HELP! Student Loans Company/ CapQuest - now BCW

[knoxvillain]

Received a letter from SLC today stating that my debt is not statute barred since I made a payment in 2006 (doh!) I take it that even if it was statute barred then this payment would in effect unbar the debt?

Still no sign for a CCA though.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[fermi]

Originally Posted by knoxvillain

Received a letter from SLC today stating that my debt is not statute barred since I made a payment in 2006 (doh!) I take it that even if it was statute barred then this payment would in effect unbar the debt?

Nope. Once a debt is statute barred it stays that way.

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

ADVICE
If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable.

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you have started to make payments on a debt after the five year limitation period has run out then the debt is probably unenforceable.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[knoxvillain]

Thanks for that Fermi Does anyone know what the procedure for a Freedom of Information Act request is? Is there a fee usually?

[The GodMother]

tell them to royaly go away and you will not bepaying any money to anyone until they can prove that this debt is still legal, eg un SB.

[knoxvillain]

Reply sent stating The Limitations Act 1980 doesn't apply to me so their letter makes no sense. Also stating that although I made a payment in 2006 and wrote them a letter, it was already statute barred then and so is still statute barred under The Prescriptions & Limitions (Scotland) Act 1973. Also stating that they are still in default of my CCA request.

I also decided to send them a Freedom of Information (Scotland) request for all correspondance relating to my account either sent or received and also a copy of any applications forms or CCAs related to the accounts. Lets see what they produce now.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[knoxvillain]

*sigh* Buchannan Clark + Wells just aren't taking the hint. Received a "Legal notification" yesterday from them basically stating that since I've not paid up "documents can now be prepared for the Issue of a Claim against you in your Local Court".

[The GodMother]

we never said they are intelligent

[knoxvillain]

Another letter from BCW, "we've received a response from SLC, please call us to discuss it, your account is on hold for 10 days".

An e-mail sent to them stating that as I have previously informed them, I won't be calling them and they should stop wasting me time and send the actual correspondance from SLC instead of letters asking me to call them. No response from SLC yet on my Freedom of Information Act Act request or my letter stating that I still have no CCA or that the debt is indeed Statute barred.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[tiglet]

Just hang fire until they come back honey - just a standard BCW threat-o-gram.

[Shawn0109]

Hey can anybody help me please, I got a SD in the post sent by second class mail the other day from Capquest, I have not had anything from them in writing until now, it's from an old student debt with the Royal Bank Of Scotland which must have like £900.00 in over draft charges on it, I'm really really worried about this and dont know what to do, I have Cancer at the present moment in time and dont need the stress that these people have been putting on me, anyway I havent talked to them by phone because I know what this company is like apparently they are bullys and talk/shout down to you like you are 5 year old children. I have today wrote a CCA letter and am going to be sending it out by recorded delivery I just need to know what address I should send this to? Because on the SD form it says person you should send corrispondece to is: J O'Keefe Capqust Debt Recovery Limited PO Box 413 Fleet GU51 9AR is this right or is it Capquest Debt Recovery Limited Fleet 27 Rye Close Fleet Hampshire GU51 2QQ. I am really confussed and should I apply to the court to get this set aside, because I want them (Capquest) to prove that I do owe this debt, I feel sick right now thinking about it and with having Cancer just doesnt help me right now. Please Help Anybody.......

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[The GodMother]

yes apply for a set aside and go from there.

I am nt expert on this so u will need to wait for one of them.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[knoxvillain]

Probably best if you start a thread of your own, you'll get more help that way I think.

BCW have now decided that my account is on hold again while they refer it back to SLC for instructions. Finally they're taking me a bit more seriously.

[shuck]

Hi,

Can anyone advise me if the SLC sell debts to credit collection agencies?

I received a letter from a CA in March stating that I should pay £3K within 7 days etc, etc. After reading through several threads on this site, I sent of a statute barred letter as I was sure that there was no acknowlegement of this debt for over 5 years (Scotland). I never received a response to this letter. After several weeks I received a letter from Scotcall who are based in Glasgow stating that the account had been passed to me. The letter included the usual demands 7 days to pay etc. I decided to send the same statue barred letter by RD and have yet to receive a response. It is now approximately 6 weeks since I sent this letter off.

Has anyone got any advice on my situation?

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[tiglet]

Hi schuck

It will probably help you more if you start a new thread - here's how:

http://www.consumeractiongroup.co.uk...i-dummies.html

[knoxvillain]

hmmm SLC seem to be in breach of my Freedom of Information Act act request now too

[knoxvillain]

Decided to e-mail SLC via customer_complaints@slc.c o.uk , got this today:

Dear Mr knoxvillain

Thank you for your e-mail.

Your complaint has been registered and will be investigated in line with our Complaints Procedure. A response will be issued to you in 10 working days.

A copy of our Complaints Procedure can be found on our website and I have attached a link below for your information.

http://www.slc.co.uk/noframe/corpinfo/complaints.htm

Yours sincerely

Irene E Ashby
Customer Assistance Team

Student Loans Company
100 Bothwell Street
Glasgow
G2 7JD

[knoxvillain]

Got a letter back today stating the limitation period "commenced from the date that the above loans entered repayment on 13 April 2004" Is this right? Does the limitation period not start until repayment starts?? Also, I have 3 loans with 3 different account numbers from 97, 98 & 99. SLC seem to treat this as one account instead of 3 seperate ones, can they do that?

[knoxvillain]

Ref: xxxxxx/xx/RMcI


Dear Mr Knoxvillain

Loan Account Number: 97xxxxxxx (Inc all)

I am writing in response to your email dated 28 June 2008 which has been
registered as a complaint.

Our records show that a response was sent to you on 21 May 2008 and 8 July
2008 explaining why your account is not statute barred.

Requests for personal data cannot be made under the Freedom of Information
Act.
Your letter of 23 May 2008 requesting a copy of all correspondence would be
a request under the Data Protection Act. A fee of £10 is applicable for
this information. We will be happy to supply you with the information you
have requested on receipt of your fee. Please send a cheque or postal
order, made payable to the Student Loans Company, to us with details of the
information you require. We have 40 days from receipt of payment to send
this information to you.

I have sent copies of your credit agreements to you today by recorded
delivery together with a blank copy for easy of reading. I have also
enclosed a prepaid envelope should you wish to make a request under the
Data Protection Act.

The balance on your account is due and we will continue to pursue you for
the outstanding monies.

If you are earning less than the deferment threshold of £2107 gross per
month then you may be able to defer your monthly repayments. Deferment when
accepted can be backdated by three months, however any remaining arrears
must be repaid. Should you wish to make an application please contact
Buchanan Clark and Wells for a deferment application form.

I hope I have clarified matters for you.

Yours sincerely

Rena McIntosh
Customer Assistance Team

Interesting that my CCA do exist but they've not sent them out until I made a complaint and also it sounds like it's not very readable?

[The GodMother]

well its best we just wait now until u recieve the agreements and can post it up.

BTW if it unreadable then it is unenforcable.

[knoxvillain]

I thought as much, here's hoping they're not readable. I'll enjoy point it out in court along with the Consumer Credit Act breach. Since they defaulted on the CCA request big time, what does it mean now they have provided them? Is it still unenforceable without a court order? What's the likelyhood of a court order being issued?