Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    claimitall Novitiate

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    Default Me vs Student Loan Company

    I have received a default notice from Westcot who have taken over i off my Student loans. I have now written to them using Alanfromderby's excellent CCA letter template and they are now both in default and have commited an offence under the CCA regs by not providing the info within 1 month. They have written saying they have suspended payments while they investigate. I will just sit on my hands with this one.

    I have a number of other loans with SLC which have never been chased by them but low and behold now i am in communication with Westcot i have a letter from SLC saying i now owe them money. The most recent loan was taken in 1998, 8 years ago, and SLC have never approached me for repayment until July this year when Westcot got involved.

    Can anyone offer any advice on statute of limitationsicon with these loans.

    Cheers

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  2. #2
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    Default Re: Me vs Student Loan Company

    I am in a somewhat similar situation to yourself.
    From what I can gather, If you took out your loans before 1998 then they are regulated under the CCA.
    Although I can not find any hard evidence of this....yet!.

    Did you defer payment?

    I dont think there is a limitation on student loans.

    I was chased by Smith and Lawson DCAicon (part of the SLC), and then, Legal and Trade after the SLC "claimed" to have not received my deferment forms despite having sent them three applications all on different occasions.

    It is my belief, in my case, that this is some kind of "method" thay are employing to enable them to default, and attempt collection of the outstanding loans.


  3. #3
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    Default Re: Me vs Student Loan Company

    Any updates on these?

    BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest
    1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

  4. #4
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    Default Re: Me vs Student Loan Company

    I dont think there is a limitation on student loans.
    Are you saying that student loans are not subject to the statute of limitationsicon Act. Why not? I would have thought their agreements were subject to the same laws as any other type of loan.


  5. #5
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    Default Re: Me vs Student Loan Company

    Took SLC to Court, they caved in and made an offer of settlement today.

    noomill v Student Loan Company


  6. #6
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    Default Re: Me vs Student Loan Company

    on official records slc has only ever settled out of court three times the last time was sep 2006


  7. #7
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    Default Re: Me vs Student Loan Company

    State your source.


  8. #8
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    Default Re: Me vs Student Loan Company

    Which official records would these be?


  9. #9
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    Default Re: Me vs Student Loan Company

    And how does mpul have access to SLC official records which are covered by the Official Secrets Act...


  10. #10
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    Default Re: Me vs Student Loan Company

    small claimicon court records upto date to the 5 apr 2007. available throw the freedom of information act on the .gov website


  11. #11
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    Default Re: Me vs Student Loan Company

    thay have refunded alot more than the 3 stated however thay do 9 times out of ten take it to court


  12. #12
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    Default Re: Me vs Student Loan Company

    That was a month or so before they sent me offer of settlement. They've now settled out of court at least 4 times.

    How many times have they gone to Court and lost?


  13. #13
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    Default Re: Me vs Student Loan Company

    sorry mate didn't show that figure just giving the information thats there so people are aware that chances are thay will take it to court unless thayre seriously in the wrong


  14. #14
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    Default Re: Me vs Student Loan Company

    By "take it to court", do you just mean entering a defence?


  15. #15
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    Default Re: Me vs Student Loan Company

    They entered a defence and sent an offer of settlement on the same day, clearly wasting the courts time as they obviously had absolutely no intention of defending.


  16. #16
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    Default Re: Me vs Student Loan Company

    not sure the figure shows 281 court action represented


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    Default Re: Me vs Student Loan Company

    Advice please guys...
    I know as the lady told me on the phone on Friday that I have been had for a couple of hundred quid in charges on my Student loans (both pre 98). Confess all for missed payments.. naughty naughty!
    They are going to send me a statement of the charges paid on the accounts....
    On receiveing this do I then follow the standard process as per recovering of bank charges or am I opening a whole new can of wormies???
    My instict is to follow the standard bank charges route?
    Help!!!


  18. #18
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    Default Re: Me vs Student Loan Company

    Hello mrpennyless!

    Yes, jut follow the standard proceedure and you will be fine.

    When you get your charges, set the info out in the form of a table:

    Date of charge-Reason for charge-Amount-Interest @8% compounded

    Use this to work out the compounded interesticon-


    Add the charges+interest together and this figure will be the amount of your tell them you want back.

    When they've told you to naff off, dont bother arguing, just start your Small Claim.

    At this stage calculate a further 8% on each claim from the date it was debited, add all these figures up and claim this as your county courticon interest, along with your court fee.

    PM me if you me any help. Good idea to start your own thread so advice doesnt become confused.

    Ignore mpul's "advice"- its probably a SLC troll.


  19. #19
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    Default Re: Me vs Student Loan Company

    Use this to work out compounded interesticon-

    Compound interest calculator



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