What court would I need to take SLC or LEA too ?

[2ltr16valve]

Hi all,

 

Seeing as I am getting no where with the student loans company, my local education authority or even the Secretary of states office ! http://www.consumeractiongroup.co.uk/forum/legal-issues/227759-student-finance-local-education.html

 

What court would I need to summons them to if all else fails ? With the intent of having a judge make a decision if the debt stands, etc.

 

Many thanks

[palomino]

Why do you want to?

 

I would leave it to one of those to initiate court action, and then you can have your day in court without having to pay the fees up front.

 

But, to answer your question, it would be your local County Court. Find out the address here - Her Majesty's Courts Service - Court Information and Addresses.

[2ltr16valve]

Why do you want to?

 

I would leave it to one of those to initiate court action, and then you can have your day in court without having to pay the fees up front.

 

But, to answer your question, it would be your local County Court. Find out the address here - Her Majesty's Courts Service - Court Information and Addresses.

 

 

 

I need to someone of authority to enforce the Regulations regarding writing off a debt, its all in my thread I linked mate.

 

In short, the maladministration, incompetence and slackness of the LEA in processing my funding application has caused me to be assessed wrongly, this caused childcare to be paid and support grants etc.... I did not know this until after and in debt... the LEA are hiding behind the declaration on the forms which basicly says " I agree to repay any overpayment how so ever caused " ... !!! saying, yes its their fault but tough I signed I have to pay !

 

The Sec of states office seem to not care and refer me back to the LEA ! I pointed them to a section of the legislation

The Education (Student Support) Regulations 2009 No. 1555

115.—(1) An eligible student must, if so required by the Secretary of State, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(2) The Secretary of State must recover an overpayment of any grant for living and other costs unless the Secretary of State considers it is not appropriate to do so.

 

the bit in bold being the important part, I can not see how the Secretary of state can deem it appropriate in the case of the LEA being responsible ?

 

Yet get an email back from them saying, the Sec of state entrusts the power to the LEA to enact these regulations ?

 

Getting no where ! and do not want it to go to court for recovery etc... not the best course of action as they will just pass to a DCA ! or Bailiff !

[2ltr16valve]

Still fighting this.

 

Still havent found if I can summons the sec of state to court or not.

[caro]

Just read your other thread and wondered if you had contacted your local Councillor as suggested by Scarlet Pimpernel.

 

 

That is who the LEA have to answer to, so if the councillor says jump, the staff generally ask how high!

 

 

If you don't get an acceptable answer then, you could go down the Ombudsman route.

 

 

I think you'd need expert legal advice about summonsing the sec of state, and obviously that would be expensive.

 

 

You could do a small claim up to the value of £10k with no risk of costs but I can't advise on the legislation you'd need to rely on.

 

 

Time is getting on though and if you don't do something soon you may be too late due to Statute of Limitations I suspect.

[2ltr16valve]

Just read your other thread and wondered if you had contacted your local Councillor as suggested by Scarlet Pimpernel. That is who the LEA have to answer to, so if the councillor says jump, the staff generally ask how high! If you don't get an acceptable answer then, you could go down the Ombudsman route. I think you'd need expert legal advice about summonsing the sec of state, and obviously that would be expensive. You could do a small claim up to the value of £10k with no risk of costs but I can't advise on the legislation you'd need to rely on. Time is getting on though and if you don't do something soon you may be too late due to Statute of Limitations I suspect.

 

 

I have contacted my mp (Margaret hodge) before who wrote letters to the then sec of state for business innovation and skills. Which was david lammy. We just got the fob off from BIS of the SLC has authority to write off overpayments as per the regs.

 

The regs I would rely on are http://www.legislation.gov.uk/uksi/2009/1555/contents/made

Section 115 (2)

 

I feel they should deem it not appropriate to do so, as it was maladministration by the lea.

 

I have tried seeking legal advise but every lawer Ive contacted runs a mile when I mention what's involved.

 

Very good point about SB ! Didn't think about that. Date is April 2009

So cutting it fine. Although, student loans don't become SB so does it apply ?

[caro]

I don't know if SB would apply as the money is still allegedly owed. I did read that your MP hadn't helped but that isn't your councillor. Good time to give it a go if you have local elections coming up.

[2ltr16valve]

I don't know if SB would apply as the money is still allegedly owed. I did read that your MP hadn't helped but that isn't your councillor. Good time to give it a go if you have local elections coming up.

 

 

Hi Caro

 

Thank you for your continued help.

My mp is labour, and our councillors are labour also ? So would she not be the one they would go too ?

 

I ask as I'm not very sure how politics works lol

[caro]

Makes no difference. MPs represent us in Westminster and councillors represent us at council level. Certainly MPs have more clout, but councillors still carry weight locally. The LEA is run by the council. In counties there are district and county councils, each with responsibility for different issues.

 

You can find the council responsible for your LEA here, and then find out who is your councillor. http://en.m.wikipedia.org/wiki/Local_education_authority

 

It's a long shot but you've got nothing to lose.

[2ltr16valve]

Makes no difference. MPs represent us in Westminster and councillors represent us at council level. Certainly MPs have more clout, but councillors still carry weight locally. The LEA is run by the council. In counties there are district and county councils, each with responsibility for different issues.

 

You can find the council responsible for your LEA here, and then find out who is your councillor. http://en.m.wikipedia.org/wiki/Local_education_authority

 

It's a long shot but you've got nothing to lose.

 

Problem Ive found before is. The LEA Just refer it back onto SLC/SFE, who in turn state it's not up to them it's up to LEA/sec of state - dependant on who you speak with or replies to the letter.

 

Just go round and round in circles !

[caro]

All I can suggest is that you sar both SLC and the LEA to see if you can unravel whose decision it was to make the overpayment.

[2ltr16valve]

All I can suggest is that you sar both SLC and the LEA to see if you can unravel whose decision it was to make the overpayment.

 

I know already, it was maladministration in the back office of the LEA.

At the time you had to fill in a paper application form, which was handed in and then inputted into the LEA's computer which was linked to SLC.

This is where the error occurred.

 

I was doing a nursing BSc course, funded by the NHS - meaning the tuition fees were paid as well as a bursary paid.

I later found out that this type of course only received limited funding from the SLC.

 

The LEA concerned imputed my course as a normal degree course, not a NHS course. Thus attracting full funding and support.

I accepted the funding which was offered, not knowing any different.

 

To be told later that they had made an error and I have to pay all the grants I'd received back as loans......

Grants I would not have taken had they been Loans in the first place.