GDPR Cookie Consent by SimpleServe Privacy Script Link Financial and pre - 98 student loan - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Link Financial and pre - 98 student loan

Collapse
X
Collapse
 
  • Page of 2
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 template Next
  • #1

    Link Financial and pre - 98 student loan

    Where one saga ends another begins. Having been all self righteous and pious with my boyf about him getting into all this bother over a bloomin parking ticket, I am now being chased by the odious Link Financial Outsourcing for a very old ('94) student loan which has appeared out of the woodwork (showing my age now). However again thanks to this forum I did my research and found out it is 100% statutue barred so have fired off a p**s off and stop harassing me letter to them today. Will come back on here if needed and they don't back off.

    Happy days

    Thanks again

    Last edited by Riz; 20 January 2012, 21:23. Reason: Admin edit for new thread
    Tags: action, bailiff, bailiffs, banks, benefits, class, con, contract, court, cpi, dca, debt, disgusting, england, government, help, income, information, interest, job, legal, letter, loan, loans, money, mortgage, mse, niddy, parking, parking ticket, rate, rates, recovery, rpi, rules, statute, statute barred, stop, student, student loans, tax, template, templates, ticket, unemployed, unenforceability, university
  • #2
    Re: General Information About Bailiffs

    Yep and to solidify this and stop the next question of "it's a gvt debt so can't be SB" - read this from fermi off MSE ---> MoneySavingExpert.com Forums - View Single Post - HELP ME - STUDENT LOANS - is it statute barred?

    He's pretty damned good at this stuff and if he says it's SB - chances are it will be
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment

    • #3
      Re: General Information About Bailiffs

      ps I think the rules may different with pre 98 loans. Not my area of knowledge being honest with you.

      * niddy shouts Rizzle*
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment

      • #4
        Re: General Information About Bailiffs

        Niddy,

        Is this because the money does not come directly from Government, as it is just a Government scheme financed by the banks?

        Comment

        • #5
          Re: General Information About Bailiffs

          I honestly don't know mate. Rizzle will know. I just pm'd him
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            Re: General Information About Bailiffs

            Originally posted by Never-In-Doubt View Post
            ps I think the rules may different with pre 98 loans. Not my area of knowledge being honest with you.

            * niddy shouts Rizzle*
            Pre 98 student loans can be statute barred.

            If it meets the standard SB criteria then they apply, and this 94 one would be just like any other loan.
            Last edited by Riz; 20 January 2012, 20:05.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: General Information About Bailiffs

              Originally posted by pompeyfaith View Post
              Niddy,

              Is this because the money does not come directly from Government, as it is just a Government scheme financed by the banks?
              Not really.

              Student loans are sourced from government funds anyway I think, but they are just normal loans.

              The only exemption for government debts in the Limitation Act 1980 is for:

              "any proceedings by the Crown for the recovery of any tax or duty or interest on any tax or duty"

              That is it. No wider.

              So loans, benefits, and debts owed to all other government departments can be SB like any other debt.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: General Information About Bailiffs

                Post 98 loans can also be SB, but all that does is bar legal action.

                They can still be recovered by deduction from wages, which doesn't require legal action, so is not blocked.

                ditto with benefits etc where they can be deducted from ongoing entitlement.
                Last edited by Riz; 20 January 2012, 20:10.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: General Information About Bailiffs

                  There have been a few examples on various forums of Link going after SB student loan debts of late.

                  Initially they seem to try and ignore or deny the issue, but they can and will fess up and bog off if you are firm.

                  Just one example: Pre-1998 Student Loan Statute-Barred?
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: General Information About Bailiffs

                    Originally posted by rizzle View Post
                    Post 98 loans can also be SB, but all that does is bar legal action.

                    They can still be recovered by deduction from wages, which doesn't require legal action, so is not blocked..
                    This is interesting Rizzle. My daughter finished university 4.5 years ago and has not paid a penny back towards her student loan because she has been either unemployed or earning less then the minimum threshold (£15k rising to £21k soon?). She is now self-employed so doesn't have an employer to deduct payments. Could this mean that in 18 months time the Student Loan may be SB if I've understood you correctly? She hasn't ever acknowledged anything since she gave them our *home* address at the outset and neither of us lives there now. Once 6 yrs are up if she gets a job then the employer will deduct SL payments but no DCA can take her to court

                    Comment

                    • #11
                      Re: General Information About Bailiffs

                      Cheers everyone - just confirms my a research so far - my loan is pre 98, meets all the statute barred criteria and there is even a template on MSE to send a letter refusing to acknowledge the debt quoting all the relevant legal stuff. So if they continue to chase me it constitutes harassment unless they can prove that I acknowledged the loan in any way in the last 6 years which I have categorically not done.

                      I'm looking forward to their response saying the case is closed - and then shopping for more shoes to celebrate (or maybe putting the money 'saved' towards our next mortgage!)

                      Comment

                      • #12
                        Re: General Information About Bailiffs

                        Ooops think I may have accidentally started what should be another thread here - sorry

                        Comment

                        • #13
                          Re: General Information About Bailiffs

                          SB template is here (our version):---> Our Templates | Unenforceability Templates | Statute Barred - England (6 years)
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment

                          • #14
                            Re: General Information About Bailiffs

                            Originally posted by PlanB View Post
                            This is interesting Rizzle. My daughter finished university 4.5 years ago and has not paid a penny back towards her student loan because she has been either unemployed or earning less then the minimum threshold (£15k rising to £21k soon?). She is now self-employed so doesn't have an employer to deduct payments. Could this mean that in 18 months time the Student Loan may be SB if I've understood you correctly? She hasn't ever acknowledged anything since she gave them our *home* address at the outset and neither of us lives there now. Once 6 yrs are up if she gets a job then the employer will deduct SL payments but no DCA can take her to court
                            My DD is self-employed, graduated 6years ago and I do her tax for her, this past years tax due included the legend "this includes student loan repayments and class 4 NIC as well as income tax" so the self employed don't get to slide away, unfortunately for them.

                            Comment

                            • #15
                              Re: General Information About Bailiffs

                              Originally posted by rizzle View Post
                              There have been a few examples on various forums of Link going after SB student loan debts of late.

                              Initially they seem to try and ignore or deny the issue, but they can and will fess up and bog off if you are firm.

                              Just one example: Pre-1998 Student Loan Statute-Barred?
                              Rizzle that's just brilliant thanks and has really reassured me - now I have a follow up letter to send should they choose to ignore the first; http://forums.moneysavingexpert.com/...47&postcount=4

                              Ready to do battle

                              Comment

                              Previous 1 2 template Next
                              Working...
                              X