tobciocc vs slc (the defence)

[noomill060]

I told you their defence was twaddle- if they believed it, do you think they would have made any offer at all?

 

You're nearly there and they know that they are up poo creek without a paddle, sitting in a canoe with their wotsits in a vice!

 

One more turn of the handle and their hearts and minds will follow.

 

[noomill060]

Oh, and when you email Harper Macleod, mention the letter you received from Crapquest demanding payment of debt whilst in legal dispute.

[noomill060]

Scan the crapquest letter and attach it to the email you send harper macleod.

 

You could get it scanned at your library if you dont have a scanner youself.

[tobciocc]

Hi again

 

Your absolutely right about what I've claimed, including interest. However I've also claimed back about £90 which I payed to them over the course of a year. Harpers suggest these payments I made were not for the charges, they were to pay arrears. When I agreed to make these payments it was with a view to them stopping hassling me about CHARGES and arrears. The person at the SLC at the time said 'This will keep us of your back'. I think I can claim these back.

 

The Debt collecter who sent me a threatening letter last week was actually Scotscall, my mistake. I will send this scanned to Harpers as you suggest.

 

Thanks for you help

[noomill060]

About the money you paid them- were you defered at the time?

[noomill060]

If you are arent defered you do build up arrears which you do have to pay.

 

(Its just penalty charges + interest you can reclaim, not arrears)

[tobciocc]

No I was defered at the time I was making these payments, I do have arrears though from a few years before when I didn't defer on time. However as I understood it I agreed to pay them £5 a month to stop them phoning me about about arrears and charges, It was never agreed that these amounts were going towards either the charges or the arrears.

[noomill060]

Are the arrears from back then now cleared?

[tobciocc]

No I wouldn't give them anymore money untill this was all sorted out, basically they abruptly cancelled the repayment plan of £5 a month and demanded £70 instead. What really annoys me is that I was unemployed at the time and the SLC refused to back date the deferment on that basis, oh and the fact I didn't have a permanent address made no difference to their decision.

[noomill060]

So, get some evidence of the fact you were unemployed and were therefore entitled to defer.

[tobciocc]

Indeed, thats another court case isn't it. How do I prove it as well.

[noomill060]

Letter from the DHSS, or whatever they call themselves this month.

[tobciocc]

New offer of settlement received today.

 

This time they have offered to pay back the charges I have already paid. Not admitting they were in the wrong, but as a goodwill gesture????. Also reversal of all charges. However what they won't do is pay the interest I'm claiming on each charge from the date they were added. I think I'm going to refuse this and go for full settlement, this feels like the last throw of the dice to try and save SLC money. Noomill060, what do you think?

 

Thanks for your help with this

[noomill060]

Just write back accepting their offer as part payment but that you will continue your claim for the removal at all interest levied on unlawful charges plus 8% court interest.

 

Youre on the home straight now!

[tobciocc]

OK so I told the solicitor I was pursuing the claim in full, no response as yet. However today I've receieved a letter from SLC demanding repayment of the charges withing 7 days, also they say they have been trying to contact me for some days. This is just mad and untrue, and of course surely intimidation and illegal. Thats twice they've done this since this matter has reached court, is there anything I can do. Can I make a claim over this as well, compensation for harrasment or something??

[tobciocc]

Well after several days of the solictor trying to strong arm me to remove my claim for interest, they have caved in and offered to settle in full. Bunch of useless inept morons. Obviously I'm delighted, I hate the fact that they say they are not liable (they are) but are paying up for commercial reasons. Still, after years of hell its great to make them pay me money. Thanks for all your help noomill060, and others. You've been a great help.

 

Now I intend to get the arrears removed on the basis I was unemployed when these were added.

[noomill060]

Most excellent news. I knew you would do it. Well done for holding out.

 

Let me know how you get on with your next assault.

 

[jayney71]

Hi Noomill

 

It's been really interesting and useful to read about your success with reclaiming charges, and I will be sending the SLC a SAR on Monday.

The reason the SLC have added charges to my account is because they claim I have arrears which, in my strong belief, are not valid as they have been accrued due to their own incompetence - long story which I won't bore you with!

 

Any ideas how I can get them to remove the arrears and, in effect, add them back into the loan? Can I do this as part of court action for the charges or treat it separately somehow?

 

This is getting quite urgent now as the latest letter I've had is from Westminsters Solicitors, headed "Notice Before Legal Proceedings". I've already been through the Smith Lawson and the NCO Europe stress!

[noomill060]

Hi Jayney!

 

Why do you think the arrears are invalid?

 

Did you try to defer at the time? They are very good at losing deferment letters. there is a complaints proceedure you can go through if you were eligable for deferment at the time and SLC screwed it up by their muppetry.

 

Need more info to help you.

 

And of course you can get them to remove the charges. Just follow in my footsteps.

 

Best thing you can do is to start a thread for yourself. Go to the Students forum, scroll down, click the "New Thread" button at the bottom on the left, and away you go.

Edited October 25, 2008 by noomill060

[noomill060]

If you can scan the letter from Westmister solicitors and put it on your thread (after removing all personal details and account numbers) it would help.

 

Typing out the letter word for word would be good if you cant.

[tobciocc]

O.K so they settled out of court months ago and agreed to wipe the charges from my loan, today I receive a letter from them demanding the money they were supposed to remove. What to do about this? I mean we've had them sending threatening letters when the account was in dispute and about to go to court, surely this is worse given I have it in writing and they legally have to remove the charges. I'm really bloody angry about this.

 

Suggestions??

[noomill060]

When you say they settled out of court, what actually happened?

 

As you have a letter from them agreeing to remove the unlawful charges, you should write to the court explaining the situation, enclosing a copy of their letter accepting liability, along with a copy of their latest demand.

 

I think you should ask for a summary judgement against them, as they have shown bad faith and acted with deceipt in getting you to withdraw your claim.

 

Just wait until you get advice on what to put on your letter, thought. I'm pretty sure they have now stepped over the line from "civil" to "criminal" and the Judge will not be impressed with them.

Edited October 25, 2008 by noomill060

[noomill060]

Make a note of all calls you receiev from them but do not speak to them. Just refuse to answer thie security questions and say "Put this in writing"

[tobciocc]

Yes its all in writing thats for sure, I have all the letters and even emails I had with their solicitor. I could just do without the stress but would also like them to suffer some pain for continualy behaving like they are above the law, or indeed bloody useless.

[noomill060]

Suggest you email/ write to SLC and their solicitor, informing them of SLCs deceitful demands, giving them 7 days to confirm that they have now reversed the charges as agreed, or you will be taking further action through the courts to enforce compliance, as your agreement to withdraw your claim was clearly conditional on SLCs agreement to reverse their charges.

 

Tell the solicitor that this will be the last notice you will give them before you restart your claim, and that you will ask the Court to order their client to reimburse all further costs suffered by you as a result of their bad faith infailing to make good their offer of settlement.

 

State that in the event you are forced to re-enter into correspondence with their client, you will invoice their client a charge of £25 per comunication, that a reply to this email/ letter will be regarded as acceptance of this condition and that these charges will be added to any future claim.

Edited October 25, 2008 by noomill060