Has the SLC actually ever taken anyone to court?

[bambiissimon]

I apologise if this topic has been covered - I have searched this forum, but there are so many issues concerning the SLC, I couldn't review them all!

My wife has had several issues with the Student Loans Company, the latest of which now looks like it may go to court.

To summarise, the SLC claims never to have been notified that we changed address (I did notify them), and therefore the Deferment Application Forms were sent to the wrong address. My wife, therefore, did not claim for deferment, the loan became payable and arrears were accrued.

Six months later, the SLC wrote to us at our new address (I don’t know how they found this out, because I don’t think we were on the electoral role by then), informing us of the arrears (just over £300) and requiring immediate payment.

The very familiar saga of letters, additional charges, Smith Lawson and then a real debt collection agency followed, which has been well documented on these boards, so I won’t bore you with the details.

Now, however, my wife has received a letter from “Banner Jones Solicitors” saying they are now preparing the case for legal action.

I am confident we will win - I have discussed this with a magistrate that I know - but would still appreciate some more advice.

Has the SLC actually ever taken anyone to court? Does anyone have any experience of this and what was the result?

Also, has anyone taken the SLC to court for harassment? What was the outcome?

Thank you for any advice.

[Guest Old_andrew2018]

Bump

[bambiissimon]

Here's a letter that I sent today - I will keep you up-to-date with what happens.

 

Letter Before Action

Loan Account Numbers xxxxxxxxxxx & xxxxxxxxxxx

I refer to the accounts with the above reference number, which you claim have outstanding arrears.

I have written to you on a number of occasions concerning the issues that have arisen. I have kept you fully advised in a timely fashion of my circumstances and the facts in this case. This matter has occurred due to an error in the administration of my account; there are no arrears outstanding.

I am familiar with the CPUTR 2008 and the Office of Fair Trading's (OFT) ‘Guidance on Debt Collection’. I point out that the OFT say under this Guidance, it is unfair to pursue third parties for payment when they are not liable. Furthermore, in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Moreover, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

At the time of writing, there are three organisations (Banner Jones, Close Credit Management and Smith Lawson & Co) simultaneously claiming to be acting on your behalf and insisting on an immediate payment.

I am of the view that your continued harassment puts you in breach of Section 40 of the Administration of Justice Act 1970 and the Protection from Harassment Act 1997 and am, therefore, preparing legal action against you and will be issuing a county court claim.

Official documents will be sent to you in due course. If you wish to avoid this action, then you must write to me within 14 days to state that all arrears and charges have been removed from my accounts and send up-to-date statements as confirmation.

No further correspondence will be issued prior to commencement of legal action.

Yours faithfully,

[bambiissimon]

Here's a similar letter I have emailed (via their Website) to Close Credit Management, who have been particularly unpleasant in their phone calls.

 

Dear Sir/Madam

Your Ref: xxxxx, Student Loan Company Dispute with Mrs K Mitchinson

I refer to the accounts with the above reference number and the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

Your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading.

Furthermore, I have previously written to you concerning the issues that have arisen. This matter has occurred due to an error in the administration of my student loan accounts; there are no arrears outstanding. According to the CPUTR 2008 and the Office of Fair Trading's (OFT) ‘Guidance on Debt Collection’, it is unfair for you to pursue me for payment when I am not liable. Furthermore, in not ceasing collection activities whilst investigating this disputed debt you are using deceptive and unfair methods. Ignoring the fact that the debt is disputed, and continuing to make unjustified demands for payment, amounts to physical/psychological harassment.

I have today sent you a copy of my final letter to the Student Loans Company concerning my accounts and informing them I am preparing legal action against them and will be issuing a county court claim. Unless you cease collection activities immediately, including all phone calls, then I will issue a separate county court claim against you.

Yours faithfully,

[bambiissimon]

Close Credit Management telephoned twice today, so I now must follow up my threat to issue a county court claim against them.

 

Does anyone have any examples of similar situations and their outcomes?

 

What would be a reasonable amount to claim in compensation?

[bambiissimon]

Just to keep those who are interested up-to-date, I have filed a County Court claim against CCM for £1,000 for compensation for the distress caused by their harassment.

 

They have until 6th January 2010 to respond. I shall let you know what happens.

 

I have procrastinated about suing the Student Loans Company, because it is not so straightforward submitting a claim against them in Scotland when I am in England. I will do it soon though.

[bambiissimon]

It is now 7th January and CCM have not responded to the County Court Claim. I have therefore requested judgement by default!

 

I wonder if they will pay, or whether I will need to engage the services of a debt collection agency!

 

By the way, since the notice was served on CCM by the court, they have telephoned me quite a few times (yes, over the Christmas period), including last night - the final day for them to submit a defence.

[troggie]

HI there

 

new here and have just posted a new thread about SLC and the fact that I have just been told that arrears have to now be settled before my deferment date in Oct - the woman I spoke to said it was an order from the government...any ideas?

Thnx

Troggie

[bambiissimon]

Hi Troggie,

 

I've read the thread you started and have left you a message there.

[bambiissimon]

Victory!

 

I have just read on the "Money Claim Online" Website that the judgement I have requested against CCM has been issued and that CCM will be informed immediately.

 

I will let you know how smoothly the process of actually getting my compensation goes.

 

PS. I guess this means that the next time they telephone me, I can ask if they have called to make a payment!

Edited January 11, 2010 by bambiissimon

[bambiissimon]

Sorry - for those that aren't familiar with it, Money Claim Online (www.moneyclaim.gov.uk) is Her Majesty's Courts Service Internet based service for claimants and defendants.

[Giveitback]

excellent news!!

 

I think I might have to do something similar.

 

I'm back being chased by SLC again - it seems to go round in a cycle and has done for over 3 years. Interesting change of tack you've done there - might have do something similar, although I don't get calls, because I've made sure they don't get my number.

[bambiissimon]

Interesting you say things seem to go round in three-year cycles - that's what I'd noticed too.

 

When I moved house and changed telephone number, the SLC just looked me up and found my new number.

[noomill060]

Any word from CCM?

 

Do contact the court and let them know they continued to harrass you throughout the litigation period, This is called Attempt to Pervert the Course of Justice. Quote your court case number, and get a list of number of times they rang you, from BT.

 

Have they rung since judgement?

 

If they do, keep a note of times and dates and contact the Court each time.

 

On the Judgement, the name of the Judge will be stated. Write to this judge care of the Court quoting claim number and times dates of call. ;-)

Edited January 18, 2010 by noomill060

[bambiissimon]

Rather annoyingly, I have received a "Notice of Transfer of Proceedings" today, saying my "claim has been transferred to the Reading County Court for that court to deal with the defendant's application for setting the Judgement aside". (I don't know why this can happen after judgement has been issued, but obviously it can.)

 

I will keep this thread up-to-date with proceedings.

 

Thanks for your advice noomill060 - I have a record of all calls from CCM (date, time and what was said) and shall certainly bring it to the Court's attention. I didn't know that this constituted an Attempt to Pervert the Course of Justice. They haven't contacted us since judgement was issued.

[noomill060]

Interesting.

 

What does this letter say? What grounds are they claiming to have their judgement set aside?

 

There are very few grounds to ask for a set aside.

 

Can you scan the letter, after removing all personal details and case number etc?

[noomill060]

Contact the court straight away and ask what their grounds are and also tell them they continued to harrass after recieving notice of your legal action.

 

When is the setaside hearing date?

 

How much of the alleged £300 arrears are made up of £20 letter charges?

 

Have you started a claim for these unlawful charges to be removed?

 

When did you notify them of your change of address? Do you keep any evidence that you informed SLC?

 

I take it you have evidence of your wife's earnings to show she is entitled to defer?

Edited January 20, 2010 by noomill060

[noomill060]

He he- I bet they sht themselves when they discovered they had a judgement against them!

[bambiissimon]

This is the letter I received today:

 

 

I don't have any further information at the moment, but will post when I do.

 

To answer your other questions:

 

In terms of the actual alleged arrears, I have a record of how much is charges and will get them removed along with the arrears themselves.

 

I have accurate records of when the SLC was informed that we changed address.

 

The loan is deferred, but deferment wasn't back-dated to the start of the repayments, which has left arrears.

[noomill060]

Remove your wifes name!!!!!!!!!!!!!

[noomill060]

"In terms of the actual alleged arrears, I have a record of how much is charges and will get them removed along with the arrears themselves."

 

 

You will need to do this by means of legal action if SLC dont agree with you.

 

(They wont)

[noomill060]

Sit tight and see what drivel they come up with.

[bambiissimon]

Name removed - thanks!

 

My wife will phone the Court tomorrow to see if they will give us any more info (the claim is in her name), and then I'll pass that along. Otherwise, all we can do is wait.

[noomill060]

Ive just checked in my Small Claims guide.

 

It appears that the only grounds for setaside are if they didnt recieve notice or didnt recieve it in time to enter a defence.

 

They appear to be clutching at straws.

 

The judge may chuck out their application if their grounds are invalid and give a direction on how the case is to proceed.

[noomill060]

Keep us informed as to what the court says.

 

I'll check back tomorrow.