Student Loan: debt passed to debt collection agency. Please help.

[antoninus999]

Hi,

 

I am having some serious ongoing problems with the slc, and now with their debt collection agents.

Any advice gratefully received, as this is becoming really stressful and I have no idea what to do next.

 

I took out a student loan, beginning in 1994.

All was fine until 2001, I deferred the payments every year since I did not earn above the threshold to begin repayment.

 

In 2001 I received no deferral form, and so wrote to them to request one.

 

None was sent, and over time I simply forgot about it.

 

I heard nothing from the slc for a couple of years, until suddenly I was sent a demand for immediate repayment of the entire debt.

 

I wrote back, telling them that I had never received a deferral form, and never earned enough to be liable for the debt.

 

I again asked them to send a deferral form, but received no reply.

 

At this time, I was in the process of changing address and told them any correspondence could be directed to my parent's address.

Again, I heard no more from them.

 

The same cycle began again, and in 2008, they contacted me via a debt collection agency by letter, demanding immediate repayment.

 

I restated my argument by email, and told SLC directly that I was not liable for the debt since I had never exceeded the threshold, and wished to defer.

 

They appeared to agree to this, and sent me a deferral form, which I completed. I received no acknowledgement and no reply.

 

Once more, I heard nothing from the SLC until just a week ago, when a debt collection agency contacted me by mail enquiring if I was living at this address, and to contact them.

 

Since I owe no other company any money, I know that this must be in connection with SLC again.

I really don't know what to do now.

Is this debt statute barred?

 

Although I have been in contact with them within the last six years,

I have not acknowledged liability for the debt, stating (quite correctly) that I was at no point liable to make repayments, since my earnings have never exceeded the threshold.

 

 

What action should I take? Contact SLC? Contact the debt collection agency? Something else?

 

Many thanks

[Gbarbm]

Hi

Do you have P60 certificates for the years in question which will prove your income was below the threshold? If not, contact HMRC quoting your NI number and ask them to send you a letter giving details of income received for the relevant years. Send photocopies of the P60s/ HMRC letter to the SLC in East Kilbride with a covering letter advising that your income was below the SL threshold

[dx100uk]

its statute barred because its a pre 1997 loan. not the later income related one.

 

ignore link and certainly never speak on the phone.

 

dx

[antoninus999]

Thanks.

 

So I should send SLC the income statements, and completely ignore the debt collection agency?

 

Really grateful for this advice - very glad I found this site. This has been on my back for years, on and off.

[dx100uk]

do nothing

 

its sb'ed

 

i take ithis IS link!

 

dx

[cerberusalert]

As long as there was a clear period of six years (five in Scotland) where you didn't defer, make a payment or written acknowledgement then the debt is Statute Barred & neither the SLC or Link can do anything about it as you have an absolute defence in law.

[antoninus999]

My only concern is over what constitutes written acknowledgement. I at no point acknowledged that I was liable to pay the debt, but as I say, I did email SLC in 2008 to ask for a deferral form, explaining my non-liability for repayment. That was my last contact with them. No payments have been made at any point, nor have the repayments been deferred.

 

So am I in the clear?

[dx100uk]

yes

 

forget it

 

dx

[dx100uk]

can we confirm the fleecing dca is link financial?

 

dx

[reallymadwoman]

A thought that occurs.

 

Link and all the rest are totally fixated on payments when it comes to statute barred debts, to the point of finding 'phantom payments'.

 

I have a horrible feeling that asking for a deferment form would count as acknowledgement of the debt, but there could have been a period of more than 6 years prior to that with no acknowledgement, in which case it is still SB.

 

Since Link would probably never think to check for deferral requests, why not send the SB letter and see what happens?

[dx100uk]

i doubt very very much an email requesting a form makes any odds

 

as for phantom payments claimed by LINK.

 

not on an early style SLC

 

no real point in claiming that happened

 

dx

[dx100uk]

but ofcourse we dont know it s link yet

the op has not told us who the DCA is

 

dx

[antoninus999]

Letter is from a company called 1stCredit, based at a P.O. Box address in Reigate. I'm guessing they found my name on the electoral role, and are now trying to establish if this is indeed my current address.

[dx100uk]

1st credit dont do SLC chasing

 

i have my doubts this is anything to do with your student loan

 

have you checked your cra file?

 

dx

[reallymadwoman]

Likely a phishing trip. Ignore.

[antoninus999]

Weird in that case, since I am sure I have no other debts. Unless I have completely erased something from my memory! In which case it would be a very very long time ago and stature barred in any case, I suppose. So looks like I can relax. And no, I have not checked my CRA file - perhaps I should.

 

Many thanks for the advice, everyone.

[dx100uk]

yes i would check the cra file

 

but i bet its 1st crapit trying a phishing trip on an old debt

 

that IS their MO

 

dx