Link Financial and Pre98 Student Loans

[DanDare]

Hi, important brand new here and was directed here by a friend when i explained my current situation to them.

I was a Student 1992-95 and the SLC apparently obtained a CCJ in 02 as regards my Student Loans. Roll on to 2006 and i get a call at parents home from someone from SLC demanding payment in full of my outstanding student Loans and they told me that they had a CCJ, after a panic conversation where i explained that i was unemployed i was forced into setting up a £5 dd which i did, i never told my family and kept this secret for many years.

Roll on 4 years and my debt was sold to Thesis/Link and they started pestering me for increased payments and in 09 i became unemployed due to ill health. Recently, i spoke with a friend from Uni and told them about all that i am telling you and she advised that i should investigate further as there was anomolies she felt.

Followed the CCA with Link and SAR with SLC. Link tell me that they are servicing the debt on behalf of SLC who state that they have no interest anymore
in my loans as they had been sold to Thesis/Link


Have received CCA and SAR and cannot find any reference for CCJ, dug out old credit reference checks and nothing shows there . I was then provided with a two letter followed by six number reference which was cross checked and rejected by Northampton CCBC.

Most recently i have sent a Section 10 Notice and stated that the CCJ was disputed as was ownership of the now alleged debt, there was also a misappropriated payment complaint as they claim that i have paid less than i actually have.
The response to the complaint was received a day late and did not address the above complaints, instead it answered the others and ignored these.

I have now reached the stage that i do not know what to do next as i understand that the CCJ is now the debt and they cannot provide a reference for CCJ nor can they provide the 'Notice of Judgement '.

.

[DanDare]

Re: Link Financial and Pre98 Student Loans

Hi, please excuse some of the grammar above as i am using my phone and the predictive text is frustrating.

[Amethyst]

Re: Link Financial and Pre98 Student Loans

Okay - IF they ever had a CCJ against you then it would have come off of the court register and your credit file after six years (so in 2008 sometime) - which may be why it doesn't show up. To pass the CCJ on to another company would take an application to court which it doesn't sound like they have done.

So you have been paying £5 a month since 2006 when SLC decided to try enforce the CCJ ? ( so about £600 to date?)

Did you change the payment details in 2010 when Link/Thesis alleged they took over the CCJ ?

How much was the original debt that they had a CCJ for ?

What did come back in the SAR ? and was that the SLC or Link/Thesis ?

Probably be a good idea to post up your complaint made (redacted of your personal details) and their response so we know exactly where you are at.

I'm sure others will know more on Student Loans particularly but isn't there usually some deferment of repayment until you are earning over a certain level?

[DanDare]

Re: Link Financial and Pre98 Student Loans

Hi again Amethyst and thank you for replying, i will give you what i know in the order of the paragraphs you have asked above.

1.) Andy and dx from CAG have brought me upto speed on CCJ's, and this is the crux of my argument as the SAR has no record of any CCJ but it does have three London court papers for an 'Attachment of Earnings Application' upto Sept 02 where they tried to issue but i was in USA and it never was/has been executed. Further, the reference they provide for my CCJ is the reference for this/these three hearings.

2.) I have paid them to date exactly £500, i stopped paying in Oct 13 once the account went into dispute. The initial payments were £5 per month until link did the usual calling asking me to up payments. This i did to £10 per month for 11 months when i then stopped and raised a dispute/ this dispute as regards the Account.

3.) As regards what was the original amount of the CCJ judgement? This again is the crux of my dispute as i have been told by link that it is £4404.28 and i have asked them to prove this and they have ignored but, i know the reason why they have because like me they cannot locate the judgement.

4.) The SAR from SLC is where i understood that there must have been a CCJ as it was the SAR that provided the 'Attachment of Earnings ' court details. But, this has never been enforced as i have never filled in any court papers.
As regards the CCA, link simply sent me what i already had received from SLC as i noticed in the correspondence detail provided by SLC that what had been provided for me in my SAR was emailed to link also. In the CCA to link they provided me again a photocopy of my original loan applications with SLC as evidence of their right to the now alleged debt. I did point out to them that they are not the original creditor and therefore there is no signed contract between myself and them but, decided to let it go when i was made aware that the CCJ is now the contract which link do not appear to understand. ....Hence my dispute, link are attempting to collect a debt that they neither hold nor can get proof off. Also, they did not obtain this elusive CCJ it was the SLC, who now claim to have no interest in my loans since they sold them in 2008.

5.)Regarding deferring i have only very recently been made aware that this was what i should have been doing. Both SLC & Link have not operated correctly as i did demonstrate that i was on benefits to both and they both continued to force me into making payments.

I will attempt later to upload my 'Section 10' notice and their response, if i have forgotten anything also i will update later too.

Many thanks,

Dan aka WarrenBuffet aka ErnieBecclestone.

[DanDare]

Re: Link Financial and Pre98 Student Loans

I have attached below the main page from my Section 10 Notice and the rest are Links Final Response as regards my complaint.

[DanDare]

Re: Link Financial and Pre98 Student Loans

My complaint is still as follows... this is what i feel they have ignored and would like to convey back, is there any guidance as regards giving them 7 days to respond or such like? Any advice and pointers welcomed.

PS: I intend to remove any ref to Statute Barred

Dear Sir/madame,

Thank you for your letter received on xxth Jan 2014 after your 'Holding Letter' received on the xxth Jan 2014 the due date for your response to my 'Section-10' notice. As you are aware your response was late however more importantly if failed to address a number of my complaints, as a result of both of the above this alleged debt is now unenforceable.

As you have failed to understand that the CCJ judgement with it's 'Notice of Judgement' has replaced the original contract for the alleged debt. Therefore the reference you continue to provide form this Judgement was from a London court and not the Northampton court as you continue to state. I have attempted to tell you on several occasions that this reference XT999999 continues to be rejected by the Northampton CCBC .

You have chosen to completely ignore my complaint in my Section-10 Notice As regards 'Misappropriated Payments'. You do state correctly that the first payment was made on June 2006, however you failed to correct your statement on a letter from 6th Dec 2013 whereby you claim that i have made contributions of £446 only. I would be very interested in understanding how you established this figure when my contributions have only ever been in £5 or £10 installments?
Further, your statement that my complaint as regards your handling of the alleged debt as 'nonsensical' and your reasoning being that contributions having been made since June 2006. You appear to be unaware that i have already told Link that i have recorded telephone conversations both between myself and Link and myself and the Student Loans Company where, Link/Thesis claim that they are "Only servicing the account on behalf of the Student Loans Company" while the Student Loans Company state "We have no interest in your loans as they were sold to Thesis/Link". Is my dispute over the ownership of this alleged debt still 'nonsensical ' in your opinion as a result.

If your 'nonsensical' statement applies as regards contributions made, then please be aware that any payments made under duress do not indicate nor even imply liability for an alleged debt. The duress in my case is/was the threat of a CCJ that after several attempts and requests you have still failed to produce and as a result this will make this alleged debt statute barred.

You have clearly stated that my 'Judgement balance is £4840.28' and have failed to provide the 'Notice of Judgement ' to verify this and, as a result the alleged debt due to the 30 days now having lapsed is unenforceable at Law.

You have failed to respond within the 30 day period and your late response failed to address many of my complaints as outlined above. I therefore demand that you now remove all data as regards my account as stipulated in my Section 10 notice and refund the £500 the in contributions i have paid towards this alleged debt. I will at this time as a gesture of 'Goodwill' ignore the interest on the amount and the expenses that i have incured due to establishing the legality of this alleged debt. If you chose to not accept this then i will pursue you for all costs incurred at a later date.

Yours faithfully,