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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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/ Madam, II have not paid any of my student loan

Resolved Question:

/ Madam,
II have not paid any of my student loan back since leaving uni in 2005. A letter was sent to my motheres address that stated 'HM Revenue & customs do not have recognise the details we currently hold '.
Apparetnly i need to complete some forms, with my new foreign address and salary detials and they will calaculate a repyament schedule.
If i do not respond i may have to pay a penalty to cover the costs they incur to find out said information.
I dont have any UK bank accounts or assets, i ahve not made money in the UK since 2006 and was actually unemployed when i left.
What actions are they legally allowed to take?
thanks help.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

When should you have started to make payment? Have you admitted the debt please?

Customer:

Should have started in April, 2006. Have never had a letter or made contact with them.

Customer:

Can a post 98 loan be statute barred?

Alex Watts :

Yes it can be. It is still 6 years under the Limitation Act 1980 from when it become due

Alex Watts :

So if you have not admitted it or paid anything towards it 6 years when it became due, it could be statue barred

Alex Watts :

Can I clarify anything about this today please?

Alex Watts :

Please see:

Alex Watts :

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-04.aspx

Customer:

if i dont statute bar it, what can they actually do?

Alex Watts :

They can take you to Court, you could get a County Court Judgment and they can enforce it by sending in bailiffs, attachment to earnings, charge on property you own, or make you bankrupt

Customer:

Cant get a CCJ, as i dont live in the UK, i make no earnings in the uk, have no assets, own no property, no bank accounts.

Customer:

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 loan over five years old as they do not have to go to court to do so.

Customer:

Scots Law is obviouslt different form the link you provided.

Alex Watts :

Scots law is 5 year limitation

Alex Watts :

But again the Limitation Act does not exclude student loans.

Alex Watts :

They still need to enforce it against you.

Alex Watts :

But as you have said you are not in the UK, so it wont make any difference.

Alex Watts :

You have no assets, no bank account etc

Alex Watts :

So in reality there is nothing they can do.

Customer:

Do you think i should still send them a 'staute barred letter' ?

Customer:

thanks help.

Alex Watts :

No, given you are not in the UK I wouldn't respond at all

Customer:

last one, debt is a civil matter, therefore i cant be stopped in heathrow when i go on holiday? Or maybe i could just travel on my 2nd passport?

Alex Watts :

Correct, its civil

Customer:

thank you. Now dont stay up too late working.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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