NHS Bursary debt help needed

[Bigmac versus]

Put this at the top of your letter.

 

Data Protection Act 1998

Subject Access Request

 

Add this in.

Please be advised I am at the moment contacting the (original debtor) as I am disputing this debt. Please supply me with a complete list of transactions and charges relating to my account history with your organisation. Alternatively, a complete set of up to date statements will be acceptable. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

[scatterheart]

Thanks I've got the heading in, I will also add in that paragraph.

[gizmo111]

There may be some relevant information for you here.

 

Good Luck

[scatterheart]

Was just wondering, am I within my rights to request copies of all letters that both Controlaccount and the NHS claim to have sent me previously? And if so, do I add this onto the SAR or will it already cover all correspondence. Will be interesting to see if the NHS do try and say they sent some.

 

I never received any letters from the NHS, if it turns out that they didn't send any and just passed the debt straight onto a DCA, and I further find that the missing £300 has been added on by the DCA as their "fee" etc, am I within my rights to refuse to pay this added amount, on the grounds that I was never given chance to dispute or pay the debt before they involved a DCA.

[Hippy-chick]

I think so scatterheart - quite within your rights. It should be covered, but no harm adding a sentence to say you want to see all correspondence they have on file.

 

And yes - once you get the results from the SAR you can start challenging unfair penalties.

[scatterheart]

Thanks

 

Does £300 sound a typical amount that a company like this would be likely to add on to a debt of £1300? I can't think what else it can be.

 

Although, if you look at the copy and paste that they sent me from the NHS, it says "Balance is now £1300.19 following a reassessment.". So it could be that the NHS have lowered the amount owed but CA have continued to chase me for the original amount.

 

I hope that is the case, I think I read somewhere on here that if they make an error in the amount that they ask for from you, their case becomes void, or something to that effect. That may be wishful thinking though!

[Hippy-chick]

I'd wait and see what they send to you scatterheart. In all likelihood, there'll be added charges, but let's see what they say then we can help you get a fair assessment of what you owe and how to deal with it.

 

xx

[rory32]

Does £300 sound a typical amount that a company like this would be likely to add on to a debt of £1300?

Quite simply they can not legally add their fee. It is not allowed, they are trying it on.

[scatterheart]

Again, thank you to both of you.

 

Just one last question for now (sorry, it's just difficult for me to think about anything else at the moment, every last detail is going over and over in my head all day and night) the woman who deals with my case at CA is saying she can't discuss my debt with the Student Adviser. Is there anything in writing anywhere to confirm any legal right for me to assign somebody like that to deal with them on my behalf, or alongside me, as an advocate or similar?

 

Had a thought last night, you mentioned don't sign the letters just print your name, well the adviser has apparently posted them the consent form I signed enabling her to take on my case, so they have my signature now anyway. Not to worry, I will still not sign these letters.

[scatterheart]

Ok I lied, there is one more thing...

 

The address on all their letters is a PO Box address. Is there going to be a problem with me sending my SAR and dispute letters by Recorded Delivery to a PO Box address?

[Hippy-chick]

Shouldn't be a problem scatterheart - the fact that it's been delivered will still be recorded by the Post Office.

[poppynurse]

I'm not sure that the NHS bursary comes under the CCA as it is not a loan or credit. It is a monthly sum paid to student nurses/midwives to support (ha ha) them whilst they study. I seem to recall from the days when I received it that it was clear on the paperwork that if you stopped attending your course that the bursary would stop and they reserved the right to recover the bursary if it was overpaid.

[scatterheart]

Thanks poppy, yes I am sure you are right about their terms and conditions including words to that effect.

 

One thing I remember is that when I went in to see the head of midwifery and my personal tutor to arrange my leave of absence, I was really upset and in tears cos of some things going on at home at the time which I had been telling them about, and I clearly remember asking them what happens about my bursary what do I need to do, and they said to me don't worry about that we'll take care of it, we will let them know what is going on, it will stop and then restart when you come back to uni etc etc. Obviously they didn't sort it out as promptly as they implied. Proving that that conversation ever took place is of course impossible now and I dare say I will carry the full liability, and charge. I can't even get in touch with the tutors now, as the Uni have since discontinued the midwifery course and the teachers had to leave and find employment elsewhere, no idea where

 

I accept responsibility for not telling them about my complete withdrawal however, I know that is my fault as the uni didn't know what was going on there. According to the copy and paste from CA, that comes to £300, not the £1600+ they are claiming

[Hippy-chick]

Yes poppy - but scatterheart can still SAR to find out about the charges that they may have added - I asumed that was the main poit of this -only to pay what she owes.

[scatterheart]

Bit of an update...

 

I sent a letter notifying CA that the debt was in dispute with their client and therefore they should cease attempts to collect monies etc, and my student adviser has heard nothing from them.

 

Today I got a letter dated 10th December giving me 48 hours (which would have expired yesterday) to call them before they issue a Civil Claim.

 

So it seems they are completely ignoring my adviser despite me having signed consent for her to act on my behalf, and they are ignoring my letter about the debt being in dispute with the NHS.

 

They didn't even seal the envelope, it came wide open as did the last one from them, I hope I don't have a nosy postman

[Hippy-chick]

That last is nasty - definitely against OFT Guidelines (2.6. (j))

 

Probably scare tactics scatterheart. However, as you have given your adviser authority to act for you, I'd get her onto this asap!

[scatterheart]

I have heard from my adviser today. She has spoken to CA by phone and they are now willing to deal with her and have put my case on hold for a whole 7 days (generous of them). She has also heard from the NHS grants unit who have posted her letters they claim to have posted to me at the time that i left my course, with statements showing what I owed. They claim to have sent these to my old address and that I never informed them I had moved during my course. However that is not true. I remember writing to them when I moved, and if I hadn't given them my new address then how did CA have the correct address to contact me at? :-|

 

Oh and the NHS have admitted that the amount owing is £1300, not the £1600+ that CA have been asking me for, they say they are letting CA know the correct amount this week. Good job I didn't just blindly pay it like some people would have done.

 

My adviser has basically said to me I am liable to pay the debt now and I have to return a financial statement to her to forward to the NHS to offer low weekly payments etc with.

 

She doesn't seem interested in whether or not I can dispute £900 of the debt on the grounds that the University assured me they would notify of my leave of absence and then didn't for 2 months. I am not sure what to do now, whether to try and dispute this myself or just to pay them.

 

Also, having read the OFT guidelines, CA seem to have (in my opinion) contravened a few of these guidelines, but I am worried now that if I report them or complain to them about it, that they are just going to pursue me even more. The woman who always emails me seems to have taken it as a personal mission now to get every penny out of me in as rude a way as possible, just cos I had the audacity to question what exactly I was paying

[Hippy-chick]

Well, good news about the £300 at least. That's a start. And at least you have 7 days to work out what to do next.

 

Do you think you have a chance disputing the £900? Do you have anything from the Uni about your leave of absence in writing?

 

If CA have contravened OFT guidance you should pursue this. The main thing is that you are taking charge of this, so CA can be rude, but they can't hurt you.

 

Keep smiling - you've saved yourself £300. Give yourself a pat on the back for that while you think about what to do next.

 

[scatterheart]

Thank you yet again, HC. You are like a guardian angel to the people you give advice and encouragement to on these forums, all of the people who reply are

 

I am really pleased about the £300, I knew something was going on there as soon as I saw that copy paste from CA didn't add up to what they were claiming.

 

Do you think you have a chance disputing the £900? Do you have anything from the Uni about your leave of absence in writing?

 

I have no idea what my chances would be. I have nothing at all in writing, only the dates. Nothing to suggest that my tutor assured me she would notify them on my behalf.

 

The statements from the NHS contain the following:

 

"When you signed for application for a NHS bursary you undertook to: "to refund, if required to do so, any sums paid to me or on my behalf by way of bursary, allowances or tuition fee contributions for a particular year, which exceed the amount payable for that year"."

 

So I think perhaps I will SAR them (both NHS and CA) and also CCA and see if they have a copy of this signed application.

 

If I do decide to dispute this, do I have anything to lose? Could I end up in a worse position than I currently am, in terms of amount owed, chances of being able to negotiate a reduced amount, and chances of being able to negotiate a payment plan of small installments?

[rory32]

do I have anything to lose? Could I end up in a worse position than I currently am,

Basically no. Worst case scenario is that you end up in exactly the same position as you are now.

[scatterheart]

Thanks rory, that's reassuring

 

Just out of interest, if CA had found my address by some other means and the NHS are telling the truth when they say they held my old one on record, then would CA's search show up on my credit file in any way? Or should my SAR return a record of them tracing my address? I don't know why this seems important to me, I guess it's just the principle.

[Hippy-chick]

I don't think you can CCA for a bursary, scatterheart - I think that S.A.R. is the way to go if you think that extra charges have been added.

 

As Rory says, you've got nothing to lose. It will cost you £10 though, so make sure it's worth it.

 

And thanks for your kind comments. I'm blushing here.

 

xx

[scatterheart]

I don't think you can CCA for a bursary, scatterheart - I think that S.A.R. is the way to go if you think that extra charges have been added.

 

As Rory says, you've got nothing to lose. It will cost you £10 though, so make sure it's worth it.

 

I think you are right about the CCA part yes, I am going to ask for a copy of the original application within my SAR instead. Also the Notice of Agreement, which rory advised me about earlier today. And copies of all correspondence with proof of postage if they hold it.

 

I'm not SARing because of any extra charges, I no longer believe any have been added now that I know what the revised amount is. I just want as much information as possible, I want to know everything that they claim to have sent me, so that I can dispute it with as much knowledge as possible.

 

I don't know whether to SAR the DCA or the NHS. If I send to the DCA, is it reasonable to expect that they include the Notice of Agreement and a copy of my original application?

[Hippy-chick]

I think you S.A.R. whoever is actually chasing you for the debt and it is up to them to get hold of everything that the OC has on flie about you.

[scatterheart]

Thank you