Scape79's UE Diary

[Scape79]

Type of account LOAN (SLC Student Loan)
Date commenced AUG 1997 (then in 98, and 2000)
Approx balance 6k
Date last paid NEVER
Are you on arrangement or not paying NOT PAYING
Status IN ARREARS/DEFAULT > not sure!?
Account owner DCA (CAPQUEST)

Hi All, I was hoping for some advice on what course of action i should take with regards to the letters I am receiving from CAP Quest on behalf of the Student Loans Company. I do hope this query is treated without judgement as although it is not necessarily my intention to get out of paying debts attributed to my education, I do want to go down the unenforcability route whilst i am dealing with Capquest and not the SLC themselves.

Dec 11 > contacted by Capquest on behalf of SLC
3. Jan 12 > contacted by Capquest Lawyers threatening legal action
5. Jan > requested CCA
7. Jan > received "Account on Hold" letter until CCA provided.
18. Jan > received UE CCA for loan taken in 2000.
25. Jan > received "letter before action" from Capquest

The CCA i received is a signed document without any T&C's, statement of accounts or repayment plan - and is an amount for 1 year only (i.e. 2000 - last year of study). The reason why i have not been contacted before is that i lived abroad for a few years and although earning above the so called threshold on gross pay, due to taxation differences, my net pay was well below the threshold. I did call them once when abroad (in 2008); and as i understand it, my loan would become statute barred from 2014 onwards.

As far as I understand this incredibly complex situation, I now have the option to put the account into dispute? What implications does this have for me, or is there another course of action anyone could reccommend whilst it is CAP QUEST i am dealing with?

Any insight is much appreciated

[MrsD]

Re: Scape79's UE Diary

i think you have to send back the template telling them what is missing from the CCA, I'd also upload the CCA you received to Niddy so that we can get a conclusive opinion.

Is this your only debt?
have you received a default ?
Are Capquest action on behalf of SLC or have they bought the debt.
Why do they think its due if you reckon you've never earned over the limit?

[Never-In-Doubt]

Re: Scape79's UE Diary

This student loan will be statute barred won't it - so surely you tell them to get lost? The fact you called them means nothing, we can easily prove that never actually occurred.....

Just my brief observation.....

[Scape79]

Re: Scape79's UE Diary

i think you have to send back the template telling them what is missing from the CCA, I'd also upload the CCA you received to Niddy so that we can get a conclusive opinion.

Is this your only debt?
have you received a default ?
Are Capquest action on behalf of SLC or have they bought the debt.
Why do they think its due if you reckon you've never earned over the limit?

Hi Evenlessdopy! Thanks for reply. To answer your questions:

1) This is my only UK debt
2) I never received a default for the initial loans, but on the 5th Jan 2012, i did receive a default letter directly from SLC referring to a £22.80 Tracing Charge!! On this letter, it also states that "this notice does not take account of default sums which we have already told you about..etc" > i never recevied anything else.
3) CapQuest are acting on behalf of SLC according to their letters.
4) I never arranged a Refferal which you need to do every year if thats the case. When i spoke to SLC in 2008 stating my case > they simply rebuked me that the terms of the agreement are based on Gross Pay not Net Pay, so even though im working abroad and cant afford to pay..... i still need to pay.

This is what i received...

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[Scape79]

Re: Scape79's UE Diary

This student loan will be statute barred won't it - so surely you tell them to get lost? The fact you called them means nothing, we can easily prove that never actually occurred.....

Just my brief observation.....

Hi Never in Doubt. Thanks for your advice.
It is a very good point, I did call them once but that was it.

This could mean i can go down the SB route already?

[Never-In-Doubt]

Re: Scape79's UE Diary

^^^^^^ That is a blanket agreement and would not, and does not satisfy s.77.

Basically send this back to whoever is hassling you; ---> Our Templates | Unenforceability Templates | Statute Barred - England (6 years)

[Deepie]

Re: Scape79's UE Diary

I Would send them this > Final Response - Statute Barred

[Never-In-Doubt]

Re: Scape79's UE Diary

Hi Never in Doubt. Thanks for your advice.
It is a very good point, I did call them once but that was it.

This could mean i can go down the SB route already?

It is statute barred - well in my opinion anyway. It is for them to prove otherwise and they will not have a recording of any such call, as they only retain recordings for 6 months (ooops)..... so, as you have never paid you can tell them to bugger off....

:niddy :niddy

[Never-In-Doubt]

Re: Scape79's UE Diary

I Would send them this > Final Response - Statute Barred

Not yet - you're jumping a step - this is the final response.

Basically send this back to whoever is hassling you; ---> Our Templates | Unenforceability Templates | Statute Barred - England (6 years)

[MrsD]

Re: Scape79's UE Diary

sorted!!

[Scape79]

Re: Scape79's UE Diary

Thank you everyone so much. It does seem that I can go down that route of statute barred. I will update everyone on what happens next and ill likely be back here for advice in the next week or two

In meantime ill keep checking back, to see if anything is added however I will be sending Niddy's STATUE BARRED letter tomorrow, and i presume then the STATUE BARRED final response letter in a few weeks.

Again, thank you everyone, and may God bless this fine site

[Scape79]

Re: Scape79's UE Diary

Hi guys, I have now drafted the statue barred letter, but I am just looking for some reassurance on whether this counts as an acknowledgement of the debt. Worst case, there may have made one payment from abroad which could constitute as proof. I really cant remember though ?? in which case, if they provide this does that mean that not only has the debt been acknowledged but is now fully liable!

Another question, should i also mention that the doc they sent me does not meet the requirements of the CCA 1974 s.77?

[Deepie]

Re: Scape79's UE Diary

Hi guys, I have now drafted the statue barred letter, but I am just looking for some reassurance on whether this counts as an acknowledgement of the debt. Worst case, I may have made one payment from abroad which could constitute as proof. I really cant remember though ?? in which case, if they provide this does that mean that not only have I acknowledged the debt, but also I am now fully liable to the courts?

Another question, should i also mention that the doc they sent me does not meet the requirements of the CCA 1974 s.77?

Just send the letter as it is............

[Scape79]

Re: Scape79's UE Diary

Just send the letter as it is............

Hey guys, thanks so much for the advice to date and sent the statute barred feedback . Since then I have received 2 letters from Cap. I hope you can have a look and let me know the legalities of my situation and whether i should take further action.

1st letter - was brief and stated that they will get in touch with the client and be in touch.

2nd - received last week - makes no reference to all previous communication, and continues along the lines of "your case maybe processed and passed to our solicitors on or around xx Feb" I also have a name of a "case handling supervisor" who is now there "handle my account through litigation, but also to assist and inform me on any query".

So moral of the story is that they have been unable to provide any of the information that I have requested, and are just continuing to threaten legal action. I guess I shouldnt necessarily be worried until i see evidence that this is nothing more than an idle threat.... however should I take further action or should i ignore them for now!?

Any advice is much appreciated; i need to know where i stand with these guys.

[Deepie]

Re: Scape79's UE Diary

I Would just ignore for now.............