Student Loan being chased by Link Financial abroad. Advice needed!

[junglejim74]

Hello. I'm new to CAG forum. I'm hoping someone can offer some advice.

 

I've been living in New Zealand for some 12 years. I've recently received a letter from Link Financial Outsourcing via the Mauritius Postal Service, headed "Notice of Sum in Arrears" stating I have arrears on balance of over £10,000 and accruing £30 (give or take) interest monthly. The letter does not state what the debt is for, but I'm assuming it's a student loan from 1994-98 that I took out. I also think the size of the debt has been greatly inflated although I don't have any paper work to prove otherwise. I haven't received any other letters. I would have expected to have received some sort of notification, but since my address is partially incorrect, perhaps it never arrived. My brother in the UK recalls giving my address to a girl over the phone who claimed to be a long lost friend several months ago. This probably would account for the incorrect address that they are using.

 

I am in a quandary on how I should proceed. I haven't yet called either Link or SLC as I'm worried that I would hastily agree something I would later regret. I'm also concerned that if they had my contact details here, they would be calling in the middle of the night. I am in full-time employment earning a modest wage, but we recently had a new baby and I am currently supporting my family as the sole income earner. £10,000 is roughly $20,000 and it's money I just don't have nor hope to have any time soon.

 

I am considering making an offer for half the amount as I could just about scrape that together from the little savings that we have, or negotiate some sort of payment plan with either Link or the SLC. After reading about the cavalier attitude of Link here, I'm beginning to think this might be an unwise course of action. I haven't contacted or been contacted by the Student Loan Company, for at least 10 if not 12 years. Am I right in assuming that since more than 6 years has passed the debt is statute barred and no further action can be taken by Link?

 

We are hoping to return to the UK at some point in the future and so would like to have this resolved. Any advice on a course of action would be greatly appreciated.

 

Offending article attached. By the way, there was no page 2, just an Office for Fair Trade advice sheet...

 

[ATTACH=CONFIG]46476[/ATTACH]

[citizenB]

Please don't make contact with them - I suspect this debt is now uncollectable, I have asked others to look in and advise you.

[renegadeimp]

Its well statute barred. Either ignore them or send the sb letter.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?114834-can-i-use-statute-barred-on-a-1998-student-loan/page4

 

This thread is worth a read.. and should put your mind at rest.

 

If the loan was pre 1998 then it became statute barred after 6 years - if the loan was taken out after 1998 then the limitation is 12 years. They cannot issue a claim against these loans is my understanding.

 

IMHO, I would send Link Financial the statute barred letter which I have attached below. It will be for them to prove that it isn't. Do not engage with them on the telephone.

 

 

 

[Your address]

 

 

[Their address]

 

[Date]

 

 

 

Dear Sir or Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the 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 a 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.

 

I look forward to your reply.

 

Yours faithfully

 

PRINT OR SIGN YOUR NAME DIGITALLY

 

 

 

 

 

I have highlighted "Six years", you might want to amend that to amount of years there has been no contact/payment . Or you could leave it as is.

 

You might want to wait for others to have the opportunity to advise, but if it were me, the above is the way I would be going

[citizenB]

I have had it confirmed that if the loan was taken out BEFORE 1998 then it is definitely statute barred. After 1998 then they can take money from your salary. However, I would suspect that might be quite difficult given that you are in New Zealand !

[citizenB]

Apparently it is the Start date eg 1994, that matters so you are ok to send the SB letter as it is

[junglejim74]

Thanks renegageimp and citizenB, this is really lifting a weight off my shoulders. Is it worth sending a SAR to SLC as evidence of my statute barred defence, or just wait and see what Link's response is, if any?

 

Sorry if advance if I don't appear to reply to posts very quickly. We're 12 hours ahead and fast asleep...

[citizenB]

Thanks renegageimp and citizenB, this is really lifting a weight off my shoulders. Is it worth sending a SAR to SLC as evidence of my statute barred defence, or just wait and see what Link's response is, if any?

 

Sorry if advance if I don't appear to reply to posts very quickly. We're 12 hours ahead and fast asleep...

 

you can indeed send a SAR to SLC. Although I would simply be sending the SB letter and letting Lowells prove their case

[renegadeimp]

Link CB

 

I wonder how many people have fallen for their lies and tricks.

[junglejim74]

I will be sending the SB letter tomorrow. Will let you know how I progress. Thanks again.

[renegadeimp]

Dont let them mess you around. They have form for lying, such as saying SB does not apply, or that a random payment was made a couple of years ago. These claims are easily shot down though.

 

Good luck.