Student Loan Company - general

[The_Badger]

Hi,

I've been reading a few thread about the Student Loan Company and thought I'd start a general one with information for all wanting to pursue the SLC.

Hopefully this can become a library of information rather than a discussion thread - if anyone has any useful documents to add to this please feel free.

I'll add in the next day or so:
Copy of the original terms and conditions sheet I have for uni starters pre 1998.
Subject Access Request request letter template
etc.

Can a mod make this one sticky please? thanks

[The_Badger]

S.A.R - (Subject Access Request) letter template:

[Your Name]
[Your Address]
[Date]

Student Loans Company Limited,
100 Bothwell Street,
Glasgow,
Scotland.
G2 7JD.

SUBJECT ACCESS REQUEST.

Re: Account Number: [your loan account number(s)]

Dear Sir/Madam,

I hereby make a Subject Access Request under the Data Protection Act 1998 and request that the Student Loans Company Ltd. supply me with the following:

1) a complete list of transactions and charges relating to my history with your organisation (trading as either the Student Loans Company, Smith Lawson & Co [which I understand to be one and the same], or any other name);

2) where there has been any event in my account history which has required manual intervention, disclosure of any indications, notes or other evidence by any member of staff or any other person, which either caused or resulted in manual interventions in relation to my business with you (If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response);

3) records of decisions and communications relating to any changes to my credit status/history made by your organisation.

I enclose a cheque for the statutory maximum fee of £10 for which I would like a receipt by return of post.

As per the Data Protection Act 1998 you have 40 days from the date of this letter in which to comply with this request. Failure to do so fully will be reported to the Information Commissioner and I will seek compensation through the Courts.


Yours faithfully



[your name]

[The_Badger]

Smith Lawson & Co:

The Student Loan Company Ltd is the same as Smith Lawson & Company

The later is just a trading name of the Student Loan Company and is its own debt collection group. They use this differentiation in name to give the impression that your account has been handed over to a 3rd party.
This ploy works in that many people pay money worried that they are now dealing with a debt collection agency - in reality its just the Student Loan Companys' collections department.

If you end up speaking to the Smith Lawson & Co don't let them claim no knowledge of conversations etc. with the student loans company. Let them know your aware of the situation with regards their name.

[The_Badger]

Postage to the Student Loans Company:

I have had aproximately 50% of my posted mail "not been recieved" by the student loans company. Many others I have spoken to also report that this occurs to them as well.

I suspect that the student loans company either is incapable of filling communications by post to the correct file or is intentionally ignoreing such letters and deferment applications with a view to profit. I may be wrong but that is my opinion.

If you send a deferment application or anything else by post its best to send it recorded signed for - you get a proof of postage and a proof of delivery.

If you end up negotiating with the SLC then you should only ever send photocopies of these proof of delivery - or they will also get "Lost" in the post!

[The_Badger]

Pre 1998 or not?

There are two main student loan systems.
1. Those students who commenced their course of study between September 1990 and August 1998
2. Those students who commenced their course of study from September 1998 onwards.

The first type of student loan (old scheme from here on) is based on a credit agreement and is regulated under the Consumer Credit Act 1974.

The second type of student loan (new sheme from here on) is not regulated under the Consumer Credit Act 1974.

So how to tell which you are?

a) Firstly when did you start your course?
If you started your study before the 31st August 1998 then you would have been on the old loan scheme.
Its not when you took the loan (I took mine out in June 1999 but am on the old scheme as I started before the 31 August 199

b) do you pay for your student loan through your pay packet?
The new scheme works as an attachment to your earnings - if your payed more than aprox £17,000pa pre tax then you end up paying back your loan automatically through your wage packet.

Old scheme members: If you don't have the original agreement anymore then you are entitled under law to ask for a "true copy"
The Consumer Credit Act 1974 gives you the right to obtain a copy for £1 within 12 days of notification in writting. If they fail to do so they have a further 30 days to fullfill the request after which they are guilty of a criminal offence.

This does not mean that the loan is then written off - however not being provided with a copy of the credit agreement is a full defence in court if the lender attempts to get any money off you for the loan.
This would mean that in most cases a court would find in your favour and the loan would be set aside.
However if at a later date the Credit agreement is found then they can legally demand payment.
Some have argued that this would not occur as the lender, having committed a criminal offence would choose not to pursue it. I am not sure of this but it's possible.
If you find yourself in this situation I'd be extremely careful and seek legal advice.

[The_Badger]

Consumer Credit Act 1974 request template:

[your name]
[your address]
[Date]

Student Loans Company Limited,
100 Bothwell Street,
Glasgow,
Scotland.
G2 7JD.

CONSUMER CREDIT ACT REQUEST

Re: Account Number: [your loan account number(s)]

Dear Sir/Madam,

I hereby request a true copy of the signed agreement for the above account [or accounts if more than one] under the terms of Section 77(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 per account in the form of a cheque.

As outlined in the Act you have 12 days from the date of this letter in which to comply with this request. Failure to do so is a criminal offence under the Act and as such will, in the event of none-compliance, be pursued further with the relevant legal authority.

Yours Faithfully


[Your Name]

[The_Badger]

Old Scheme (Pre 1998 students) Credit Agreement (terms and conditions).

I've scanned the terms and conditions on my copy of the original credit agreement: There are two pdf files.
Page 1:
http://thebadger.ifastnet.com/Docs/Agreementpg1.pdf

Page 2:
http://thebadger.ifastnet.com/Docs/Agreementpg2.pdf

The files are a bit big (1.6mb and 2.2mb respectively) but thats because the writting is very small so the resolution had to be high.

The Badger

[The_Badger]

Forgot to say:
Cheques for the Subject Access Request and the CCA requests are made payable to "Student Loans Company"

In case anyone wasn't sure.

Also the address of the data controller (a legally required position for all institutions holding personal data under the Data Protection Act) for the Student Loans Company is:

Data Controller
Student Loans Co.Ltd,
21 St. Thomas Street,
Bristol.
BS1 6JS

You can address your Subject Access Request there as an alternative to that given in the Template above.

21 St. Thomas St. is also the address of Smith Lawson & Company Ltd. as mentioned above - so if you're dealing with that pseudo-branch of the Student Loans Company thats where to send information

[The_Badger]

Mods - Can we get this made sticky?

[kapowaz]

I just stumbled upon this thread following a search as I have just today sent a letter to the SLC demanding they cancel £40 in charges they have added to my account which are apparently for sending me letters concerning arrears on my account (I've just changed banks - ironically this is so I can claim back unfair charges from Barclays - and so my new direct debit hadn't been set up yet, hence payment failed). I basically used the existing letter template I have already sent to Barclays to ask them to prove the cost of the charges and if not, cancel them and confirm they won't attempt to levy them in future.

I'm disconcerted by the above saying that they tend not to acknowledge post... what can be done to ensure that they acknowledge it? It seems like this is yet another dirty tricks scheme to make money out of students (I knew there had to be some way they were going to try and make money, given the low interest rate on the loan)..

Anybody else had any similar experiences with the SLC?

[princess jane]

I've sent everything to SLC recorded delivery and I've never had a problem with them not receiving letters.

Special delivery should nail it if you are feeling flush!

One nasty trick of theirs I would like to advise on is trying to get you to pay out large monthly sums in repayment.

Even after running through my meagre income and massive outgoings, the call handler I spoke to demanded I make a substantial payment to them because: "you are paying your other creditors that much so you must pay us as well", regardless of the fact my other debts are much larger and have higher rates of interest.

Stick to your guns and offer an amount you can reasonably afford.

If they get nasty, suggest they take the case to a county court and let a judge decide on repayment.

If you are making a reasonable offer within your means then no judge would expect any more, and neither should SLC.

All IMO.

[The_Badger]

kapowaz,

Signed for 1st class for a letter is only £1 and I'll be adding them to my claim the moment it gets to the county court claim stage - as its a "reasonable" cost. You can then ring up and find out the time and date the letter was recieved - which if the SLC/Bank/Credit Card deny you can remind them you have a Royal Chartered institutions evidence proving they are lying - tends to shut them up!

I've read elswehere on here that £3 per letter would be a "Reasonable" and justifiable cost on all letters to the bank/credit card/SLC as you can explain the £3 as a direct cost to you - postage, paper, envelopes, ink, electricity for the computer and your time.
You can only add them to your claim once you get to the court claim stage as you have to show you've tried to resolve your complaint reasonably before hand.

It has the benefit of stricking a stark contrast between your costs as a private individual being only £3 compared to £30 for a computer generated pro forma from a large company. It should be almost impossible in court for them to question it without screwing their own argument!

The Badger

[The_Badger]

I spoke to the SLC yesterday and they said "These charges have now been approved" - I pointed out that that was impossible without a chage of the law! she didn't reply to that.

SO beware they tell lies (not that you didn't know that already!)

The badger

[noomill060]

Did this person say who she believed these charges to have been approved by?

[andybird]

cheers badger... a great post with some useful information

Im in a bit of a pickle with them at the moment... I had happily deferred my 96/97/98/99 Student Loans year on year when (on july 7th 2004) I declared myself bankrupt, including the £7k student loan on the forms.

I then was on Job Seekers Allowance untill mid 2006 when I set up my own company and I am working on building now. I had had no contact from SLC and received no statements OR deferment forms from them, until I saw that they had done a search of my credit rating which I thought was strange.

I gave them a call and found out to my dismay that the law had changed on July 1st 2004 meaning that I could not include the loan in my bankruptcy. Not only that, but because I hadnt continued deferring the loan (as they had stopped sending me the forms!) I now owe over £2000 in arrears which they are aggressively pursuing me for!!

They have allowed me to defer the loans but not the 3 years of arrears since I declared bankruptcy which add up to approximately £2500 for which they are threatening me with court and bailifs and for which I have no means of paying without shutting and selling off my fledgeling business.

So am fully immersed in their complaints procedure as we speak!

[andybird]

and on a side point... is it just a myth that the student loan gets wiped out after a certain number of years?

[crackberry]

Originally Posted by The_Badger

I spoke to the SLC yesterday and they said "These charges have now been approved" - I pointed out that that was impossible without a chage of the law! she didn't reply to that.

SO beware they tell lies (not that you didn't know that already!)

The badger

everyone knows that the SLC are theives.

[mlphw]

Hello,

Great advice Badger !

I sent off my Preliminary and then 14 days later my LBA and guess what - the time has expired and I have heard nothing. No suprise there then !

Guess my letters got "lost" too !

Mine is the old style loan with SLC rather than Honours Loans and is for £164.00

Does anyone know if I can send a copy of the 2 letters (obviously recorded this time!) and say here are two letters I have sent previously of which I have not received a response and give them 14 days from a new letter before MCOL or do I need to start the whole process again ?

Thanks