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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 26th July 2008, 20:35   #1 (permalink)
oldrectory
Basic Account Customer
 
Watch out, there are Claims Touts about!

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Join Date: May 2008
Posts: 80
oldrectory Novitiate
Red face Student Loan arrears paid - what about charges?

Hi,

I have just worked out that with the increased payments I have been paying the student loans, I have paid off the arrears but still have the 'charges' element to pay to them.

I am about to send them a prelim on Monday to reclaim these and get them credited to my account.

Can I now reduce my payments (Paid by SO) to their normal level? My thinking here is that if these charges are unlawful and I will take them to court to get them refunded to my account, why should I pay them now?

If this is right what sort of letter should I send them?

Thanks - the next payment due is the 1st - so a quick response would be appreciated so I can amend the SO.

Oldrectory
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Old 26th July 2008, 20:44   #2 (permalink)
emmaf01
Platinum Account Customer
Default Re: Student Loan arrears paid - what about charges?

Send them the prelim, with just slight adaptation. I won my charges back, though I had to take them all the way to court.

My loans were all pre-1998. I saw in another thread that you have two loans pre-1998 and two post-1998. I'm not sure if it makes a difference, but if the charges are unfair that's it- or does anyone have experience that says different?
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Old 26th July 2008, 21:03   #3 (permalink)
oldrectory
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oldrectory Novitiate
Default Re: Student Loan arrears paid - what about charges?

Thanks emmaf,

I am still confused about whether I should reduce my payments to the normal level now that the payment arrears are paid off - just leaving the charges?

Within the prelim letter should I state that I have returned my payments to their normal level?

Thanks
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Old 26th July 2008, 21:28   #4 (permalink)
emmaf01
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Default Re: Student Loan arrears paid - what about charges?

What are you paying? Is it a regular monthly payment, plus money for arrears plus money for charges?

I'd be tempted to keep paying in anticipation of return plus interest. It is important when going to court to appear the MOST reasonable party.

But all info- are you paying student loans themselves or one of their clones eg Smith Lawson or someone else? Have you Subject Access Request and CCA requested them?
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Old 26th July 2008, 21:35   #5 (permalink)
oldrectory
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oldrectory Novitiate
Default Re: Student Loan arrears paid - what about charges?

I am paying normal monthly payment + arrears - these arrears are payment and charges arrears added together. I have worked out that I have paid all the payment arrears off, which leaves amounts adding to the charges.

I am paying directly to student loans. I have a full set of statements so don't need Subject Access Request.

I am about to serve a prelim with CCA as well - thy are being sent on Monday - recorded delivery.

I just thought, looking at other threads, that once I serve the prelim, I hav put the matter in dispute and they, therefore, cannot chase me for the charges until it has been settled in court.
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Old 26th July 2008, 21:36   #6 (permalink)
oldrectory
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oldrectory Novitiate
Default Re: Student Loan arrears paid - what about charges?

submitted twice sorry!
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