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trying to get loan written off.. at end of tether


ivygirl
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hi guys, I'm new to this forum.. i have been deferring mystudent loan for over 10 years.I have been paying"arrears" for many years that unfairly accumulated due to them "losing" numerous deferrment forms, benefit proof etc.

I have long term mental health issues and am disabled ith m.e. and i was told by the student loans that if i got a letter saying specifically these 4 words"permenately unable to work" they legally have to write the loan off.

So my psychiatrist wrote the letter with the exact wording and now i have been told that as i dont " have a brain tumor and 3 months to live" my letter is not acceptable.

 

I am at the end of my tether, i have had so many debts , fines, bailliffs over the years from them losing my documents and me being fined more and more money, it has caused me to absolute dispair.

i just want to get it written off now and have given in the evidence to support this but they won't accept it.

 

I wondered if anyone had any advice. many thanks, ivy

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These loans are covered by the 1974 consumer credit act, so send of your CCA request with appropriate fee immediately to see if they have an enforceable agreement.

 

Because you have filed in deferment forms, you have acknowledged the debt, so statute barred does not apply.

 

When you get a response, let us know.

 

BUT, most importantly, don't let this worry you or affect your mental health - there is lots of support on here and we can help you every step of the way.

 

Open all letters from them and, if I may be so bold, post contents (minus identifying details) on here straight away and you will get some good advice.

 

You can also PM me if you don't want the contents posted on the site.

 

Good luck!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Keep your chin up sweetheart. I too suffer with chronic fatigue as a Lupus sufferer, so I understand what you're going through

 

Don't let them get you down, they are bullies and feed off people's anxieties.

 

I have also been paying arrears for years due to 'lost' deferrment forms and a month ago was threatened with default and court action.

 

But I have now done a CCA request - which they have failed to comply with and a Data Protection S.A.R - (Subject Access Request) - which they are running out of time with fast.

 

SO now I know they can't touch me anymore, their debt is unenforcable and I am going to claim back all the money i have already paid them.

 

You should do the same. Their charges are illegal and their tactics are underhand. Don't let them get away with it. If you have been classed as unfit to work they HAVE to write the loan off - if you want free legal advice try (link to commercial site removed.) they're great and totally free.

 

good luck

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The SLC's exact wording on writing loans off for disability is:

 

"If, because of your disability, you are permanently unfit for work, the loan will be cancelled. You will be required to submit satisfactory medical evidence that you are permanently unfit for work".

 

Someone at SLC has got it wrong. You need to appeal in writing, stating that you have supplied such medical evidence, ask them to reexamine your case and if they still will not agree to this, ask them to explain in writing why this is the case as they cannot discriminate against someone because their disability is of a mental rather than physical nature.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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hi guys, sorry i haven't been able to reply.. my laptop died and i got a new pc today so i'm back!

thank you so much for your replies.. thwe good news is that once my cpn got on the phone to them, i got the letter today saying my loan is written off!! i'm soooo glad.. BUT, the amount i actually paid in "arrears" the last ten years because of them losing documents and it going to debt collectors, was i reccon about 3 times the actual amount of my loan, so they definitely fleesed me dry .

i wish you all good luck with your ongoing battles with this gangster company. hugs ivy x

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You should still be able to claim back any arreas charges as we all know they are considered to be disporportionate, and therefore illegal. Seriously, check out some of the other threads here and send of a letter (like the bank charge one). you could get a nice little nest egg back from them - after all it is rightfully yours!

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Well, I'm still a bit of a newbie at this and I'm sure other people here can direct you more accurately. But here goes...

 

It's pretty much the same as the bank & credit card charges issue. The OFT have said that any charges incurred can only be the same as it costs the company in admin costs. This is usually a few quid - so charges of £25 and the like are unlawful. So if the SLC has charged you this sort of charge each time (as they have me) then they have done so unlawfully.

 

If you have a record of everyting you've paid out in charges over the years, great but if not then you need to do an SAR (Subject Access Request under the Data Protection Act). You can find the template letter here...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

You need to include a £10 payment with it, but this means they have to produce copies of everything they hold about your account with them - including charges incurred and payments made.

 

Once you've got this, add up the amounts you've paid them and send a letter asking for the money back. You can find a template letter to do this here...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

If you search these forums you should find everything you need to know. And there are a lot of people here that know a hell of a lot more than me, so if I've made a mistake or missed anything out I'm sure they'll let you know,

 

Good Luck - let us know how you get on. I've done the SAR and am waiting for a response, so I'll let you know how I get on too.

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Hi,

 

I was in the same position. They refused to write off the loan despite Medical Evidence, but when I pointed them to their own rules, they suddenly had a change of heart and I have had my loan written off.

 

They are refusing to pay me back the £200 odd I paid them whilst I should have been deferred for 3 years at a time (In receipt of Disability Benefit) and wasn't. The arrears I accrued were all due to "lost" forms etc.

 

I've tried writing ONCE MORE asking nicely.

 

Then I intend to persue them through the Court.

 

I will let you know how I get on.

 

:)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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oh my god, i really didn't know i could claim the "arrears" back.. I have been on benifits for 12 years and had payed them a substantial amount over the years due to them "losing documents" . I will definitely go down that route and let you all know how it goes. Many thanks, ivy x

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Good luck and remember not to let anything get you stressed - if you want advice/reassurance/help, we're all very willing to lend a hand, so ask away!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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