The SLC strike out again and I have to pay

[spoonfeeder]

Hello all, I found this forum through surfing after yet another chain or chaotic events caused by the SLC, and I was hoping for some advice because I am now officially at the end of my rope. Not only am I suffering from depression about this, my marriage is suffering and my whole life seems to be falling apart. I’m sorry if this sounds a little over dramatic for the sum in question but this has been going on for some years and I really don’t know what to do. I have been told that I have no rights in this matter because this problem has been caused by me. I have sought advice from the FSA and they said they couldn’t help me. Please can someone offer me a little hope, or put me out of my misery telling me that I just have to live with it.

 

In March of 2007 my purchase on a property fell through and my wife and I were forced to spend until August living in a hotel until we could find a new home. Right at the very start of the hotel experience, I called the SLC to advise of the situation and to inform of a new and temporary correspondence address. The young lady that I spoke with mentioned that my account was in arrears by £300. This was my mistake. I have a 1yr loan taken out in 1996 and a 3yr loan taken out in 2002. I had incorrectly made the assumption that the deductions from my wage were for both loans. I paid the arrears with my card and asked for a deferment form to be sent to my new address. This was agreed and I eagerly awaited the mail. Nothing came. Around two weeks after this conversation I called again to chase and I was told that they didn’t understand why the form had not reached me and a further promise to send a form out was made. After awaiting another two weeks and still receiving nothing, I managed to get a rather old blank form from my Mum who had managed to store one in my box of belongings at home. I photo copied it several times, filled in one copy and mailed it off to the SLC. On August 5th of the same year, we finally moved into our new home and I called the SLC with the new address. There was no challenges, no conversation that suggested to me that there were problems with my account. In fact, I heard nothing at all. Not a sausage. I continued to send deferment forms off each April like a good little boy to ensure that my deferment was kept up as I had never reached the payment threshold.

 

All was quiet until October of 2009 where letters and phone calls started pouring in from hired guns and collection agents. Each time they called me asking for stupid amounts of money for student loan payment default arrears in the region of £900ish. Each time I explained that there must be a problem because I had differed. Each time the agent went away to query this with the SLC and they never came back, only to find that some weeks later, the SLC had hired another company to collect on the debt. I tried calling the SLC myself and all they would tell me at this stage is that my file had been forwarded to an independent collections company and that they were not able to discuss the details of the case with me.

 

In December, I received another call from a very understanding person from a company in Sheffield, he listened to me and took notice, he challenged with SLC with what I had said and waited for a reply which took several weeks. In the interim, he did probe and try and get me to make a payment arrangement, but I held solid until the SLC had gotten back to me. The feedback results were devastating. According to the SLC, they had not received any of my deferment forms for the past few years and that the outstanding balance of the arrears was almost as much as the student loan itself. I asked how this had happened, and they told me that it was my responsibility to make sure that the deferment forms had reached their destination. I asked why this problem had not been brought to my attention earlier, to which their response was “It is not our responsibility to advise you of your current financial situation”, or something to the tune. I was then told that the SLC have given the collections company full authority to collect the debt. I was told by the agent that I had options. Either pay the debt in full or may a payment arrangement. There was no way in hell that I was able to hand over that amount of money so an agreement was made to pay £40 each month directly to the collections agency. This was set up and a payment was never missed. a few months later I received a letter from the SLC stating their intentions to make known my debt to the the likes of Experian because of payment defaulting on the agreement. I called them and they told me that they had taken the debt back and that I was not paying them. The funny thing is that nobody had the decency to tell me about the change. I had been making payments to the wrong company due to someone’s administrational error and I was about to get screwed for it. Luckily, the SLC were able to trace the payments from the collections agency and all was sort of well. I tried to speak with the people at the SLC about my account because they had taken it back onboard and I was treated with general contempt. Nobody was willing to listen to me and trying to discuss the situation was like hitting myself over the head with a hammer because all they would say is that this is my fault, and that in no way were they responsible and that legally speaking they were in the right.

 

I sent a long and detailed letter to the complaints department of the SLC and the reply i received apologies that I felt mistreated and nothing really more. Unsatisfied I leaded my case with the FSA who told me that the SLC falls outside of their jurisdiction. I was left high and dry and paying back a £900ish debt which should have never happened.

I am out of a job at the moment and my deferment has been carried out again. I have been told that all correspondence with the SLC should be sent recorded delivery which has been done. I tracked my letter with deferment form using the Royal mail tracker to confirm at all of the information made it to the SLC at least a week before the deadline. In late June I received a call from a SLC agent to advise me that my deferment was late and that I have to pay another £36ish. I challenged this and explained on which day the SLC had received my information. Her reply was that it had not been processed until today so the charge stands. I laughed, told her to take me to court for it and hung up. The next letter I received from the SLC was in reference to the fact that I had missed some information on my deferment.

Last Saturday I received a letter from another debt collection agency called Smith Lawson and Company. This letter was a final demand for £670 and some pence. I composed a very snotty email advising whoever it concerned that my agreement had been spewing out £40 each month begrudgingly since December and that I did not understand why I was being passed around the pillars by the SLC again. Today I received a call from a rather rude man who loved to speak over me. I have him on breach of DPA as he told my wife who he was, where he was calling from and in reference to what he was calling before anyone was cleared through DPA and according to him he confirmed that the call was being recorded so evidence is there. He also told me that the SLC had sent me four letters (they only sent one) and that I have to make another payment agreement. When I asked him to ensure that all correspondence to me is made in writing to create a paper trail to follow, and to ensure that each letter is sent recorded to ensure it reaches me, he kicked up a really big stink. He told me that making sure that all correspondence is in writing will only hurt me financial status in the long run, and that his company nor the SLC will ever send me anything by recorded delivery because they just don’t do it. I told him that he needed to start composing letters and I hung up on him.

I do have more accurate dates for the above information if anyone needs them. I don’t have evidence that I sent the deferment forms. The SLC cant seem to find any evidence of over half of the calls I have made to them about these issues, and therefore according to them it didn’t happen.

If anyone is able to help me please please please let me know. I have just qualified as a teacher and I am finding it impossible to get work at the moment. As I have said earlier, my health and my relationship with my wife are being damaged. Each time the SLC rears its ugly head my wife suffers.

[human.error]

This is a situation that the SLC create themselves 'losing forms' they've done it on me on numerous occasions, the 'lost' deferment form was exactly the same as yourself, I returned the form and had the receipt infront of me. I pointed out to the woman giving me a lecture that they had taken delivery of the form not more than 2 days ago, I even provided the signees name. A phone call a couple of days later admitted that like yourself, the letter had been accepted by the 'post room' and was delayed in being taken to that persons desk.

 

What's not apparent and you need to realise is that they 'collections agencies' that they give your cases too. Are infact IN the same building and are infact another 'face' of the SLC. Scott & Co Is one and obviously there are others. I'm still dealing with the slc as I constantly have to send back their deferment form every year without fail, they constantly 'lose' it and then I get charged for their inadequacy.

[bureaucrazy]

If they agreed to take £40 per month then they shouldn't be asking you for more unless the money is for something else. Do you have a copy of the terms of the agreement regarding the £40 plan? If it was agreed to settle the debt by this plan then they cannot go back and ask you for all the money upfront. If they agreed a plan with you then any further demands probably wouldn't stand up in court.

 

If only you had evidence of all your correspondence and copies of the deferment forms you sent previously you'd be ok. Unfortunately, without evidence, a court would believe them rather than you if it came down to an argument over whether you sent deferment forms or not. The only thing I can think of is to create a picture of SLC as a company who has a record of lying about not recieving forms and losing them, etc. To do this you should scour the forums for people with similar problems. If you can find enough cases where they have lost items sent by other people where there is proof of postage then a court may give you benefit of doubt. It's a long shot and will be difficult to contact the other complainers and get them to copy you their proof of postage and correspondence with SLC. Also, bear in mind that you had nothing to gain by failing to return your deferments so, you certainly had no motivation to do that.

 

Don't do anything by telephone EVER! Keep copies of all correspondsence along with proof of posting. Do you have legal expenses cover on your home insurance? If so, you can go to a solicitor and it will be paid by your insurer. Then sue them for harrassment. You can also try the financial ombudsman.

 

Just one question: If they did not get your deferrment forms, why did they not just start taking the money by direct debit instead of allowing it to build up? You'd have noticed as soon as they started taking installments and had the chance to get it deferred as it should have been.