Unpaid Student loans 91-94 - living abroad, advice required

[Suti]

Firstly, I have read all the previous forum entries on SLC and various charges and collection issues, and whilst they have been extremely informative I have found nothing that relates directly to my situation, hence this post.

 

So, first a little background. I took three loans from the SLC during 91-94. In 95 I left the UK for work and have stayed abroad ever since. Initially I simply ignored the letters the SLC sent to my parents UK address, but eventually I contacted the company and asked them to send future correspondence to my address overseas, simply as I did not want the SLC or any of its agents hassling my family.

 

I then applied for deferment on the first loan repayment, supplying the SLC with written confirmation of my earnings, and deferment was duly granted.

 

I did this for several years and all seemed fine; we had simply settled into a nice rhythm it seemed - they sent deferment papers, I sent them back and they were approved.

 

Then, roughly seven years ago I received a letter stating that I owed arrears. I queried this, stating that as per usual I had sent my deferment form back the day after i had received it. The SLC pressed ahead regardless, stating that I owe them money, but did however grant deferment.

 

The following year I received a demand for repayment, and a demand for arrears, plus interest, and a host of other charges (20 pound letters etc).

 

Again I queried this, and sent the SLC a letter stating that I did not acknowledge the arrears and that my deferment was still valid. (After a while i realised the problem - the SLC was posting my deferment form with a second class stamp, and by the time it arrived in my corner of Eastern Europe the deadline to return it had already passed. This I pointed out in my letter, and asked that they make a note of this and pay for postage that might ensure I received the form in good time.)

 

Correspondence then dried up from their side, and, I admit, stupidly, forgot about the alleged debt. Fast forward to around 2004 and a whole barrage of letters from the SLC demanding immediate repayment on the 91 loan, and no more deferment forms for the 92 or 93 loans.

 

I called them and reiterated that I had done nothing wrong, owed them nothing, and that as I did not earn over their threshold was entitled to defer again. The, admittedly very pleasant, person on the SLC help-desk said my concerns would be noted and a letter sent.

 

Yet again, I received no written reply, but 6 months later a deluge of demands from a third party debt collector. They too dried up (i admit I just ignored them), then after another 6 months a futher deluge of letters from a second, and then a third UK debt collector. As it stands, I have received no correspondence from either a collections agency or the SLC in the last 12 months.

 

I continue to earn less than the 23k threshold, and have done each and every year since i left the UK. I have documentation to prove this, but i suspect the time for talking to them is over and deferment is no longer an option. My worry now is that as the country I chose to make my home is now an EU member, they will sell the debt to a local agency and some lunk will come banging on my door to collect what is now a sizeable amount (roughly 5k GBP from recollection - all from an initial arrears charge of approx 250 GBP caused by the SLC's 2nd class postage....)

 

Apologies for the long winded first post, but I'm at a loss about what to do. As I see it, I was following their instructions to the letter, then for some reason and without any real warning they went to defcon 4. I have not tried to hide from the debt - I could simply have chosen not to inform them of my true whereabouts - and have, in the initial phase, been nothing but compliant when asked to provide details of earnings in order to secure deferment.

 

is there anything I can possibly do other than the obvious change of address??

 

many thanks in advance.

[Suti]

Further to the above - I note that other people with similar problems have been advised to go down the CCA/S.A.R route with SLC. Would this be the right place for me to start, as I have no copies of the correspondence and at this point am unsure exactly how much the SLC thinks I owe them. If so, how do I go about this in the correct manner?

 

many thanks.

[Suti]

so, I have decided that I need to sort this out one way or the other, and I'd be grateful for advice on the appropriate course of action. As stated below, I have no real idea what the SLC thinks I owe them at this point so, after looking at a lot of previous threads, I believe I should kick off with the S.A.R - (Subject Access Request) request - as below (these letters are C&P from a previous thread)

 

Student Loans Company Limited,

100 Bothwell Street,

Glasgow,

Scotland.

G2 7JD.

 

SUBJECT ACCESS REQUEST.

 

Re: Account Number: XXXXX

 

Dear Sir/Madam,

 

I hereby make a Subject Access Request under the Data Protection Act 1998 and request that the Student Loans Company Ltd. supply me with the following:

 

1) a complete list of transactions and charges relating to my history with your organisation (trading as either the Student Loans Company, Smith Lawson & Co [which I understand to be one and the same], or any other name);

 

2) where there has been any event in my account history which has required manual intervention, disclosure of any indications, notes or other evidence by any member of staff or any other person, which either caused or resulted in manual interventions in relation to my business with you (If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response);

 

3) records of decisions and communications relating to any changes to my credit status/history made by your organisation.

 

I enclose a cheque for the statutory maximum fee of £10 for which I would like a receipt by return of post.

 

As per the Data Protection Act 1998 you have 40 days from the date of this letter in which to comply with this request. Failure to do so fully will be reported to the Information Commissioner and I will seek compensation through the Courts.

 

 

Yours faithfully

 

 

xxxxxxx

 

And also the CAA request as follows:

 

Student Loans Company Limited,

100 Bothwell Street,

Glasgow,

Scotland.

G2 7JD.

 

CONSUMER CREDIT ACT REQUEST

 

Re: Account Number: XXXXXXXXXXXX

 

Dear Sir/Madam,

 

I hereby request a true copy of the signed agreement for the above account [or accounts if more than one] under the terms of Section 77(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 per account in the form of a cheque.

 

As outlined in the Act you have 12 days from the date of this letter in which to comply with this request. Failure to do so is a criminal offence under the Act and as such will, in the event of none-compliance, be pursued further with the relevant legal authority.

 

Yours faithfully

 

 

xxxxxxxx

 

 

 

Now, I have two problems. Firstly, I live in a country that does not issue chequebooks and I do not have a UK bank account - should I include cash and send recorded delivery/TNT?

 

Secondly, would I be better getting a friend to post the letters from the UK using their return address, or would that somehow implicate them in this sorry mess?

 

Finally, I note that many people suggest writing 'This account is in dispute' at the top of the letters..is this necessary and, or, correct?

 

 

Apologies for seemingly talking to myself, I'm just a bit lost and need to be pointed in the right direction,

 

many thanks in advance

[Guest Old_andrew2018]

so, I have decided that I need to sort this out one way or the other, and I'd be grateful for advice on the appropriate course of action. As stated below, I have no real idea what the SLC thinks I owe them at this point so, after looking at a lot of previous threads, I believe I should kick off with the S.A.R - (Subject Access Request) request - as below (these letters are C&P from a previous thread)

 

Student Loans Company Limited,

100 Bothwell Street,

Glasgow,

Scotland.

G2 7JD.

 

SUBJECT ACCESS REQUEST.

 

Re: Account Number: XXXXX

 

Dear Sir/Madam,

 

I hereby make a Subject Access Request under the Data Protection Act 1998 and request that the Student Loans Company Ltd. supply me with the following:

 

1) a complete list of transactions and charges relating to my history with your organisation (trading as either the Student Loans Company, Smith Lawson & Co [which I understand to be one and the same], or any other name);

 

2) where there has been any event in my account history which has required manual intervention, disclosure of any indications, notes or other evidence by any member of staff or any other person, which either caused or resulted in manual interventions in relation to my business with you (If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response);

 

3) records of decisions and communications relating to any changes to my credit status/history made by your organisation.

 

I enclose a cheque for the statutory maximum fee of £10 for which I would like a receipt by return of post.

 

As per the Data Protection Act 1998 you have 40 days from the date of this letter in which to comply with this request. Failure to do so fully will be reported to the Information Commissioner and I will seek compensation through the Courts.

 

 

Yours faithfully

 

 

xxxxxxx

 

And also the CAA request as follows:

 

Student Loans Company Limited,

100 Bothwell Street,

Glasgow,

Scotland.

G2 7JD.

 

CONSUMER CREDIT ACT REQUEST

 

Re: Account Number: XXXXXXXXXXXX

 

Dear Sir/Madam,

 

I hereby request a true copy of the signed agreement for the above account [or accounts if more than one] under the terms of Section 77(1) of the Consumer Credit Act 1974, enclosing the statutory maximum fee of £1 per account in the form of a cheque.

 

As outlined in the Act you have 12 days from the date of this letter in which to comply with this request. Failure to do so is a criminal offence under the Act and as such will, in the event of none-compliance, be pursued further with the relevant legal authority.

The part changed to BLUE is no longer relavent it has been deleted from the CCA 1974.

 

Yours faithfully

 

 

xxxxxxxx

 

 

 

Now, I have two problems. Firstly, I live in a country that does not issue chequebooks and I do not have a UK bank account - should I include cash and send recorded delivery/TNT?

IMHO you should never use cash, the reasons are it could be stolen, it might be credited to your account as a payment, restarting the clock and prevents a claim of statue barred.

 

Secondly, would I be better getting a friend to post the letters from the UK using their return address, or would that somehow implicate them in this sorry mess?

It may cause problems, if a DCA is involved, why not ask them to purchase postal orders for the payments,

 

Finally, I note that many people suggest writing 'This account is in dispute' at the top of the letters..is this necessary and, or, correct?

There is no need for this with either a CCA or an SAR.

 

Apologies for seemingly talking to myself, I'm just a bit lost and need to be pointed in the right direction,

 

many thanks in advance

 

Can I ask when did you last have contact with the SLC,

 

Regards

 

Andy

[Suti]

hi Andy, thanks for the reply

 

roughly 9 months ago as i recall. A statement. What is interesting is that i have three loans outstanding (91,92,93) but all recent correspondence refers only to the first loan.

 

My position, which is probably naive i admit, is that I contest the arrears and wish to continue to defer as I still earn under the SLC's threshold.

[Conniff]

I would say that deferment is an acknowledgement so the six year rule wont apply.

[Guest Old_andrew2018]

Do you intend to return to live in the UK permanently in the future

Edited August 25, 2008 by old_andrew2007
typo

[Suti]

hi - no plans whatsoever to return.

 

One thing that prompted me to seek out this forum is that a person here in a similar position received a letter from the local unit of EOS Debt Solutions demanding payment. So, I'm also wondering how long the arm of the SLC and its DCAs can extend,

 

many thanks again

[Guest Old_andrew2018]

The reason for my question on return to the UK is that a debt may become statute Barred after no payment or acknowledgement for six years, I expect to be corrected if I am wrong.

I am aware or should I say I read that some countries have reciprocal agreements with regard to debt collection.

 

Andy

[Sliemawarrior]

Hi,

 

I am in a similar situation although mine are more recent. I have loans from 97, 98, 99 & 00. I have moved abroad this year but have always kept SLC in the loop although admittedly I stopped my Direct Debit as I could not afford the payment and did not have a permanent address. I did however give them an email address and mobile phone number to contact me.

 

I wrote a letter explaining all of the above in Jan and had no contact from SLC, it sat on someones desk with no one doing anything. I then receive a call after being traced demanding payment. I believe I have incurred trace fees, despite all my details at the SLC.

 

I have filled in a deferrment form but they are only back dating to June and not Jan. I am worried they might be able to get the local debt collectors as well. I also believe my account has been overcharged with charges for letters, arrears etc.

 

Is the process to send these two letters off to SLC as the first step? I am not above the minimum threshold.

 

Cheers

 

S

[duty4you]

Hi there i see that you have had contact with the SLC so the limitations act of 1980 i am afraid doesnt apply as deferment counts as admittance of liability - the statute barred rule applies if no contact has been made by said company for 6 years you need too ask for your Subject Access File - you dont need to create a missive just ask for it - But if they take more than 30 days (how i understand it ) then the debt is cancelled someone on here can proberly explain it better

[duty4you]

just another thought pre 1998 loans are simple CCA they are not linked too your wages so they cant take money from you - my advice forget it move on - but thats your choice - it will proberly show on your credit record so check for that as well

[duty4you]

If you need too invoke the six years rule use this letter

 

Liability for debts and the limitation act

4

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Account No:____________________________________________

 

You have contacted me/us regarding the account with the above reference number, which you

claim is owed by myself/ourselves.

 

I/we would point out that under the Limitation Act 1980 Section 5 “an action founded on simple

contract shall not be brought after the expiration of six years from the date on which the cause of

action accrued.”

 

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred

debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during

the relevant limitation period”.

 

The last correspondence/payment/acknowledgement or payment of this debt was made over

six years ago and no further acknowledgement or payment has been made since that time. Unless

you can provide evidence of payment or written contact from me/us in the relevant period under

Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action

against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a

debtor has stated that they will not be paying a debt because it is statue barred could amount to

harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I/we await your written confirmation that no further contact will be made concerning the above

account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your signature)

 

 

REMEMBER

TO KEEP A COPY OF LETTERS YOU SEND TO YOUR CREDITORS

[Sliemawarrior]

Hi, Thanks for this. I have been paying the loan off up to last year, so have been in regular contact and I have been in contact this year. Really, I just want to see my account file to see the charges and notes etc as I believe it will be a mess. So I just send a Subject Access File and they have to respond in 30 days.

 

It is pre 98, can they not send debt collectors around?

 

Is there anyway under the Data Protection Act I can stop them contact previous contacts or sending items of my account to addresses I have not given them.

[Suti]

Hi - Duty4you - was the advice to just ignore it directed at me? I have not sent the CCA/SAR request yet, as I'm waiting to see if the SLC contacts me again. Credit rating is not an issue for me at present, but I feel that I should at least do something about this; they are unlikely to forget about the debt, and as far as I'm concerned I have done nothing wrong and can prove that I earn below the repayment threshold.

 

many thanks.

[duty4you]

so sorry Suti for not getting back to you earlier

 

My Student loans have been statute barred - it means they cant take legal action against you - what so ever! - so they cant inforce the debt

i see you have been in touch with them in the few last years or so well i had heard nothing from them for over ten years and last August they contacted me thats when i did some research - really do your research it is helpful - as you have been paying there isnt much you can do - as i understand it they can contact other people that are related - not very ethical i agree but thats the way it is

if you need anything else contact me

[duty4you]

they cant force you to pay if you are below the 15000 threshold you can enforce it infact demand that they shut up

really hope it helps

[toward]

Hi Duty4You,

Firstly thanks for your contributions to the thread.

 

I have been living abroad since 2002 and transferred away from a British contract in 2004. I have not contacted the SLC at all since then, but my parents have received an annual statement.

 

Does the statute barred apply to one or two way communication? ie Can I also apply for this in 2010 after 6 years of no contact with myself.

 

Thanks.

[duty4you]

Hi there

ok they can contact known addresses - so it may mean parents etc may be contacted - ok - but they have to be in contact with you - ie letter - phone - telegram - makes nooo difference -they need to be in contact with you!

It is their job to chase you - ask your parents to file under IGNORE - it does not impact on there credit at all if it does SUE them - it is your debt - so its up to you what you do - i have my loans barred - it does not mean its gone just that they can not take action against me - so the debt is dormant - as for the DCA - they broke the law and i am taking them to court for that fact -

you live abroad enjoy!!

forget it - remember six years no contact makes no difference they need to show they have been in contact with you

ok

[kurvaface]

Hi Toward

 

If your loan is pre-1998 and you have the 6 year no acknowledgement window you're ok. Statute Barred as I understand it soesn't apply to post '98 type loans.

[duty4you]

yes your right kurvaface pre 1998 are simple cca covered by the 1974 act - post 1998 are wages linked - but can still be barred if no contact or work related employment has been undertaken - but now the SLC can apply to have it show on your credit file - at the moment its a grey area - as i said mine are statute barred so i am activily looking to see any action on that level- as a side line i have had 4 phone calls this week from SLC after it was SB and had apoligies each time and confirmation of the status of this debt - so my next step it sue them for violation of act 8 and 9 of the human rights act and criminal harrassment hang on and i will up date you when i get more info