Heeelp! CapQuest getting Heavy

[vault]

Got a problem with CQ, They have come out of the blue saying that they are engaged to recover a student loan from 15 yrs ish ago and I've informed them its statute barred and so that's that they have now come up with a payment of £10 (which I have no recollection of) which makes it recoverable again and they're threatening to send 'da boyz' round. Any advice would be welcome!

I enclose the post conversation up to now:

[Curlyben]

Re: Heeelp! CapQuest getting Heavy

Hang on if this is from 15 years ago and the "alleged" payment was in 2010 it's still SB'd...

[pompeyfaith]

Re: Heeelp! CapQuest getting Heavy

lol are CQ that thick that they pay money to an SB debt ROFL

[vault]

Re: Heeelp! CapQuest getting Heavy

Hi Curlyben! Thanks for your reply! Any suggestions on how I proceed and how would it still be SB'd? I think the exact age is more 13 years on this account does that make a difference?

Cheers!


Vault.

[Celestine]

Re: Heeelp! CapQuest getting Heavy

Why on earth would you have made such a payment? Was anything debited from your account?

Sounds distinctly rotten fishy to me.....

[Celestine]

Re: Heeelp! CapQuest getting Heavy

13 yrs or 15 yrs makes no difference, it's still statute barred.

[Nibbler]

Re: Heeelp! CapQuest getting Heavy

SOL 1980

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

i.e. still statute barred, whether that payment is genuine or not.

I suppose if you want to continue playing letter ping pong with this bunch of incompetents, then you would just resend an amended SB letter making that additional point very clearly?

[seduraed]

Re: Heeelp! CapQuest getting Heavy

I'm not sure it is SB. Aren't there special rules for student loans?

[Nibbler]

Re: Heeelp! CapQuest getting Heavy

I'm not sure it is SB. Aren't there special rules for student loans?

Student loans can be statute barred like any other normal debt.

The old style ones (1998 and before) are just simple loan agreements that you pay back in the normal way, and as such they can be statute barred. i.e. legal action to recover them is barred.

That is all a debt being statute barred really means. Legal action to recover the debt is barred.

The newer style student (post 1998) loans can still technically be statute barred. However, in practical terms it doesn't matter, as the SLC doesn't have to go to court to deduct payments from wages. So the technical SB issue is either an irrelevance or never comes into play.

If Capquest are pursuing these loan directly, then they are presumably the old pre 1998 style loans, and as such legal action to recover them as threatened is barred, and SLC cannot deduct from earnings.

[Nibbler]

Re: Heeelp! CapQuest getting Heavy

National Debtline England Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

Student loans

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) six years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.

Old style student loans

Old style or ‘mortgage’ student loans are consumer credit agreements. Payments cannot automatically be deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitation Act can apply if you have not paid or acknowledged the debt for over six years.

Warning: Asking for the loan to be deferred could count as acknowledging the debt and start time running again.

New style student loans

From September 1998 new style or ‘income contingent’ student loans include rules to say that repayments will be automatically deducted directly from your wages or through your tax return if you are self-employed. This means that the SLC are still allowed to take money from your wages for a loan over six years old as they do not have to go to court to do so.

[ODC]

Re: Heeelp! CapQuest getting Heavy

Its up to Crapquest to prove YOU made the the payment. Its also up to them to PROVE that its not Statute Barred not up to you to prove it is.

I could paper the walls with Crapquests empty threats

[CleverClogs]

Re: Heeelp! CapQuest getting Heavy

Got a problem with CQ, They have come out of the blue saying that they are engaged to recover a student loan from 15 yrs ish ago and I've informed them its statute barred and so that's that they have now come up with a payment of £10 (which I have no recollection of) which makes it recoverable again and they're threatening to send 'da boyz' round. Any advice would be welcome!

I enclose the post conversation up to now:

The most recent, 5.pdf, is quite typical of CrapQuest, as it implies that a Warrant of Execution allows a bailiff to force entry into residential property - which it does not!

The debt would have become statute barred by six years from the date of the last acknowledgement or date the last deferment ran out.

As one might be minded to distrust anything stated by CrapQuest, it might be interesting to submit a subject access request under section 7 of the Data Protection Act 1998 - link - to see if that alleged payment was made and, if it was, from which card or account.

Should you discover that no such payment had been made, CrapQuest's explanation to the OFT might be interesting.

[vault]

Re: Heeelp! CapQuest getting Heavy

Will do! Many thanks!!!

[The Debt Star]

Re: Heeelp! CapQuest getting Heavy

they have now come up with a payment of £10 (which I have no recollection of)

do they get up to these dirty tricks?

[CleverClogs]

Re: Heeelp! CapQuest getting Heavy

I meant you should SAR the Stewed Ant Loan Co, rather than CrapQuest.
------------------------------- merged -------------------------------

do they get up to these dirty tricks?

Perhaps CrapQuest got Lowells to make a payment on the OP's behalf?