HELP! Student Loans Company/ CapQuest - now BCW

[The GodMother]

well i cant answer if they have provided them or not due to not knowing what is being sent.

from what they have said it does seem like they may have provided you with the copies of your credit agreements.

they can try and take this to court but i cant say what the court out come would be

[knoxvillain]

What I mean is, lets assume they have sent them and they are readable. Does this mean the fact they breached the Consumer Credit Act by not providing them within the timeframes doesn't really count for anything now and the debt is enforceable again?

[The GodMother]

yes they would be able tob enforce them but not needed threw the courts.

[knoxvillain]

super, I guess in that case I would Subject Access Request them for charges applied to the account

[The GodMother]

yep but not atm until the agreements have got here.

It may be part of the contract that they can add interest

[knoxvillain]

http://i352.photobucket.com/albums/r...8/97CCAPG1.jpg

http://s352.photobucket.com/albums/r...8/97CCAPG2.jpg

What you see in the scan is pretty much the quality of the CCA. The 98 & 99 ones are a bit better quality.

[knoxvillain]

hello? anyone?

[The GodMother]

yep well if they cant be read then non compliant.

personally i would rite to them saying they have not complied as the act says they need to be legable and they are not

[knoxvillain]

Did you check out the images above? They can be read but not very easily. You have to look really closely to figure out the words.

[The GodMother]

yes i did look and that is why i am saying the are unenforcable as they have to be readable.

Needing a magnifing glass or as u have said needing to look really closely does not make it radable.

u need to as for a more legable copy as i am sure the one u signed would not have been that bad as u would not have been able to read it.

[knoxvillain]

I did ask, they said that's the best copy they could provide, the original was sent to "secure storage" which sounds to me like an indirect way of saying a shredder!

[The GodMother]

Originally Posted by knoxvillain

I did ask, they said that's the best copy they could provide, the original was sent to "secure storage" which sounds to me like an indirect way of saying a shredder!

i say it is non compliant as i cant read it and i wear glasses. even tried enlarging the page and it did not work.

Personally i would write to them and advise that the agreement is unenforcable as u cant read it.

[knoxvillain]

After a period of quiet, got a letter from Smith Lawson & Company (funny how the initials spell SLC) saying that I have 7 days to pay/contact them or they will terminate my agreement and take legal action against me.

Anyone had dealings with Smith Lawson & Company before?
Can Student Loans Company register a default against me?
When does the clock start ticking for being statute barred? Is it from when the agreement is signed or from the first repayment?

[veester]

I am dealing with SLC atm
The law changes soon re Defaults for SLC - they might drag it out to do so.
re Statute Bar - neither - A debt is statute barred when the debt is not admitted/acknowledged etc for 6 years or over

[knoxvillain]

hi veester,

Thanks for responding. SLC are claiming that the clock doesn't start ticking until the loan enters repayment, are they wrong?

Can you tell me more about the law changing about defaults? I am working hard to get rid of a default from HBOS and so would not be keen on getting a fresh one from SLC. So at the moment they can't default? If it's going to change will it apply to loans setup in the past?

Thanks again,

knox

[tiglet]

Ok - something I'm a little confused about, KV. Your loans were 97,98,99 and yet they said you did not default on repayment until 2004?

Now, is this when they first asked you for repayment or when you would first ahve been eligible to repay? In other words, in case I'm not making myself clear, should/could they have asked you for repayment in, say, 1999 when you finished uni?