Student Loan Statute Barred assistance

[ant1878]

Hi,

 

Ive had a look through similar threads and I'm looking for some clarification.

 

I took out student loans in 97-99.

 

I left my initial course part way through the first year and re-started in 98.

 

When I re-started I did not have to pay £1k fees, still got a grant (remember them!)

 

I was still on the previous style system of a straight loan, no fees, non means tested.

 

Ive never earnt enough to pay them back. Also, I have been very slack in sending off deferment letters.

 

About 2 years ago Link got my current address and I committed to pay £25 a month on the 1997 agreement, which I'm still paying, now £30 a month on a 6 month review.

 

SLC got my current address about 1 year ago and send me statements for 98 & 99.

 

I spoke to them once initially but have never sent them any written communicae in about 10 years.

 

Form memory I mat have paid some token gestures when they contacted me in about 2001.

 

Where do I stand with 'Statute Barred' on all 3? (SLC and Link)

 

How do I go about getting a statute barred if its applicable?

 

Anyone with positive experience, draught letters, methods of contact etc are much appreciated.

 

Finally, do these affect credit ratings, stay on file etc

 

Many Thanks in advance

[BRIGADIER2JCS]

Hi Welcome to CAG

 

Check your credit reference files before doing anything.

 

Any payment automatically restarts the 6 year clock.

[dx100uk]

were all of your 'loans' under the old scheme?

 

as for the link one

 

looks like you've been had.

 

if there was a CLEAR 6yrs whereby you paid no-one nor deffered

then link have spoofed you into paying a debt you do not need to pay

 

 

stop paying them now.

 

dx

dx

[ant1878]

Thanks for the info.

 

Ive just opened a free trial experian account.

 

Credit report says 999 (excellent) Other than these loans Ive had minimal loans/cards and kept pretty much up to date with them.

 

My loans were taken in my mums adress some 13-15 years ago, nothing is showing, re these debts.

 

What prompted my looking into this was LINK calling me today ( I changed my debit card 4 months ago, and had missed 4 payments, I paid them £100 and set up new DD) I did a run through of my outgoings, which exceded my incomings. I altered this over the phone, as The woman said it would be passed to a manager with possible CCJ implications.

 

99% sure there was a 6 year period of non contact on my part and non payment. Where do I go from here?

 

Long shot, but can I get anything back from LINK? Unlikely I'm sure, worth an ask.

[ant1878]

Re. Old scheme - Without having the docs in front of me, I cant be 100%.

 

Loans from 98 & 99 were the same as other people I know who went through uni 97-99 (without changing course, so i guess so)

 

Should I call the loans company to find out?

 

Reading through this site, debt collectors etc are horrible, praying on those in the most desparate of situations, no consideration at all. Any loophole that helps anyone out of the pressures they put people under should be fully exploited.

[BRIGADIER2JCS]

Thanks for the info.

 

Ive just opened a free trial experian account.

 

Credit report says 999 (excellent) Other than these loans Ive had minimal loans/cards and kept pretty much up to date with them.

 

My loans were taken in my mums adress some 13-15 years ago, nothing is showing, re these debts.

 

What prompted my looking into this was LINK calling me today ( I changed my debit card 4 months ago, and had missed 4 payments, I paid them £100 and set up new DD) I did a run through of my outgoings, which exceded my incomings. I altered this over the phone, as The woman said it would be passed to a manager with possible CCJ implications.

 

99% sure there was a 6 year period of non contact on my part and non payment. Where do I go from here?

 

Long shot, but can I get anything back from LINK? Unlikely I'm sure, worth an ask.

Is this the debt you believe is statute barred, have you made any payments If so when.

[ant1878]

These are the loans (97-99) I'm hoping are statute barred, yes.

 

The last payments were 'token gestures' in around 2001.

 

Since then the only payment I have made are to LINK in ref of 97 loan. Ongoing since OCT 2010.

 

Re old/new style loans. My employer, same one since 2001 has never been asked to directly deduct from my wages. Does this mean they are all old style loans. My taking of new/old style pre 98 are when student grants ceased and £1k fees introduced. In which case I was never liable for £1k, or from memory, The loan I took in 98, was a different thing from those who started uni for the first time in 98. I distinctly remember different system and it being a point of conversation with those on my course.

 

Thanks

[dx100uk]

get on to your card supplier now and stop those payment

or

do a chargeback.

 

you DO NOT OWE THIS MONEY

 

you've been spoofed!!

 

NEVER EVER talk on the phone to these muppets

 

nor give any pers financial details

 

they have NO LEGAL powers whatsoever

 

 

only a JUDGE can demand that info.

 

ruddy link - ruddy fleecers

 

dx

[ant1878]

Ok. I'll do that.

 

Whats the next step with Link, when they call/write to me? They were talking CCJs on the phone today. Ive had this hanging over my head for years, at times got pretty down it. Im 33, have an otherwise good credit score and would like at some point in the future house kids....... I really dont ant to get a CCJ letter in the post, had one about 10 years ago, simliar period. Got stiffed on a water rates bill from uni in my name.

 

Add to this, they wanted my last 3 bank statements when my outgoings exceded my incomings to prove this. Thought this pretty odd, and wouldnt have sent them, got £900 overdraft, which Im usually into by about £700 by the end of the month. Thought they'd ask me to use the remainder to pay them.

 

I re-jigged my expenditure so I had £39 available per month, which they asked for. Got them down to £30 which is being reviewed in 6 months.

[dx100uk]

Since then the only payment I have made are to LINK in ref of 97 loan. Ongoing since OCT 2010.

 

if there was a clear gap of 6yrs where you did not refer nor pay

 

YOU OWE THEM NOTHING

 

you've been spoofed

 

the debt was ALREADY SB'ed

 

othing can unbar an SB'ed det , even you latterly PAYING on it

 

once 6yrs has elapsed its SB'ed

 

dx

[BRIGADIER2JCS]

Ok,Who is chasing these loans?

 

Worth sticking in a letter.

Try This.

 

The Compliance Manager

SLC.

 

Ref: any refs you have qoute them all.

 

Dear Sir or Madam,

 

Formal Notification re Limitations Act 1980

 

I refer to the above memtioned student loan accounts I have been

checking my records and I have concluded that the aformentioned

loan are now Statute Barred and I will not therefore make any payment or

offer of payment now or in the future.

 

send it recorded delivery.

[dx100uk]

Ok. I'll do that.

 

Whats the next step with Link, when they call/write to me? They were talking CCJs on the phone today. Ive had this hanging over my head for years, at times got pretty down it. Im 33, have an otherwise good credit score and would like at some point in the future house kids....... I really dont ant to get a CCJ letter in the post, had one about 10 years ago, simliar period. Got stiffed on a water rates bill from uni in my name.

 

Add to this, they wanted my last 3 bank statements when my outgoings exceded my incomings to prove this. Thought this pretty odd, and wouldnt have sent them, got £900 overdraft, which Im usually into by about £700 by the end of the month. Thought they'd ask me to use the remainder to pay them.

 

I re-jigged my expenditure so I had £39 available per month, which they asked for. Got them down to £30 which is being reviewed in 6 months.

 

you cant get a CCJ on an SB'ed debt.

 

you've been had

 

this is why we say time and time again

 

NEVER EVER speak on the phone about your debts!!

 

dx

[assisted blonde]

I went to uni in 99 and the loan was then the new style one, which I am paying back from my salary.

[ant1878]

98, 99 i recieve a letter from SLC every few months with debt amount and added interest.

 

Other than that letter, I havent been pursued further. i'd like to get it sorted though.

 

Any suggestions with the LINK debt, Do the same? Sure when I initially spoke to them, they said it had noithing to do with SLC as the debt had been sold on. However, if the debt had expired, theres no debt to sell on.

 

Should I cover myself And check the 6 year period with LINK /SLC Like I said 99% certain that time elapsed.

 

If the period isnt 6 years, will this spur them into action to pursue me further and/or restart the 6 year period. As this would constitiute written acknowledementy of the debt.

 

This is all new to me, so please excuse slow uptake on such matters. Ive got a friend with a similar situation, he isnt the best at coping with debt/pressure etc and I know this info will be an absolute god send to him, if he can SB ( got the lingo) his debt.

[ant1878]

My employer has never been asked to take any money straight out. nor have I had to present employer details. Guess this means they are old style one. Cheers for that.

[BRIGADIER2JCS]

Any money you have have paid to Link after the debt was SB is

treated as a gift, you will need to be very accurate on the SB date

on that one.

[ant1878]

97 is LINK. Same letter to them as to SLC.

[ant1878]

Ok, would SLC have the info on 97 loan still or all passed on to LINK, theyre surely not going to pass over the info willingly? SB is 6 years, from last payment and or deferment?

[BRIGADIER2JCS]

97 is LINK. Same letter to them as to SLC.

 

Yes if you believe that the debt was statute barred BEFORE you started to pay them,

just amend the letter to suit the circumstacnce.

[ant1878]

I'm guessing a phone call to SLC tomorrow is the best step. Get the details from them, re non payment and non deferment times. Fingers crossed for 6 years, sure it is and get the SB letter out to them.

[ant1878]

Yesterdays info has stood me in good stead. I've spoke to LINK and SLC today.

 

All my loans 97-99 were the old style. Its looking like I did make some contact with them.

 

I only deferred 19th Nov 2002 according to their records.

 

It gets a little murky from here on in. LINK said a payment was made to an agent 19th Dec 2005 £26.45 and SLC say the same date but £80.00. Neither can provide any details of the agent. Both companies said the payment covered all 3 loans which had not yet matured.

 

I made my first payment of £25 to LINK in ref to 97 loan on 3rd Dec 2010.

 

From my understanding of yesterdays info from you guys, it appears there has been a clear 6 year gap of non payment nor acknowledgement in relation to 98 & 99. Therefore, I assume, I can issue a statute barred letter re 98 & 99.

 

However, re 97 it looks like there hasnt been a clear 6 years. I have been paying £25 since Dec 2010 ( 13 months out)

 

I have requested all documents from SLC (agreement, deferment, payments) for 98 & 99. They said they only release 97 to Thesis ( LINKs agents) as it is now there debt.

 

Ive requested a SARC from LINK, £10 and will await.

 

My question is do I wait for the documents from SLC or just send the Statute Barred letter now? Also, re LINK do I wait and see what they produce?

 

Anyone with experience of LINK/SLC producing all documentation, anything to look out for which may possibly give some room with LINK or do I have to continue paying them?

 

Thanks in advance.

[dx100uk]

link and their phantom payment claim again.

 

sadly, although in a way beneficial [though you knew 98/99 were sb really anyway] its cofirmed that at aleast.

 

you really should never ever ring a dca they will say aNYTHING spoof into continuing to pay.

that they will not put in writing

and link are by far the worst!!

 

i once heard it quoted tht link know 75% of their income is from debt people dont actually owe anything on...clear profit to harrass others

 

so's you've SAR'd link?

 

my gut tells me to stop payment now.

 

they wont have any proof once you scratch the surface.

it wont harm.

 

dx

[ant1878]

The SAR is written for LINK, need to send it recorded tomorrow. Would you make it FAO compliance manager? I didnt take a name.

 

I've used the statute barred letter for SLC someone ( may have been you) gave the template for in an earlier post.

 

I was going to wait for SLC docs but they told me the info I needed to know, so off it goes tomorrow.

 

LINK, you reckon just stop paying them till they produce documents. I'll go with that. This payment in 2005 is the one that stops the 6 years. As it was to a debt collection agency, they were unable to provide the details of, do i challenge that?

 

Theres nothing negative on my credit file re any of these? Are they possible to suddenly appear if I SB 2 of them and then start querying the LNK one.

 

Many thanks for your help.

[dx100uk]

dont think student loans go on cra file.

 

to a DCA my foot!

 

they have no record of whon or why or even IF you were the one that paid

this 'phantom' payment to the debt.

 

yes sotp paying

 

how did they spoof you into paying again in 2010

 

dx

 

dx

[MrHat]

Any updates to this thread? I have been in a similar situation so would be intertested to hear what happened if anything.