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charging creditors for ignoring accounts in dispute!

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is there any reason why we shouldn't be charging creditors, in my case student loans, for failing to acknowledge that account is in serious dispute? After cca request, student loans sent me illegible and unenforceable contracts. I told them that it was obvious they were completely illegible especially a whole seperate page with the terms and conditions. They then sent me two more copies of the illegible contracts then a copy of a blank application form. Admission that the contracts are completely illegible. These contracts are from 91 & 92. They are ignoring account is in dispute and now in serious dispute. Keep passing it to smith and lawson who threaten court proceedings over £255 of charges for letters and lost deferrment forms and keep trying to also enforce this contract. Any reason why i shouldn't tell them that if they keep breaching the cca 1974 by ignoring the account is in dispute i shouldn't send them another letter reminding them of their position and charging them £50 per time until they acknowledge and settle the dispute and also charge them for continuing to pass my account to a third party while in default and without my consent? I don't see any reason why if my husband was allowed to sign a contract with them with their terms and conditions why he can't do the same? And my understanding is he doesn't need signed consent... Only tacit consent by acquiescence. They break the t and c he provides and they don't object to his t and c laid out, he charges them for breaching the t and c. No, this is not me trying to wiggle out of debt in the past 6 months have paid off my small credit card debt, settled all other charges disputes, cancelled all my credit cards and now live debt free, bill free bar moby phone bill and mortgage free. Student loans are dirty and this purely down to refusing to pay on principle and on perfectly legal grounds.

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Hi

 

Advise them you wish to make an official complaint and ask for their complaint procedures - when you have exhausted their complaints procedure to no satisfaction, they must advise you of their governing body so that you can seek further redress if you wish to.


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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well, i don't have a complaint as such. I am trying to resolve a dispute with my account. Frankly, i cannot see why their complaint procedure is my only path of redress. I accept that i have a contract with them however, they are failing to meet their obligations under the contract. Why should only one party be able to penalise for not meeting obligations? In my view, they are commiting an offence under the cca 1974 by failing to produce a legible agreement, i require a review of the agreement as i know it contains a clause dealing with age which will affect me soon. They are also in breach of the dpa 1998 by passing on my data to a third party without my consent. And in breach of the cca 1974 by trying to enforce an agreement via a third party whilst they are in default. I've explained this to them and sent them a notice along with my fee schedule. Everytime they try to enforce the agreement whilst still in default i send them a notice reminding them of the position and send them a bill for £50. Everytime smith and lawson contact me trying to enforce the agreement whilst student loans are still in default i send student loans another notice reminding them of the position and bill them for £100. It is me saying i would appreciate them fulfilling their obligations of their contract before we can resolve the rest of the account. These are reasonable requests. They have written me a two page letter saying how they 'feel' they have met their obligations under the cca 1974 and have not contested my terms and conditions and fee schedule. Therefore, they have now acquiesed to my terms and are bound by them. It is my understanding in scots law that contracts can be made and enforced by acquiescence.

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when was the last deferment?

 

ida x


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january. Why's that?

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january. Why's that?

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jsut that if no acknowlegement of the old style loans can become statute barred.

 

ida x


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Students - The Consumer Forums

 

you may find more info on this forum

 

ida x


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You will be please to learn that the SLC's complaints proceedure is NOT the only way to resolve problems is that what they told you?

 

Her Majesty's Courts Service would be delighted to help you.

 

You can get the charges removed/paid back to you in exactly the same way as credit card charges. :)

 

I did- clicky on this link and follow the same steps as I did.

 

http://www.consumeractiongroup.co.uk/forum/students/78206-noomill-student-loan-company.html

 

If the "debt" they are bleating about is made of the letter charges, you will beat them very easily- dont forget to add say, £10 for each letter you've written (and will subsequently write to them) about this matter, to your eventual claim.

 

They wont go to Court to defend themselves either, they know they are in the wrong.

 

They will remove all the £20 letter charges once you have your boot on their throat.

 

To find out how, clicky the link above. Dont bother writing to them, arguing the toss again.

 

Just send them a 7 day letter before action, then file your claim.

 

You can use my Particulars if you like- they are in that thread. Just alter them to suit your own details. :-)

 

I am presuming you know the dates of all the letter charges?

Edited by noomill060

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PARTICULARS OF CLAIM

 

 

1. The Applicant hasan account xxxxxxxxxx("the Account") with the Respondent which was opened on or around January xxxx

 

2. During the period in which the Account has beenoperating, the Respondent debited numerous charges to the Account in respect of purported breaches of contract on the part of the Applicant and also charged interest on the charges once applied. The Applicant understands that the Respondent contends that the charges were debited in accordance with the terms of the contract between itself and the Applicant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Applicant contends that:

 

a) The charges debited to the Account are punitive in nature and are intended to hold the Applicant in terroreum; are not a genuine pre-estimate of cost incurred by the Respondent ; exceed any alleged actual loss to the Respondent in respect of any breaches of contract on the part of the Applicant; and are not intended to represent or be related to any alleged actual loss, but instead unduly enrich the Respondent which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Respondent to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the Common Law.

5) Accordingly the Applicant claims:

 

a) the removal of the amounts debited to the Account in respect of unlawful charges in the sum of £xxx.

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 1984 as set out on the attached list of charges, or at such rate and for such periods as the court deems just.

6). The Applicant asks the Court to order that the Chief Executive Officer of the Respondent, Student Loans Company Limited, do write to the Applicant within 14 days, concurring that in levying these disproportionate charges, the Student Loans Company Limited erred in law and confirm that future arrears letters to all customers of the Student Loans Company Limited will be charged at no more than the actual cost to the Student Loans Company Limited, as required by Statute, Case law and consumer directives. (continued)

 

 

 

7). Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

 

Date:

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