried about, the Law is on your side, if you are confident that this is SB once you tell them so, then there is ZERO they can do, if they persist YOU can take them to court.

The SL would only turn up on your file if it is within 6 years of default, so quite possibly from what you have said, no it wont.

[Undercover-Elsa]

Hi Bob,

As above, if it's definitely Statute Barred there's probably nothing to fear from checking your credit record, however, I personally wouldn't do this as

1. If there are other (perhaps forgotten) debts from your student days (eg mates from shared houses who were supposed to pay the council tax but didn't...then they come looking for all the residents, as happened to my son) then if you update you may find sharks emerging from the murk..

2. There's no point as if its SB it will have dropped off your file

 

Tell your Mum not to speak to them on the phone again as they will lie and threaten things which they can't do and wouldn't dare put in writing.

Normal procedure is to ignore phone calls and wait for written contact..which presumably they'll send to your Mum's address.

Once they do this, send them the Statute Barred Letter (link in my DEBT BLOG) if you prefer, you can send it C/O your Mums address. Send it by Recorded Delivery and save the receipt. You can check online that it's been delivered...screen print the page and save (it drops off the Royal Mail site after 12 months I believe).

 

Once you've informed them it's Stat Barred they must stop pursuing you.

If they don't, let us know...

 

Hope this helps,

kind regards,

 

Elsa x

[postggj]

this is thread number 4 with link and student loans from 1998

 

seems they have been off loaded to this lot

 

nice christmas turkey for them

 

just send the statute barred template and make theire christmas

[NailPost]

If you tell them this is Statute Barred and they continue to chase you for the debt you report them to the Financial Ombudsman in the first instance. There's nothing to stop you reporting them to the Info Commisioner as well fro wrongful processing of your personal data but chasing an SB debt is against OFT guidelines and part of Link's consumer credit licence.

[bob1835]

Thanks for all the replies everyone,

 

I’m a very happy boy at the moment, but it all seems to depend this period of ‘six years’ . Does

anyone know if the start of this period could be postponed by the actions of the SLC or DCA or

anyone else taking ‘actions’, CCJ’s, or any other stuff against me?

 

I assume that my last deferment was in 2001, as I remember receiving a deferment form in the

summer of 2002, but due to being off work for three months that summer - with foot problems. I

couldn’t get to work very easily: and the thought of then chasing up a work-shy manager to get

the forms signed wasn’t very appealing and so defaulted. So what I suppose I’m asking is, does

that give me a healthy period of 8-9 years or could there be a nasty surprise waiting ? Sorry if

i’m sounding slightly anal, but they say ‘if it sounds to good to be true....’

 

I’m now intending to check the credit reference agencies in the new year, I think it’s is going

to be my new years resolution, and then try to improve whatever my none existent credit rating is...

 

I suppose the DCA’s may come calling but with all the letter template's, and advice from here I

should be able to move on , finally.

 

Thanks again, bob

[Bazooka Boo]

The date of default is usually the day of the last failed payment, so whatever day you were meant to pay on and didn't six years from then is deemed SB.

However, if they have obtained a CCJ without your knowledge (By default) then a SB defence is pretty useless, you can check if you have any CCJ's against your name for this here:http://www.trustonline.org.uk/

It costs about £8 and will be sent to your inbox.

 

If however, they have obtained a CCJ by default, then you can get this set aside as you were unable to submit a defence and were unaware that any such action was being taken. Also the length of time from them being awarded the CCJ to enforcing it is also critical, as if they have failed to enforce it for any length of time they will have to go back to court to explain their reasons why..

[Undercover-Elsa]

Hi,

Nothing THEY do affects the Statute Barred clock, apart from a CCJ. These drop off your credit file after 6 years though, and if they haven't enforced in that time they would have to apply to Court for permission to enforce, with good reason why they've failed to do so for so long.

You can check whether a CCJ exists against you in last 6 years by going to:

 

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-what-are-they/

 

A small fee applies.

 

Elsa x

[bob1835]

Thanks again everyone,

It seems like I might be lucky, it’s a bit of an emotional rollercoaster reading these replies, but very grateful for all info.

Does anyone know the typical time period it takes from defaulting on a loan/student loan to a CCJ being granted???

I’m expecting only very vague answers to this question of course, but any info or experiences would be very helpful. I seem to have almost 2 and a half years + 6 years on my side. Which I think sould be long enough, but wonder if anyone can advise.

And I am wondering if I should check the CCJ registry and credit reference agencies in the new year or let sleeping dogs lie for another year. Can I check the CCJ registry without Link finding out?

I Plan to look up stuff on CCJ’s, it seems my plans to improve my credit rating maybe delayed for 12 months, but I’m still a lot happier than I was expecting this time last week.

Thanks and all the best, bob

[f.in.debt]

If an external dca has purchased your loan they will pursue without care for the law (within cost effectivness) until you fight back. This how they work a few letter and phone calls and most people must pay, they make a living from it.

 

But if you are 100% sure you did not sign a deferment in the past 6 years, why wait to fight they will still ask you to pay in 12 18 years, they are only asking not enforcing, some people would pay debts that old!

 

Again if you have other debts which are under 6 years you could be giving others a lead, so may be best to wait until all are statute barred. Only you know how many and how old. But when the time comes get straight on it, because the IC and OFT are not quick to act! You could still have to work for another year to clear you credit file.

 

Good look

[Undercover-Elsa]

Hi again,

I'd leave the credit ref agencies alone. As fas as I'm aware Trust Online doesn't share any info with DCA's.

I very much doubt there's a CCJ against you, it takes ages to get to that stage. Even then if you weren't served with the papers you can apply to have it set aside.

 

Please try to stop worrying...wait till you get something in writing then send the SB letter and voilá...they'll crawl back from whence they came...

 

Elsa x

[bob1835]

Thanks everyone, for all advice. I think i'll take Elsa's advice and stop worrying and have a stress free xmas and new year. Thanks again, Bob

[Undercover-Elsa]

 

Merry Christmas Bob!

 

Elsa xx

[rightturnclyde]

Hi - after some advice on a similar topic. Just got letter from Link financial demanding payment of around £7000 for student loans taken out in 1994/5/6/7. I lived abroad for 3 years between 1998 and 2001 and the last contact i had with the SLC was to defer payments in 1999/2000 - i have had no contact with them since and have never notified them of my subsequent addresses upon returning to the uk. My Dad has never received any correspondence from them either (despite them having his address on the applications). The debt has clearly been purchased by Link and they have then sent the letter to my last known address abroad which my old neighbour has forwarded to me without opening. Having read the threads on this site i am happy that the loans are statute barred but wandered if there is any chance that link can raise a CCJ against me or bad credit rating? I have had mortgages since 2002 and never had any problems getting credit agreements for mobile phones etc. - does this indicate that i don't have any CCJs against my name? Lastly, am i right in not contacting Link either by phone or letter unless they discover my new address or telephone number (which they clearly haven't to date!)?

 

Thanks

[Bazooka Boo]

Ignore link entirely, they are puerile at best.

To check if you have any CCJ check on here it will cost you £8 to do so and they will send it to your inbox;

http://www.trustonline.org.uk/search-yourself/

 

As for your Credit files, well you could check them, BUT this will normally have the undesired effect of notifying these leeches that you are concerned about something and they will all come out of the woodwork with varying degrees of 'you owe us' letters. IMO it is safe to say that if you have been getting credit, then there is probably nothing to worry about on your CRF, as with the limitation act, any entry on your file will drop off after six years, so it would be very unlikely that this will still be on your file.