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It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years.
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The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time.
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It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t.
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It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred.
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If this happening then you can complain to your local Trading Standards Department in the council. They can take up your case for you. You can also complain to the OFT. Their address is at the end of the factsheet. The OFT does not usually take up individual cases but their Debt Collection Licensing Enforcement Team collects information that can be used to take action against problem creditors, who can even lose their Consumer Credit licence.
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It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years.
•
The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time.
•
It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t.
•
It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred.
•
If this happening then you can complain to your local Trading Standards Department in the council. They can take up your case for you. You can also complain to the OFT. Their address is at the end of the factsheet. The OFT does not usually take up individual cases but their Debt Collection Licensing Enforcement Team collects information that can be used to take action against problem creditors, who can even lose their Consumer Credit licence.
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Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) 6 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.
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Old style or “mortgage” student loans are consumer credit agreements. Payments cannot be automatically deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitations Act can apply if you have not paid or acknowledged the debt for over 6 years. (Asking for the loan to be deferred could count as acknowledging the debt and start time running again).
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From September 1998 new style or “income contingent” student loans include rules to say that repayments are 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 6 years old as they do not have to go to court to do so.
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