Student Loan Company Problems

[cornishbear]

Well where to begin??

 

I have had a CCJ registered against me by the SLC this occured when i moved house, and despite me informing them of my change of circumstance at least twice them still sending all correspondence to my old address which was actually demolished and no longer even exists!!

 

They applied for a CCJ to this address obviously I recived nothing and new nothing until i checked my credit record with experian.

I phoned the SLC to sort this out and to continue defering payments as i do not earn over the payment thresehold and have a wife and 2 little ones to support. But i was informed that as they had a judgement i had to pay up!!! I've negociated down to £30 a month but this is still alot for my family.

 

From reading this forum I now understand i can apply to have the judgment "set aside" as I was unaware of the action and never recived their correspondents. If i have the Jugment set aside does this also remove this from my credit record and can i then apply to have my payments defered as they should be??

 

Sorry to be long winded I hope someone can help me out

Thanks in advance

Cornishbear (Grrr!!) :)

[mutzi]

You did nothing wrong, it's their mistake. I assume you could include the removing of the ccj from your credit record in your claim. There's also the matter of whether you want the money paid back or not since you should have had it defered. Your choice, if you don't need it your balance will be better off anyway.

 

Also don't forget any unlawful charges they've probably applied to your account

 

Some basic information.

http://www.compactlaw.co.uk/free_legal_information/small_claims/smcf12.html

[blacksheep1979]

Student loans company are more than happy (supposedly) to repay any overpayments/payments in periods that you did not need to pay - however they won't give interest as the money has offset interest on your account.

[Andy S]

I have two loans, one from 1992 and one from 1995. I was issued with a default notice on boith accounts in September 1999 which I ignored. (depressed, already had £20,000 of consuler debt etc.)

 

My only crime was that I had failed to fill out the deferrment notices from 1999 although my income has always been below the threshold required before I had to make repayments anyway.

 

Last week I get a letter from McKenzie Hall, Solicitors for SLC saying they want both loans paid back and are threatening court action.

 

My loans were isssued prior to 1998 and are subject to the Consumer Credit Act.

 

Surely as the default was issued in 1999 and as it is past the six year period under the Statute of Limitations all I do now is wait until I receive the Court summons and say that their claim is now time barred under the Statute of Limitations Act.

 

Surely the same law applies to them as to other loan companies or does someone have any light they can shed on the issue?