SLC taking money from wages without consent

[summer30]

Have posted this as a new thread as I think it deserves noting.

My OH went to uni previous to the time where by the money was taken out of wages automatically.

As per my other thread they failed to provide the credit agreement and therefore the loan etc is in dispute

But, my OH just found that they are being paid through his wages from this month!! Apparently they contacted his company and instructed them to pay his SLC

Any help or ideas on this appreciated

thanks

[PrettyPaula]

as far as i was aware (im currently a student) when you sign to request the loan you agree to automatic deductions from wages when you earn above a certain threshold.

its all linked to your national insurance number.

far be it for me to judge but i do not understand why anyone would not want to pay their student loans back as agreed?

[Hobbie]

100% Agree with PrettyPaula.

[PrettyPaula]

they arent even covered by the consumer credit act are they?

i mean, yes you sign something when you first apply but it simply states that you understand the APR and terms for repayment etc.. hence why you supply two next of kin details.

when you take out a student loan, its help from the government and their agencies to ensure you have an easier time studying. im gonna finish uni with around about £40k in student loans including tuition fees and what not, but i wouldnt dream of not paying it...

[summer30]

The student loan is pretty much made up of charges when OH deferred his account in 2006, these charges are in dispute

He did not sign for deductions from wages as he went to uni before the time that this came into place in 2001? i think was the date.

So please do not judge when you dont know the facts, he is not trying to get away with not paying his loan he triyng to stop them charing over £2600 for a period where the forms were sent back and he was unemployed as you may well be aware if you had read the majority of the threads on in this section.

they are now taking £50 a week which we cannot afford without any notification to him.

Your reply wasnt really helpful more upsetting , we have be battling this problem for a long time

[Tom87]

I agree with Paula (I'm also a full-time student)...obviously it's never nice having to pay lots of loan money back but at least it's being done now a bit and as a result you will have less to worry about in future. If you earn above a certain threshold (it was £15,000 when I started university in 2005) then you are judged to be able to afford this repayment...whether you actually can is a different matter of course, down to individual circumstances and what other expenses you may have. I for one will try to start paying it back at the earliest possible opportunity, regardless of how much I earn, because I don't want to just leave it there for a long period of my life.

[summer30]

Yes thank you for your posts however your missing the point

The money that is in dispute is for a deferred period, where the forms were sent back but not acknowledged , you will see if you read some other posts that this happens a lot.

This is what we are disputing

I really need some help on this, if anyone with any actual experience can help out ?!?!?!

[Hobbie]

Summer,

Did you return the forms by Recorded/Registered Post? - If it was so important that the forms we're received, ask yourself why it wasn't send recorded/registered post.

You haven't really given much for anyone to go on, other than your saying you/your partner doesn't want to pay them, either now or in the future, I think that is why people is posting the answers that is getting posted.

If you agreed to pay the SL back when earning a set amount, then the SLC will collect that money, as they've got the authority (signed when the loan was agreed)

Is the SLC still taking payments, and you want them to stop, what is it that your seeking advice on exactly.

[summer30]

OK I will clarify, no its not that he doesnt want to pay the rest of his loan, there is very little of that left as it goes.
He offered SLC a smaller monthly payment which they refused and sent the loan to DCA
Everything has been sent recorded
The only thing he doesnt wnat to pay are the charges they added, he deferred the loan in March 2006 so why was it if the forms werent recieved that SLC didnt bother to tell him them until the end of the year?
This is what we are disputing the charges not the loan

They have refused any payments hes tried to offer

Now they are taking money he cannot afford

Ive been through all the above before and got some great help

My question for this thread is because he was a student before 2001
do they have the right to take payments direct from his wages?

I thought this only went through for students after this time, this was the case for me as a student after 2004.
However surely as this had not come into force in 1997 then how on earth could it be in the credit agreement?
We cannot tell as its not legible therefor legally it is now in default as they have refused to provide a legible CA.

The fact that the CA isnt readable is only an avenue we are using to hope to get these charges removed, we have had no choice in the matter as bank charges are unfair are you saying that SLC should be exempt?

[Jetflex]

Hi, I don't want to muscle in, but this is also a student loan issue.

I had obtained three Income Contigent Loans for the years 98-99-2000. After graduation, money was deducted at source of salary to pay these loans. In 2005 I confirmed with the SLC that I had repaid my ICR loans. Several years later, 2008,The Company discovered that this was not the case. The 98 loan had not been matched with those for 99 - 2000. So, without any notification the company requested HMRC deduct ICR loan reypayments at source from my salary. When I attempted to ascertain why money was being deducted at source by HMRC, it was only with considerable difficulty that I was finally informed about the 'matching' of an oustanding loan. On one occasion I was left 'on hold' for over 40 minutes until the phone went dead. Nobody semed to know anything! In fact, when I requested previous loan statements I was told I needed to make an application under the Data Protection Act. Which I did.
1. The Company do not dispute I was informed more than once in 2005 my ICL account was cleared
2. The 98 loan has continued to accrue interest whilst it was not 'matched' to my account' since 2005
3. The Company cannot tell me how much I owe, as they cannot calculate how much has been deducted from my salary as loan payments since the begining of 2008 and have refused to issue me with a statement.
4. The company does not disput that no notification of intent to deduct payments from my salary or statement for the 98 loan was issued.

Having 9% of income over 15K deducted at source came as a shock. It has affected my abilty to remortgage and I went into the red for the first time in ten years (as money which I believed would be in my account had ben taken from my slary without my knowledge).
The problem is that Student Loans is not governed by the banking services, as SLC gleefully tell me.
It feels as if I am being fleeced and can do nothing about it.
Can anybody help.

[skyelet]

my wages are 14,500 approx per annum, and because my company backdated a bonus which should have been applied in september, they backdated it only 3 months, and paid this into my first tax years wage, including the 2 bank holidays i had to work as my shift are flexi, making my wages in april well above my average wage, and even if i continue to get my average wage, i will now have earnt over 15,000 this year, so they are taking 9% of my wages due to my HR department being slackers!

[cresswell80]

Originally Posted by skyelet

my wages are 14,500 approx per annum, and because my company backdated a bonus which should have been applied in september, they backdated it only 3 months, and paid this into my first tax years wage, including the 2 bank holidays i had to work as my shift are flexi, making my wages in april well above my average wage, and even if i continue to get my average wage, i will now have earnt over 15,000 this year, so they are taking 9% of my wages due to my HR department being slackers!

the 9% isn't retro to nil - you only pay 9% on anything above £15k, so even if you hit £16k, you would only pay £90 for the year...

[summer30]

Well have sorted my original issue on this post of them taking money from wages, it was a mistake and its been refunded, but still no where closer to sorting the deferment issue

As to the sending recorded why wernt they, well back in 2006 I didnt know of the CAG and SLC didnt request them to be sent Rec. So hindsight is a wonderful thing isnt it.