Student Loans and statute barred debt help

[drokkeh]

Hi All, I hope someone can help me or maybe someone has gone through this situation before?

 

In December 2010 I received a letter from a debt agency called Link Financial Outsourcing saying that they had accquired my student loans debt from the student loans company and require the repayment of about £3,500 pounds.

 

I took out 2 student loans in the years 1995 and 1997 totalling about £1600 each.

 

In 1997 I only made 2 repayments as i was working, of about £55 each. I then deferred the loan and continued to do so as my income was less than the £15,000 annual income required to pay back the loan.

 

The last time I deferred the loan was on the 10.4.2004 (a copy of this deferment form was included in the letter)

 

Since that I have had no contact with them, not acknowledged the debt or made any repayments.

 

I checked on a debt website that stated if you took out a student loan pre 1998 (which they both were) that after 6 years of no payments or acknowledgement the debt becomes statute barred and is non enforceable.

 

I filled in a standard template that was on the website to confirm that I had made no payments or acknowledged the alleged debt and sent this off by recorded delivery to Link.

 

Today I received a letter from Link stating that I made a payment of £10 in April 2006 and 'as this payment was within the 6 years required to statute bar the debt, this debt is not statute barred' and that i am still liable for the amount.

 

They included a list of payments from the students loan company with the letter.

 

The only payments I ever know I payed were the 2 payments of £55 back in 1997 as i mentioned earlier.

 

In fact from 2001 to November 2006 i didnt even have a bank account nor credit/debit card/cash card so how on earth they think this payment was made I dont know. I would really question that I ever made this £10 repayment in April 2006 as they suggest.

 

In fact, I checked my online statements with my bank, Lloyds TSB and the first transaction was made in November 2006, therefore this alleged £10 payment was not made from my bank account.

 

Can anyone advise what i should do next?

[stevo7790]

You could sent the a SAR, but I have seen this trick is commonly used by DCA's to get you to believe tat the account is still active, remember the onus is on them to prove that account is not statute barred, not you

[kurvaface]

You have 3 months to go before it becomes statute barred after which there is sod all they can do.

 

My advice I'd to get to the 6 year point. Do not acknowledge the debt or pay anything yet if at all.

 

Cca and dsar are useful for delaying but I would save them till the last month.

 

Can you post up your documents received minus your personal and account details?

[kurvaface]

Btw. Cca request and dear are not an acknowledgement of the debt!

[drokkeh]

Sorry, im not sure what you mean about 3 months till it's statute barred?

 

My last acknowledgement was on the 10.4.2004, 6 years after that would be 10.4.2010 right? so the 6 years has already passed.

[kurvaface]

There you go.... My bloody brain on the blink!!!

Ok.... No payment or acknowledgement for 6 years = statute barred.

 

They must prove it is not.

 

Have a read of my thread'

 

Sorry about my brain

[drokkeh]

Haha, no worries. I often forget we are in 2011 now So you think i should just leave it then or ask them for the proof of the payment, rather than it just being a figure on a statement?

[kurvaface]

If you are totally sure you have neither acknowledged nor paid anything for six years, they cannot press for payment. I would strongly recommend doing a dsar to the slc. This will put you in full command of all the facts.

 

Tell the dca to sling it, that you will only deal with slc who know the account is barred and that you are reporting them to trading standards. The number is 08454040506. Get a complaint ref number and quote this to both dca and slc.

 

They will try it on for a bit but will eventually back off.

[kurvaface]

In my case, I harassed the dca so much, they eventually asked me to stop calling them. Btw do not call them unless you are recording the call - best to keep everything in writing by recorded delivery - slc are consummate liars and will deny you have called them.

[kurvaface]

Be prepared for phone harassment - there are templates for this. Do not provide them with additional information above what they already have. Do not send any letters with your signature on. If they've faked a payment they may fake an acknowledgement.

[kurvaface]

As far as the slc goes, if you need any help, questions etc, I will drop everything to help you because there is nothing that I hate more than the **** that work at the slc.

[drokkeh]

Thanks for the info, What is a DSAR and how do i obtain one?

[kurvaface]

Dsar= data subject access request. It's a mechanism set out in the data protection act that compells an organisation to provideyou with all the data you ask for that they hold on you. It ranges from contracts to statements, screen shots to phone transcripts. Where reasonable, they have to comply within 40 days.

 

You will be able to see all actions on your account.

[kurvaface]

There is a template for dsar and the fee is £10 max

[kurvaface]

Send recorded delivery and use the identifying info that they have used eg account no, address etc. Do not sign.

[kurvaface]

I also recommend checking experien. There is a good chance they have unfairly registered this account on your credit file. That will need sorting too.

[drokkeh]

I'm not sure whether one of these dsar requests is worth it. What i really want to know (and what the debt collection agencies case hangs on) is this alleged £10 made in April 2006, how was the payment made? What method was used? (credit card, debit card, postal order etc) What persons name was the payment made in?

 

Last thing i want to receive back from SLC is a load of statements, which i already have. A £10 entry on a piece of paper does not constitute evidence that i made the payment!

Edited January 15, 2011 by drokkeh

[batman1956]

Try this one it is free ***DO NOT SIGN IT PRINT YOUR NAME AND SEND IT WITH PROOF OF RECIEPT**

 

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 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

 

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.

 

[kurvaface]

If you haven't sent the above letter then do. The purpose of the dsar is to give you ALL the facts. No more. As well as showing you what basis they have to think they can chase you if any, it also provides peace of mind.

 

But the above letter, if you are convinced limitations applies, is all you need to do. In order to stop slc passing it on to another dca, you must send the letter to them too

[drokkeh]

Yes, I have sent them a standard letter, very similar to what Batman1956 posted. I will send the same letter to the student loans company then !

 

Thanks a lot for the advice once again!

[postggj]

Am i mising some thing

 

student loan in 1995 and 1997

 

link stating payment made 2006 towards debt, even if thats the case the account will be statute barred

 

student loans are only statute barred if taken out before july 1998, after that theire is no time limit

 

just tell link to sod off with the statute barred template and check your credit files as sugested

[kurvaface]

From my experience, it may speed things up of you mention in your letter that you have already complained to trading standards. Until I did this, slc tried various different ways to intimidate me into paying,

[sequenci]

Hello there.

 

Phantom payments are often made up by collections agencies to try and argue that debts are not statute barred. The £10 in 2006 could be just a thing.

 

The agency would need to prove beyond any doubt that the payment was made by showing HOW it was paid, and who by.

[jasperpad]

Does this mean that no payment or any form of communication from me to them? or doe it include communication from them? I am a little confused about this small point.

 

There you go.... My bloody brain on the blink!!!

Ok.... No payment or acknowledgement for 6 years = statute barred.

 

They must prove it is not.

 

Have a read of my thread'

 

Sorry about my brain

[kurvaface]

From you. Provided YOU have done nothing it is barred.