Student Loan pre '98 dispute

[pressure2]

Hello good people!
Have found this seems to be the only place fighting the corner of the down trodden on the Net!

I am being pursued by the SLC for the time I went to Uni (even though any job application made since has resulted in zer0; not even an interview - I now drive a van!).

Anyway, I have been contacted regarding a debt owed to the SLC that I had not heard about for nearly ten years. They claim a CCJ was issued, (now expired), and I owe them £6,300. I don't recall how much original loan was; they say £5,999, but I doubt it. I was at Uni for 3 yrs, ('95 - '9.

I have never earned the 85% of Av. Nat. Income, and as my last status was deferred (in '99) I thought that's where it was, as I have never received any correspondence of any. They say as I did not make further contact to defer payments in 2000 or so, they seemed vague at this point, and that i must make arrangements to clear debt whether or not I earn the necessary income level.

Can you pls answer; Do I still owe this money after all this time? (Also, I'm 50 in a couple of yrs which I understood the debt should expire under original T&C). Can I defer payments; was there no obligation for them to have contacted me, even letting me know they were filing a CCJ against me. HELP!

[rippedoffagain]

Not an expert, but at some point in the recent past, the status of student loans changed. They used to be, but are no longer covered by the 1974 CCA. In fact since the change they are not even avoidable with bankruptcy.

So in my opinion this debt is now statute barred. I think they are trying to get people to acknowledge the old debts, in order to reset the statute clock.

I would write to them, head the letter "I do not acknowledge any debts to your organisation" asking them to supply any documentation, copy agreement, judgement etc.

[pressure2]

Thanks for your advice... I will look into that... Obviously I'm bothered if I don't co-operate with them they'll press for full settlement, of complete amount. They're meant to be sending forms for me to fill in to decide my payments. Barred Statute seems possibly risky, does it work, anyone been there ?

[rippedoffagain]

Either fight them, or lay down and take it. All you are asking for is documentation. They will not take it personally, you are just one among thousands.

[emmaf01]

Don't get wound up about the statute barred stuff yet. What you need first is for everything to go on hold and to gather information to see what they have been up to and whether or not they have a case.

So first get your CCA request and Subject Access Request into the SLC. I take it the debt is still with the SLC?

You must remember to start each letter with (in BIG bold letters)-

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR ORGANISATION.

THIS ACCOUNT IS NOW IN DISPUTE.

This puts all activity on hold while they scuttle around trying to get all your info. Also, do not sign these letters, just print your name. Or add an unrecognisable scribble which bears no relation to your normal signature, just in case some idiot gets photoshop happy.

The key about this process is to not get flustered by the big questions. Just follow the early steps, gather evidence and then see what you can do.

The CCJ should be able to be lifted if they did not notify you about the court dates or care that you were no longer at that address. But first get as much info as possible about what they have been up to.

[pressure2]

Hi emmaf01,
Yes the debt is with SLC, but with their legal dep.

The CCJ has since ran out but I understand they could reinstate, as it's Gov, not commercial.

I'll draft some letters based on what I've seen here.

Cheers,

[emmaf01]

Even the government needs to follow CCJ "rules"- you have to be notified that the case is coming before the court. If they have served this to an address where you were not living then the CCJ can be dismissed- I think thats how it works. Check in the CAG debt collection section for confirmation.

I have however had personal experience of the SLC legal department. Do a Subject Access Request and CCA request. And be prepared to be mystified by there incompetance. I took them to court in the end for charges and they had an outside solicitor deal with it for them. Even she was shocked and exasperated, as SLC couldn't even get ,my account numbers consistantly correct and they were at the top of each letter in big letters.

[pressure2]

Thanks again, can you link me to the relevant letters. Been looking and there appears a confusing amount of stuff. An earlier message cast doubt on CCA '74 validity. Requesting original agreement sounds good contender as well. A link to Data Protection Act letter & Subject Access Request would great. (I'm pretty sure I saw one somewhere!).

Regards,

[pressure2]

Found a good CCA request on the "Nurselayer v Student Loans Company" thread... I think.

[emmaf01]

If your Student Loan is pre-1998 it is covered by the CCA. If afterwards it is not.

Any CCA request can be adapted/tweeked to personalise.

[pressure2]

Hi guys, Sent off letters to Glasgow... However, within a week the payment for the CCA request was returned with no explanation, but reply was indeed an acknowledgement of the Subject Access Request... Does this mean the Data Protection Act (Subject Access Request) covers the CCA request anyway (with providing copies of original agreement). Or, does this mean they don't recognise CCA requests?

[emmaf01]

If you have sent your CCA request by recorded delivery (print out proof of receipt) you have proof they have received it.

Please remember you are dealing with the SLC- and how generally incompetent they are! They do send out in the end, you just have to wait for someone who has a brain to have your request land on their desk.

Separate requests involve separate legislation. They may send you your agreements with your Subject Access Request, however you have asked via a CCA request which means you are acting via the Consumer Credit Act regarding the enforcement regulations.

I hope that makes some sense??!!

[pressure2]

Hi Emmaf01, Thanks for your reply. I did send both completely separately. Strange SLC did not mention or acknowledge CCA request; and returned £1 fee that was enclosed with it. Maybe they didn't like the time constraints around the CCA request (@ 12 days)? Like you say maybe none of it makes sense with SLC. Or, may be they don't have original agreements; although, I think I reads they have scanned them since 1990. I think they have 40 days to reply to Subject Access Request so it might take a little while...

[emmaf01]

They still only have the statutory amount of time to comply with your CCA request. They got it (obviously) but if it is anything like what happened to me, Mr/Ms Bright SPark working for the SLC doesn't have the slightest clue what they are doing. So they have just ignored it all.

Unfortunately for them this behaviour does not absolve them of their responsibilities under the CCA.

[rambojones]

I took student loans in 1991 to 94. I have always deferred the loans each year as have never earned above threshold to repay them. I was told at time of taking loans that they would be written off when I reached 50 (I was 39 when I took them out and was worried about repaying them). When I reached 50 they said it was 60 because I was over 40 when last loan taken in 1994/5. I am furious as I would never have taken the loans in first place. I will be 56 next month and next month will get a pay rise taking me over the threshold and have made arrangements starting 18th of August to begin repayments. However, i wonder how I fit in with the Statute bar as it has been 17 years since first taking a loand and 12/13 years since I took the last student loan in 1994/95??. I did begin repayments a few years ago maybe 3/4 years ago but only 2/3 payments which I got back from them as I was able to defer it again (lost a job). I have formally complained to them about being misled initially about the age 50 rule and am going through that process, I have also complained to Financial Ombudsman today as well as the SLA come under them now. Can anyone help me at all?? Do I have a leg to stand on?? I am so bitter as I have almost no pension to speak of and only 9 years till I am 65, to save for one. I am also disputing the monthly payments as I worked out using the FSA website calculator that based on my repayments, the SLA interest rate would have to be 6.34% and not the 4.8% they say it is; am waiting for a response about this. Help please someone?????
Sorry for long post but I am fit to be tied as they say.

[pressure2]

Originally Posted by pressure2

Hi Emmaf01, Thanks for your reply. I did send both completely separately. Strange SLC did not mention or acknowledge CCA request; and returned £1 fee that was enclosed with it. Maybe they didn't like the time constraints around the CCA request (@ 12 days)? Like you say maybe none of it makes sense with SLC. Or, may be they don't have original agreements; although, I think I reads they have scanned them since 1990. I think they have 40 days to reply to S.A.R - (Subject Access Request) so it might take a little while...

Got the S.A.R - (Subject Access Request) file back from the SLC... Looks pretty comprehensive, copies of original agreements etc... What do I do now?

[noomill060]

For a start- look for £20 charges for letters sent to you.

Go through them all find the statement which shows all payments, interest and charges. Use a highlighting pen to highlight all the 320 letter fees.

Then come back.

[noomill060]

What is the last date on this statement that you defered or made a payment?