Me vs Student Loan Company

claimitall · 4th October 2006, 19:47

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 limitations with these loans.

Cheers

scottishpol · 7th October 2006, 13:05

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 DCA (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.

Giveitback · 13th January 2007, 15:54

Any updates on these?

Andy S · 12th February 2007, 14:47

Quote:

I dont think there is a limitation on student loans.

Are you saying that student loans are not subject to the Statute of Limitations Act. Why not? I would have thought their agreements were subject to the same laws as any other type of loan.

noomill060 · 26th May 2007, 19:58

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

noomill v Student Loan Company

mpul · 1st July 2007, 02:17

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

noomill060 · 1st July 2007, 02:33

State your source.

noomill060 · 1st July 2007, 02:34

Which official records would these be?

noomill060 · 1st July 2007, 02:37

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

mpul · 1st July 2007, 02:38

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

mpul · 1st July 2007, 02:43

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

noomill060 · 1st July 2007, 02:44

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?

mpul · 1st July 2007, 02:46

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

noomill060 · 1st July 2007, 02:47

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

noomill060 · 1st July 2007, 02:49

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.

mpul · 1st July 2007, 02:50

not sure the figure shows 281 court action represented

mrpennyless1 · 4th July 2007, 23:08

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 9

. 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!!!

noomill060 · 4th July 2007, 23:28

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 interest-

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 Court 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.

noomill060 · 4th July 2007, 23:29

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