• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

capquest and old style student loan

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • capquest and old style student loan

    sorry about this you must be sick of this topic by now but I can't find any situation similar enough to help.

    I received a letter from capquest telling me that they were managing my account on behalf of erudio student loans. The day after the letter from capquest I got a letter from erudio telling me that capquest were on my case.

    I had 2 student loans one in 1990/91 and one 1991/92, I was a mature student and did not finish my course due my mothers ill health.

    I vaguely remember applying for a deferment and sending all my pay slips to a DCA in London and I remember getting in to a huge telephone argument with them when they claim to have returned my pay slips but I did not get them back, this was as far as I am aware the last contact I had with anyone about my student loans and I think this was around 1997/98. I should probably mention this was in Scotland and whilst I can't be positive I think there was a clause in the contract stating Scottish Law would apply.

    I lived at the same address until 2005, I then moved but I was on the electoral roll and I was there until 2012 when I moved to my present address I was not in hiding, I was easy to find and was registered to vote at every address.

    Back to capquest, I phoned the number on the letter and told them that this debt died on the 12 jan 2009 my 50th birthday
    I was told the debt was not statute barred (at this point I did not know it could be) I reiterated that the debt died on my 50th birthday. This is when they claimed that there was a deferral of payment granted in May 1999 and a ccj granted at Stirling Sheriff Court in 2001. This was news to me I have had no paperwork or any notification of a ccj either from the court or from the Student Loan Company. I should say that I told the person on the phone that as far as I was concerned the debt did not exist and not to bother with letters and phone calls but to take me straight to court.

    Roll on 6 days I receive a letter from capquest inviting me to work with them and not to ignore the letter or the account will be returned to the collections department? I thought they were the collections department.

    This morning received a phone call from capquest on my landline, this is an unlisted number when I asked where they got the number she replied Experian I told her not to phone me again and any contact should be by letter and then I hung up. Can they hound me or are they trying it on. thank you
    Tags: None

  • #2
    Re: capquest and old style student loan

    I know nothing about the Scottish court system. I have written an article about old style student loans in England here https://debtcamel.co.uk/old-style-student-loans/.

    Schedule 2 Para 12 in The Education (Student Loans) Regulations 1998 http://www.legislation.gov.uk/uksi/1998/211/made suggests that the age for a write of is 60 if you were over 40 when you started the course. Also that the write off only occurs if you are not behind in any payments. From what you have said, it sounds unlikely this would apply to you in 2009.

    In England the debt would not become statute barred because of the CCJ but the CCJ would be unenforceable in practice now after such a long time.

    I can't say what the situation would be in Scotland. I'll tag a few people who may know, or who may know who to ask... @Diana M @Amethyst @pt2537 any ideas?

    Comment


    • #3
      Re: capquest and old style student loan

      Originally posted by Debt Camel View Post
      I know nothing about the Scottish court system. I have written an article about old style student loans in England here https://debtcamel.co.uk/old-style-student-loans/.

      Schedule 2 Para 12 in The Education (Student Loans) Regulations 1998 http://www.legislation.gov.uk/uksi/1998/211/made suggests that the age for a write of is 60 if you were over 40 when you started the course. Also that the write off only occurs if you are not behind in any payments. From what you have said, it sounds unlikely this would apply to you in 2009.

      In England the debt would not become statute barred because of the CCJ but the CCJ would be unenforceable in practice now after such a long time.

      I can't say what the situation would be in Scotland. I'll tag a few people who may know, or who may know who to ask... @Diana M @Amethyst @pt2537 any ideas?

      The old style Scottish student loans write off age is 50 and as far as I can remember there was no age condition when taking out the loan, in any case I was under 40 when I took out the loan. I only remember receiving one deferment application from the SLC and I am certain it was before 1999. Will the court allow them to act on the ccj after all this time? I never left the country, I was not difficult to find and when I moved home I had my mail redirected. I am certain there was no communication from SLC.

      Comment


      • #4
        Re: capquest and old style student loan

        Have you checked to see if there is indeed a decree?
        https://www.trustonline.org.uk/search-yourself
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: capquest and old style student loan

          They claim the ccj was granted in 2001, it would not be on the register. Is there any other way to check. Even if for arguments sake it was true and a judgement was granted could they do anything about it after nearly 17 years?

          Comment


          • #6
            Re: capquest and old style student loan

            I really don't know the intricacies of Scottish law so I'm not in a position to say.

            I've seen something about a decree lasting 20 years, & that recalling one is fairly straight-forward in the right circumstances (I presume this was before the recent introduction of the 'simple procedure'), but beyond that is uncharted water for me, I'm afraid.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X