Student Loans Company

[princess jane]

Just had an infuriating conversation with them.

They are trying to apply £52 of charges to my account, which I will of course be claiming back.

But they also say I have £500+ of arrears, as I did not receive deferrment letters for three years, and they can only defer for three months, apparently.

I offered to repay at £20 a month, which is genuinely all I can afford.

They made me go through an expenditure statement, which backed up my offer.

They then chose to disregard this information, and say I MUST pay more, and I need to ring my other creditors and ask them to reduce payments.

I refused, and told them they could take me through the County Courts if they weren't happy, but once a judge saw my credits and debits, they would be lucky to get a sum, in double figures, and they knew it.

They agreed to take £20 but said it MUST be increased at some point.

I suggested they ring either of my bosses at my two jobs and ask for a pay rise for me.

I really don't want to end up in court, they can't take it to this stage if I am making reasonable attempts to pay, within my means, can they?

I have asked verbally for a copy of my original statement, under the CCA, do I need to back this up with a letter?

Any more advice on this eagerly sought.

[kokomar]

Thanks for the pm.

These people are not only incompetant they're rude, arrogant and usually downright nasty (personal opinion here of course). I had the same thing, income and expenditure then sorry we come first your other creditors will have to wait. (Yeah right!) Chin up you did really well to hold them down to £20.

The CCA request is only valid if your loans are pre-1998, after that they aren't regulated by the CCA, you might already know this. Have they refused you any further deferments? If not get that form in asap, and make sure you keep up the £20 payments on the arrears, then no they have no reason to take you to court, you have acted responsibly and shown willing within your means. Good luck, I'll keep watching your thread.

Koko

[princess jane]

Thanks!

I hardly slept the night before I rang them, but now I have stated my case and know I have people behind me, things don't seem so bad.

I have sent off a Subject Access Request and CCA request combined, as my loan commenced in 1997 as so is governed by the CCA, which I have drawn their attention to in my letter.

One thing I didn't say, and I wish I had, is surely their call handler telling me to approach other creditors and negotiate a reduction of payments would constitute financial advice.

Based on my conversation with SLC, IMO I would be surprised if they had Maths GCSEs.

When they ring back to demand an increase in payments I will demand to see some evidence which allows them to dish out their pearls of wisdom.

The most annoying thing was when the call handler went off to speak to her supervisor, and could clearly see I had virtually zero disposable income, she came back and just kept saying "You need to pay the money, I'm not going into it".

I pointed out she now knew more about my financial affairs then almost anyone else, so she already HAD gone into it.

They tried to get a credit card payment and my home and mobile numbers off me, but I refused, telling them that given my outgoings, they were more likely to find me at work than anywhere else.

The deferment form is being posted out to me, they say, and I have all my payslips from both jobs ready to go.

I've checked out how much I need to be earning before I have to start making repayments, and I am well under the threshhold, so that should quieten them for a bit.

Sorry mini-rant!

[Slab Layer]

Hello.

I'm new here and would like a little help if possible, even a pointer in the right direction?

I'm about to try and claim back charges from these people (SLC) as they charged me £100's of pounds whilst I was abroad and claimed I hadn't deferred, which I had 4 times for 1 years deferment.

To cut along story short, do I ask for a Subject Access Request or a CCA first? Also, I guess this has to be done in writing and not over the phone?

Any help would be much appreciated.

PS all my loans are pre '98.

Cheers.

[princess jane]

I combined the two, using templates from this excellent site. Sent off last week, no response as yet.

One thing that I didn't mention in the letter, which really should be included, is SLC have 12 days to comply with a CCA request.

If I haven't heard by the end of the week, I'm going to call them, when I can remind them of such.

A major financial institution should be aware of this deadline, I would hope, and ignorance is no excuse, as they told me when lecturing me over non-return of my non-received deferment form.

See below -

YOUR ADDRESS

Student Loans Company
100 Bothwell Street
Glasgow
G2 7JD
October ??, 2006


Data Protection Act 1998 - Subject Access Request
Consumer Credit Act 1974 - Request for Credit Agreement


Dear Sir/Madam

ACCOUNT NUMBER: ???????????

Please supply me with a complete list of transactions and charges relating to my history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I also require that you supply signed true copies of the agreements and the deeds of assignment of the above referenced agreement.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 cheque in payment of the statutory fee for the account.
You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
I remind you accounts with yourselves commenced prior to 1998, are bound by the terms of the Consumer Credit Act.


Yours faithfully,


Jane O'Neill

[noomill060]

Jane-

The last paragraph is an unnecessarily helpful reminder to these bandits- No point setting their little civil servants heart racing with too much information!

(we dont want them to put TOO much effort into finding the original agreement, do we?)

Far better that they know where the Rich Tea biscuits are, than silly old bits of paper, eh? ;o)

[birdkeith]

hi jane,i am new to this site,in fact im relatively new to computors,im 65 but
working for my daughter,there is so much realy good info on this site,and your experiance is close to ours,but there isnt enough room yo write all my probs
with these people,suffice it to say,i find them to be bullies,arrogantand to say
economical with the truth would be too kind birdkeith

[steven4064]

Originally Posted by noomill060

(we dont want them to put TOO much effort into finding the original agreement, do we?)

Now, now

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site

[birdkeith]

thanks for this steven,i had actualy read it earlier,but yes,coupled with one or
two other comments on this site your reply is very helpful,but i do have this
prob with the ccj to contend with,but i will let you know how i get on with
that one,what did you mean about scales,i am new to computors birdkeith

[maybelline]

birdkeith, the scales appear on the bottom left hand corner of the box you post in, if you rest the cursor on it, you will see it adds to reputation for the poster, you need to click on it to add to their reputation regarding the advice they have posted