wescott /student loans company

[tiglet]

They can take it for payment if they like - it doesn't absolve them from providing the documents.


Now allow them another 30 calendar days - the account is now in default and if they fail to provide the CCA within this time, they ahve committed an offence.

[emmaf01]

Send them a letter (recorded this time), starting with (in capital letters) "this account is now in dispute. Tell them they have not complied with the CCA request, and that no payments will be made until they have complied fully with the CCA request. Tell them they have received this, what date they cashed the cheque on. Then inform them they have 30 days (from the end of the 12 days ) to comply.

See how that goes. Don't bother ringing them, they talk rubbish.

[jackster77]

hi emma & tiglet - thanks so much for the advise - i'm away to tip your scales now

goin to send a letter to them tomorrow re the account now being in dispute

[tiglet]

Good for you - I'm still waiting for the shouting HSL to come back to me - oh deary, deary dear.

[jackster77]

had a lovely call from HSL's at 9am this morning - looking for a payment

I told them I was still waiting on them sending me a copy of my cca - and they said they did not recieve my letter
I said you did because you cashed my cheque for £6 - she said you will have to send me proof of that
I said no I don't - its up to you to process my request - she said we didn't receive it I said you did etc - then she said I didn't send the correct fee as I needed to send £10
and I said no because I don't want a Subject Access Request I wanted copies of my CCA's
and round in cirlces we went
she said she was going to keep adding on the arrears and I said that was fine

[jackster77]

help

just received a letter this morning from Honours Student loans they have served me with a default notice

can they do this as the Account is in dispute - I sent them a letter on 12 April requesting CCA's - and no response as yet

what will I do

[emmaf01]

Send them a letter confirming the account is in dispute (big letters!) and stating that, therefore, they cannot default the account. Also say that you will only deal with them in writing- and tell anyone who rings that this is harassment. Look at the debt collection section on this site where they have letters in template form to stop them ringing if they continue.

I think there is very little point in speaking to them by phone- some of their advisers know next to nothing other than answers they can read off a card!

[jackster77]

thanks for that emma

will send them a letter today

[emmaf01]

By recorded delivery, I hope!

[jackster77]

hi emma/tiglet

was wondering if either of you could point me in the right direction for a template letter
to remind them that they have sent me no info re cca that the account is in dispute and that they cant default me their 12 + 2+30 says are up on may 26th

thanks
jackster

[emmaf01]

try the templates in the "general debt" section. There isn't a perfect template for this purpose, but I tailored the template for CCA request to send to the SLC.

Hope this helps- if you need any further help or an opinion, just shout. I'm around this afternoon/evening, if it helps.

[jackster77]

Hi emma

thanks for the offer of help
this is the letter I drafted after looking through some threads - alot of copying and pasting going on lol
I think its good to go will send it recorded this afternoon - their deadline is this saturday

Please find enclosed a further copy of my letter dated 12/04/2007 concerning my request for a copy of the credit agreement for the above accounts
I have spoken on the telephone to one of your colleagues who claim that they never received my original Consumer Credit Act Request even though this letter included a cheque for £6 for payment for each loan account. This cheque was debited from my bank account on the 16th April 2007
In response to a letter sent dated May 15th 2007 whereby you have sent me a notice of termination and highlighted that a notice of default that had been sent to me had now expired I am writing to remind you of the following
Now that the 12 working days have expired and you have failed to provide any documents, the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest can be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The accountcannot be passed to a Debt Collection Agency. Finally I am not obliged to make any further payments to the account. Essentially, the account is ‘held’

I would like to remind you that failure to comply with my request under Section 77 (1) of the Consumer Credit Act 1974 is a criminal offence and in the event of non compliance the mater will be pursued with the relevant legal authority
power to the people lol

[emmaf01]

I also find that, if they refuse to deal with a cheque that has been cashed which they deny all knowledge of, that the following conversation can help.

"Well this cheque, which I sent to you, has been cashed. So if you didn't cash it then that's fraud. So are you going to phone the police or am I?"

My late father, who taught me the art of complaining efficiently, gave me this gem. It has worked many, many times over the years. It is one of the best.

[jackster77]

Hi emma - must remember to use that gem

got a letter from them on fri saying

we are sorry to learn that you have had a problem with your account and very much regret the circumstances hat prompted you to contact us

your letter has been passed to us for investigation once we have gathered all the details on your account we will be in touch with you regarding our findings

we trust this meets with your approval and in the meantime may we apologise for any inconvenience you have been caused

letter seems quoet apologetic and was dated 23rd may - deadline for production of cca was today

[noomill060]

Ive done it.

noomill v Student Loan Company ***WON***