I was just reading through it again. It's about a process that probably ultimately ends up in court. With that in mind, have people actually gone to court with this defence and lost? I am assuming that each case will be taken on an individual basis, where the judge/magistrate will look at the actions etc of both parties involved, or is it that failure to provide the agreement within the set timetable is considered an absolute, unquestionable defence?

Fraternal Greetings from the National Union of Students! First off, to clear this up. DfES says that the income-contingent loans available to students currently (and to new students since Sept 1998) are low cost loans and thus not governed by the CCA: http://www.studentsupportdirect.co.uk/pls/portal/docs/PAGE/SPIPG001/SPIPS001/SPIPS008/A%20GUIDE%20TO%20T%26C.PDF What low cost loans are is outlined here: http://www.oft.gov.uk/NR/rdonlyres/7BEE730B-3BA6-4F34-81E4-A046F78DB131/0/oft140.pdf See p7 for a definition. Which as they don't require a credit agreement there isn't one to provide and thus the loan would remain outstanding. However, old style loans (available to new students Sept 1990 - Aug 1998) are governed by the CCA and I remember signing the credit agreement myself, so this procedure should be valid. We have been looking into what this would mean. We've figured out that, yes, the repayment of the loan would not be necessary whilst the credit agreement has not been provided, but cannot see any reason as to why this would mean the debt is effectively wiped out. Yes, the SLC may well have been committing a criminal offence, but that does not necessarily mean that the loan gets written off, or indeed that the loan does not become enforcable again if the credit agreement is found at a later date. It is quite possible we are missing something that is covered in another act or in a legal precedent somewhere. Can anyone point me in the right direction? I would also like to take issue with Stonelaughter, who seems totally unaware of the practices and incompetences of the Student Loans Company and the misery they cause. I paid my loan off in full a couple of years ago when I sold my house, partially for the reason that I would never have to deal with the incompetents ever again on a personal level. I could bore anyone for hours with the casework which we have handled in the past regarding the way they operate. That should be an eight. No idea why the smiley appeared!