Student Loans Company

[Falkirk1298]

I know we've spoken about these idiots before but I've recently set up a forum to discuss their ineptitude in more detail. Hopefully it will come to provide the same measure of information and support as CAG does, but in this much more specific area. There's nothing there at the moment, but the publicity drive is about sto start!

http://studentloanshell.myfastforum.org/index.php

[dave]

If you would prefer, we can set up a sub-section for student loans here if you want.

[Falkirk1298]

You know, that would be a brilliant idea!

[maybelline]

a subsection would be great! Just started getting harrassed by SLC again despite replying to them, I have always been deferred because of low income and then disability, they are asking for £2351.00!!!

[noobrider]

I would be very interested in the Student loans fiasco. They have been chasing me for over 10 years...I thought the 6 year thing may have some effect.

[maybelline]

mine is also over 10 years old, I remember laughing at the time when I learnt that if the earnings threshold had not been reached by the time former student became 50 it became void? Of course we would all have wonderful careers and be rich, no problem, however, for some of us, other stuff happened - does anyone remember this clause or is that a myth??

[maybelline]

threat of legal action now?!

okay I know I dont owe them anything as I have always been under the earnings limit and disabled for several years also, despite informing them they are threatening legal action, I dont want them putting a ccj on my file for their mistake so do I a) ring them b) write again c) dont know??

any advice

[dolly]

Have you done a CCA request for proof of debt? I have...and they haven't sent one as yet (mine was taken out in 1991) so at this time it is unenforceable......

[maybelline]

Took my first top-up loan out in 1992 then one each year for the three years study but I have replied during the last 12 months to their statements and letters asking for payment stating my situation, they have not sent a deferrment form or acknowledged my communication other than pursuing the sum of over 2K in what they call missed payments. I could send a Data Protection Act request and evidence of my benefits again. I assumed they are in touch because I have responded but why wouldnt I when I dont owe them the money. thanks for your response. sorry, is it uneforceable because more than six years or because they did not answer the CCA proof thingy?

[dolly]

Originally Posted by maybelline

is it uneforceable because more than six years or because they did not answer the CCA proof thingy?

Have a good read through this thread....it should help you more than me!

Loan Company Cannot Supply The Original Agreement

[maybelline]

thanks dolly, really usefull

[kavinandi]

Has anyone actually managed to claim back charges from the SLC???

[Falkirk1298]

I set this forum up a a while back but haven't done much with it.

studentloanshell.myfastfo rum.org :: Index

However with a new crop of "victims" having to deal with this shower now, in advance of going to college or university for the first time, it would seem appropriate to take it forward. I've also included a section for the Student Awards Agency for Scotland and will add another for funding bodies from elsewhere in the UK.

I'm planning a mailshot and postering the various student bodies around the country; I used to be a Communications Manager in the chemicals industry so I know how to run a campaign!

I'm still open to suggestions though, is this worth taking forward?

J

[Giveitback]

CCA - unfortunately, I've just found out that they aren't bound by the Consumer Credit Act, so having an unenforceable debt goes out of the window. I'm sick opf them too, as they always lose documentation, and use that excuse to charge you and come after you.

At one point I actualy agreed to pay the 'arrears' that didn't exist, if they'd send me a DD form. They never managed that though.

Still, they must be bound by some regulation somewhere, so the trck is going to be to find the legislation that binds them.

If anyone finds anything, post it here, I'll be working on it too.

[livity]

Giveitback, when did you take out your student loan? I read elsewhere on this site that the CCA applies to the SLC on loans taken out prior to 1998 so you might be in luck... don't quote me, though...

Livity

[Giveitback]

hey

Yeah pre-1998 are bound by CCA. And for the first time ever, they managed to do what I asked - ie send the copy of the agreement. Still. Was fun while it lasted. Now I'm just after the penalty charges.

[daisy_bumbleroot]

Sorry to be a ignoramus, but can someone please briefly explain what this CCA business is and how it relates to getting charges back from SLC or student debts... i took my loan out in 1998...

[kokomar]

OK really briefly under the Consumer Credit Act (CCA) you have a right to ask the creditor to prove the debt by sending you a true (that means signed by you) copy of the original agreement along with any other document mentioned therein (I think) ie terms and conditions. If they can't provide this within the time limit specified in the Act in theory they can't enforce the debt (this bit really complicated, ask a professional) BUT from the 1998 Education Act (sorry can't remember full name) onwards student loans are not governed by the CCA. The process is meant to be a failsafe to ensure the wrong people aren't chased for money they don't owe, not an easy-out to avoid paying debts we do know we owe but would rather forget about.

Question of my own: Has anyone actually gone through the whole reclaiming unfair charges process on their student loan(s) and won? All the threads I've found just seem to mysteriously stop .....

[nikkiandmidgets]

I am interested in this too cos my mum is currently paying £30 a month to Student loans after being chased by them and a company called JB Debt Recovery. Her current salary is £17000 and this is the highest she has ever been on. Her account number on her student loan starts with 96FD so I am guessing that means the loan was taken out in 96. She never received any deferment forms from then and said she was not aware she had to request them and fill them in annually. The leter from SLC mentions the following ' We are advised that a Notice of Default under section 87(1) of the Consumer Credit Act 1974 has been sent to you and has now expired'. and 'PLEASE NOTE THAT YOUR ENTITLEMENT TO DEFERMENT OF LOAN REPAYMENTS HAS CEASED AS A RESULT OF THE NECESSITY TO ISSUE THIS LETTER'. She had not heard anything from the SLC since leaving college until they suddenly started chasing her for the whole loan. She wrote to them saying she did not earn enough but they just told her she hadnt deferred so she was liable to pay the whole loan now, plus any costs\charges. She even tried getting CAB involved but was basically told she had to pay it. Any ideas if she can claim this money back and get the payments stopped till she does reach the minimum income? She is 54 so probably wont ever earn enough to pay it off. Any advice appreciated.