CAGisforME -v- Student Loans Company

[CAGisforME]

Hi everyone,

I'd appreciate some advice.

I took a student loan from SLC in 1993 and 1994, totalling about £2000.

I have just found all the old paperwork (due to them sending me ANOTHER demand for payment) and discovered that my balance is either : £2401 or £2446, depending on which letter I choose to believe.

I've had the payments deferred for 3 years, due to being disabled and on Incapacity Benefit, Disability Living Allowance etc and now they want me to produce evidence that I can still not pay.

My Specialist has provided me with a letter stating that I am still in the same state of health and I have sent them proof of benefits, and am presently waiting to see if they will defer again.

Anyway, I digress,

My question is:

Can I send them a CCA request to see what is owing and what information they hold? or should it be an Subject Access Request.

I don't have any of the original paperwork, have no idea how much I borrowed, what the interest rate is etc and what charges have been added to the "Current Balance" - given that it appears to be different on each letter.

I have found two letter pertaining to over £80 worth of charges on each.

Back in 2003 they were getting very threatening and for a while I paid £10 per month (they were charging me £5.86 interest per month!) then I discovered through a mutual friend that as I am registered disabled they could not continue to force me to pay. i called their bluff and I have not paid since.

I'd be grateful if someone could give me a hand as to what i can do to get a grip of this.

Thanks

[Erica_The_Penguin]

Someone had posted an excellent letter specifically for the student loans company requesting information. It is somwhere in the 'other institutions' thread if you hunt around a bit.

They have recently tried to charge me £15-£25 per letter back dated to 2003, so it might be a good idea to get a copy of your contract as well as your statements. (The charges for letters are obviously not legal).

I suspect that if you are registered disabled and unable to work, then they have to write your loan off. I think I might have read that somewhere. So it's worth checking the legislation (don't take their word for it as they tell porkies).

[CAGisforME]

Thanks Erica,

I checked the rules on writing these loans off, and tried everything a while back. They accepted I was Registered Disabled and deferred the loan for a further 3 years. It was up for deferrment again in March.

Now my Specialist is prepared to state I am unfit for work FOREVER, so I'm hoping that they will write it off.

I'm just a bit miffed about the times I've paid when they told me I had to, as I hadn't deferred exactly on time, and all the charges.

Am seriously tempted to get those back.

So, I'll have a hunt around for the letter you mention.

[Erica_The_Penguin]

I hope they write it off. It's tiring having to keep deferring when you are long term sick/disabled. (I had dehabilitating mental illness for many years, and having to cope with the SLC as well, was too much).

The letter is posted by Badger under 'student loans - general' in case you haven't found it already.

Good luck with your claim!

[CAGisforME]

Morning!

Two "love letters" from SLC this morning.

1. Default Notice
2. Letter telling me they have deferred my loan for a further 3 years!

I was so incensed by the Default Notice that I rang them to ask why they had sent it, within 2 weeks of giving me a month to re-defer.

I was told they don't apply the Default Notice to my Credit Record (despite it saying it's served under the CCA 1974) annd that they will not write the loan off because my Doctor didn't say I am unable to work permanently!

He actually says "due to her condition Ms X will never be able to render statisfactory attendance or performance and therefore I support her claim for ill health retirement"



So, seemingly, according to the lady at SLC, I have to get ANOTHER letter, stating the word "Permanently" and then I "might" get it written off.

When i queried the charges on the account (£86 odd) and the "arrears" I was told they would be written off too.

I don't think so.

I have my Subject Access Request here and I'm going for the charges back before I send anything that "might" get the loan written off.

Have nothing to lose do I ?

[CAGisforME]

Well, I am so "Special".

I received yet ANOTHER letter from the SLC this morning, this time telling me I'm only deferred for a year and demanding instant repayment of the arrears and charges on the account.

I telephoned them again and spoke to an inept individual who could only say "the computer did it" or words to that effect. She confirmed my deferrment is for 3 years, not one.

Spurred on by my experiences with them and my new found confidence from the CAG I demanded to speak to a Manager.

and got one

Angela Munroe

She tried the "fob off" and I was having none of it. I told her I wanted this registered as a complaint as it was tantamount to harrassment, given that her Company are more than aware of my Medical Condition and despite this are bombarding me with contradictory information.


She then, as a gesture of goodwill, removed ALL the charges and arrears from the account. And apologised!



I "won" - the first hurdle.

Subject Access Request went Wednesday, so we'll see if I can get back the money they demanded with menaces back in 2002, despite them being aware I was unable to work and am Disabled (when they conveniently forgot to tell me I could defer for 3 years and not pay anything).


Just thought you other unfortunates having to deal with this "Company" might like to know how I was progressing!

[emmaf01]

I have just made a formal complaint to the Chief Executive and the Information Commissioners Office about the SLC and possible fraud.

I have had a Subject Access Request and did a CCA request for good measure. I am about to file with MCOL against them for their charges. And they sent me two copies of the original loan agreements, one of which was not signed by them in the first set and signed in the second- possibly within the two weeks between receiving the two copies (hence the possible fraud).

I am disabled and they are the bane of my life- between arrears when I was too ill to chase round the benefits agency for my deferment, which they want money from my benefits to cover, to the constant phonecalls.

I have nearly finished with my bank charges claims- I am now happy to turn to the SLC. At least putting my account into dispute has stopped the phonecalls!

[CAGisforME]

Hi Emma,

What I don't understand with your case is that once I deferred on the grounds on Disability (Mandatory 3 year deferrment under their own rules) all demands for payment of arrears & charges ceased for me.

They told me that they weren't allowed to ask me for these whilst I was deferred for disability.

So why are they chasing you for this if you are deferred?

It would appear to me that it simply depends on who is dealing with it at the SLC, as to how you get treated.

I really hope that you are succesful with these "people". The way they hound people who are OBVIOUSLY on benefits and unable to pay is DISGRACEFUL.

Just to update you as to my position:

My 3 year deferrment is in place (until 2010)
My charges and arrears have been wiped out (But no letter to confirm this as yet - time & date of call noted)
I have Subject Access Request'd them for all the info they hold.

I have (in my back pocket) a letter from my specialist and GP stating clearly that I am unable to work PERMANENTLY and this will ensure that the debt is written off.

HOWEVER - I want what I have already paid in charges etc, when, like you, I was being hounded by them, before I clued up on their rules.

THEN I will have it written off

Good for you. Keep Fighting.

[emmaf01]

I don't think they are used to people standing up to them.

I was only told last year about the three year deferment due to disability, and they have NEVER said anything about writing off arrears in these cases. I've only ever had deferment on a yearly basis. This year, however all this is going to change.

A couple of years ago, I was offered a place at university, which I had to decline in great part due to the SLC saying that , as I had arrears, I would be unable to receive any financial support from them. It is understandable that I have such a low opinion of them!

I am looking forward to receiving a response from the chief executive, and I advise anyone who has dealings with the SLC to send off requests under both the CCA and the Data Protection Act.

[emmaf01]

I am awaiting a letter from my consultant to get me a 3 year deferment- and have lodged a court claim for the charges.

How long were your accumulated arrears- how much did they clear off?? I'm only asking as I have considerable arrears and I am wondering how much I could get cleared.

PM me if you do not want to say anything publicly, or if you feel I have overstepped the mark!

[CAGisforME]

Hi Emma.

I don't have a problem with putting this on the forum. The SLC have maddened me with their (in my opinion) deliberate mis-information given to people in our position.

The arrears I had was about £86. BUT they also had added the same again in charges. They also took £10 per month off me for over a year against other arrears, when they knew I was disabled and actually entitled to be deferred and this is what I want back, before I then get that letter out of my back pocket to get it written off!!!

I'm feeling really UP about all this as I got final settlement on my 2nd barclays Claim today, without having to go to Court!

The most recent letter I have sent SLC is:

I note with disappointment that you have not responded to my letter dated 9th April a copy of this letter has been enclosed for ease of reference. This letter was signed for at your Company on 12th April and has been tracked on the Royal Mail Website under the Recorded Delivery tracking Number.

The 40 day deadline for full disclosure under the Data Protection Act 1998 has now passed and I have not received the information requested within this timescale. I am giving your Company notice that I am now going begin a complaint to the Information Commissioner. I am also beginning a County Court action under the Data Protection Act.

I doubt I will receive a response to this letter, however I wish to make my intentions completely clear.

This was sent last week and I'm going to report them this week and start my Claim for my info. I have had no correspondence from them whatsoever since I did the Subject Access Request.

Good luck to you with your case. I think you are right, they don't like it when you stand up to them. They seem to think that they are above the law of this land.

If you ever want to PM feel free. I'll keep you updated on my claim as I go along. Chin up. They can run, but they can't hide!

[emmaf01]

Thanks for that, CAG. I always feel I'm invading people's privacy asking for actual amounts, etc.

In addition to my court claim I sent an abruptly worded letter with reference to non-compliance with the Data Protection Act, and a further complaint to the Information Commissioners Office. I like to get them on all fronts- keeps them busy!

I have a distrust of banks (more so, since this charges business started) but the SLC are in a whole different league. They are like the worst parts of banks mixed up with the Information Ministry out of the film "Brazil".

They have, in the past, driven me spare. Now I feel I have got the upper hand.

[noomill060]

Take no prisoners when dealing with SLC.

Follow your own timetable to the letter and get your Small Claim filed against these cowboys as soon as you can.

It is the only thing they take seriously and will only respond just before their response time is going to run out.

They flee from Court like vampires from daylight.

[noomill060]

Hey, thats sounds good!

** has vision of SLC staff all arriving at work- bats flapping at the windows, the Bat Meister opens the window, they all flap into the office and turn into apparently normal humans, but underneath the awful truth!**


VAMPIRES!


(Cue disturbing organ music)

[emmaf01]

disturbing music- sounds like the music they play you on hold!

[noomill060]

Yup!