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Student loan over payment


Welshie1984
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I was ill over the Christmas period with a reoccuring health problem with my urinary tract. I attended uni up untill the 14 december or something around that, and handed in my one essay around that time.

 

We then had a 7 inches of snow in the first week i was meant to be back, so i emailed the tutor to let her know i couldnt even get out of my street, with no reply.

 

The next week i then fell ill with a kidney infection, and saw a consultant.

 

I received a letter from Council tax saying my tutor informed them i left my course on the 14th, and also the student loans company.

 

I received my Grant on the 5th Janurary, and spent it on books and a computer, i also repaired my car as it was on and off the road and wasnt too reliable.

 

I had every intention of going back to uni when my illness cleared up, and i handed in my essays on time, but it appears i got kicked out the same week i handed in a 3000 word essay, ridiculous!:|

 

I have today received a letter from the student loans company stating i must repay over £1600 in full for the over payment due to me withdrawing from the course on the 14??

 

any advice would be very appreciated, as i don't have a job yet as finding one seems to be near impossible:-x

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  • 1 month later...

Hello Welshie,

 

It sounds absolutely terrible how you have been treated by your university.

 

I am not aware of any university in the United Kingdom that has a statute in it’s association documents that would take a student out of the university on the grounds that you have described. Indeed, most universities are willing to move heaven and earth to keep you on a course.

 

It appears that the university believed that you had given up on the course when you have not. Did you take any action to remedy this situation? Also, it appears that you have been very badly treated by tutor who has lied to university with regard to your situation.

 

You may have remedies against the university for removing you from the course without following the due procedure.

 

In respect of the student loan, you are liable to pay back the £1600 in full as this is an over repayment and the conditions of the loan clearly state that her payment must be made in the circumstances. I’m sorry I do not have any better news for you in this regard.

 

In respect of repaying the amount, the Student Loans Company can be quite forceful when they want repayment of the amount. Therefore, I would suggest, that you write a letter to them stating the complete circumstances surrounding your ejection from the university and that you make clear that you are not in a position to make payment in full at this time.

 

You should offer them a reasonable amount that you can afford to be paid per month. I would stress, if you have no assets and their job, you also inform them of this in the letter. Also, when you’re writing the letter, I would suggest that you place a paragraph in there stating when your circumstances improve you will settle the debt in full. Do you not have any of the loan left over?

 

For the amount you owe the SLC, I cannot see them taking you to court, however you never know. If this does happen that you have various remedies available to you in terms of repaying the loan. The court will generally not ask or force you to pay an amount that you do not have and you will be allowed to pay in instalments, according to your means.

 

All the best of luck looking for a job and I hope things improve for you very soon!

Always seek professional legal advice and be careful of the cowboys.

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