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Tartan Barty

SLC think they can default me........GUESS AGAIN (some tips)

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Well I have been on a DMP for 4 years and then self-administered for the last 2 years (after finding CAG ;)). I have 4 student loans all pre-1998 CCA agreements. I have got copies of my agreements all are not signed by them and all are pretty much illedgible so I have no fear.

 

I have paid them evry month for 6 years but every 6 months the calls start to 'agree' a repayment plan. So in APril I get the 'we can default you' letter. I ring them up and ask them to provide evidence that I have agreed to let them share my data with a third party. They also want I&E before they will set up a repayment plan (never wanted before) so I tell them to send me the form and they agree to my offer for 2 months.

 

I then get a copy of a standard pre-1998 agreement with section 9 - Transfer of rights highlighted. Apparently this says they can share my info with 3rd parties.....yeah right!

 

The phone calls start about 3 weeks ago so last night I deceide to ring them (more to stop the good lady from moaning about the number of calls). The operative asks why I am calling and I say because you are calling me 2-3 times per day. She says its because your account is in arrears. Yeah no sh*t sherlock. Then she drops the bomb shell. 'Are you aware that you have been defaulted?'......what? I ask if she means they have registered a default with the CRA's....'oh yes we have'.

 

Right to make this shorter, some highlights of the conversation:

Me: Where does it say on the agreement I signed that you can share my data with a third party

Her: Section 9 - Transfer of rights

Me: So you have transfered my account to the CRA's have you?

Her: No we have the account (WTF)

Round 1 to me as I get put on hold

 

Her: This is Government loan they have changed the legislation so we can default you

Me: OK what exact legislation has been changed

Her: I don't know that but it has!

Round 2 to me as I get put on hold

 

Her: Section 12 of your agreement lets us analysise your data and ccrdit score you so that means we can default you

Me: Where does it say 3rd party?

Her: It doesn't (hummmmm)

Her: But its the same as a bank loan

Me: No it isn't they have a section in the t&c's specifcally for sharing data you don't

Round 3 to me as I get put on hold

 

Her: I don't think I can discuss this with you anymore as you don't want to listen

Me: Oh I am listening, it's just you haven't given me any credable reason why you are allowed to share my data with a 3rd party without my consent and against the Data Protection ACt.

Her: But the agreement is regulated by the CCA

Me: Ok which section covers sharing data with 3rd parties

Her: I don't know

Round 4 to me as I get put on hold

 

Now I get the team leader:

Me: Did you send me a default notice in the prescribed form allowing me 14 clear days to remedy any breach you allege?

Him: Yes

Me: and when was that?

Him 2004 (!!!!:eek:!!!)

Me: and have you got proof of delivery

Him of course not it was 5 years ago!

Me : Let me make this simple you remove the defaults or I take you to court.

Him: It is simple we sent you a letter in April saying we will default you if you don't pay the whole amount or come to an acceptable arrangement (BINGO)

Me: so when I sent my arrangement up in APril and you accepted it how does that not comply with your letter

Him: I don't know

Me: Well I suggest you remove the defaults immediately and confirm that in writing

Him: (desparately trying to find a reason not to) urmmmm yes everything looks to be in order so I will arrange that for you if you want to ring back to tomorrow

Me: No I want a letter

Him: OK

KO in Round 5

 

Argue merry hell if they try this on you. If you have an arrangement then tell them they are breaching their own letter. If you don't take them to court and see what they rely on.....fresh air.

 

Hope this helps some of you.

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excellent well done


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Let us know if they actually do remove them. Sounds like you did a number on the gits

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TBH I don't think they put anything on my file, they just said it to scare me. All my files are student loan default clean and these has never been a record from them on there. Never did get that letter......time for a phone call :D

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Thesis are trying this with me at the moment. They wrote threatening to default me unless I contacted them and agreed a reasonable arrangement. I offered £50 a month which they accepted and then said it wouldn't stop the "arrears being registered" with a CRA. They have now said I must repay the full amount within 6 months otherwise they will default me. Seems they've changed their mind since the Notice of Intention to Register Defaults came. I thought I complied with it.


[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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You have so hold them to it!!

 

They probably think because you have made an offer, they can get more out of you. Just push back. Quote the letter back to them and ask which part haven't you complied with

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Oh don't worry I intend to hold them to it. I'm been communicating with them via e-mail so far and they take a long time to reply so when i come back from my hols I intend to take this up with them via recorded mail instead and if they do default me I will be launching legal action against them. i don't even thing their "default notice" complied in any way with the CCA either.


[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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