Hello from Ireland, Student Loan Dilema & Link Financial have lead me here.

[WarrenBuffet]

Cheers Andy, i will write the letter today.

[WarrenBuffet]

As recommended 'Account in dispute' letter sent yesterday with signed for delivery.

 

Cost: £1.70 Signed for delivery

[WarrenBuffet]

Update:

 

On 19th Dec 2013, i sent a complaint letter that was signed for on 23rd Dec ...happy Christmas link!

 

1.) I stated that link had failed to provide a signed contract between myself and them. ( I know that this is a waste of time as the CCJ has replaced any pre existing contract, but thought id send them the curve ball anyway to see if they understood the situation?)

 

2.) Complaint as regards CCJ reference as it had been rejected by CCBC.

 

3.) Complaint as regards contributions made as this represented a 'Misappropriation of payments'. Further, why had they being charging interest and continue to do so when they cannot provide the CCJ and the original contract states that interest is chargeable only when income threshold is reached.

 

On the 28th Dec i received a letter confirming receipt of complaint letter and then today 21st Jan 2014 i receive a letter entitled 'Holding Letter' stating 'At this time we are unable to resolve your complaint - as investigation is on going'

 

The problem for link is that tomorrow 22nd Jan is the due date for 30 day response, so any advice on what i should do next?

[AndyOrch]

I think you know the answer Warren

 

Andy

[WarrenBuffet]

Thanks Andy, i think i will respond tomorrow then. PS: A belated happy & prosperous new year to you Andy and all at CAG.

Edited January 21, 2014 by WarrenBuffet

[AndyOrch]

And the same to you and yours Warren.

[WarrenBuffet]

After the 'Holding Letter' asking for more time yesterday, this morning i received a 'Final Response' as below

 

' Dear Mr Buffet,

 

Thank you for your recent complaint.

 

Having investigated fully the contents of your complaint we see that we have not breached any of the guidelines that govern our organisation and its business practices and as such will not be taking any further action. A copy of our Complaints Review and conclusion form has been enclosed for your records.

 

If you are dissatisfied by our response you can contact the Credit Services Association, 2 Esh Plaza Sir Bobby Reason Way, Newcastle , or within 6 months of the date of this letter The Financial Ombudsman Service.

 

If we have not heard from you within 8 weeks, we will close our file accordingly.'

 

 

 

I will outline the complaints Review in next post but, do i just go ahead and send the 'I do not recognise this debt' letter?

[WarrenBuffet]

This is their respone verbatim...

 

' A summons was issued against you under claim no XT999999 on 14th Jan 2002.

Summons was issued by the Northampton County Court Bulk Processing Centre and the same was issued online.

We do not hold a paper copy of the judgement as the same would have been provided electronically.

 

Due to the age of the judgement the court may have achieved their records.

We have previously advised you that once your judgement balance of £4404.28

has been repaid in full we will arrange to close the account and mark as settled.

 

We confirm that interest on the account is charged on the account in accordance with the Credit agreement.

Interest is payable on the account continues to be applied to the account during any deferral period.

 

Under part 3 of the T&C's of the agreement Interest is payable both pre and post judgement.

We are unable to suspend interest on the account as your loan was granted under a Gov backed scheme.

The rate of interest is based upon the RPI and set annually.

 

Thesis Servicing is a trading style of Link that is used for servicing Student Loan accounts.

The SLC wrote to all customers at the address held on record whose servicing was to be transfered to Thesis Servicing in Aug 2008.

 

Payments have been made on the account from 05.06.2006 until the current date

and it is therefore nonsenensical that you would now dispute our handling the account.

 

We have not taken nor threatened to take enforcement action on the account

and will continue to accept monthly payments on the account dependant on affordability.

 

We have received no payments on the account since 1st Oct 2013

save for a £1 payment made pursuant to your Section 77/78 request.

 

We have sent you a Personal Budget Plan under seperate cover for you to complete

and return to our offices for a payment plan to be negotiated.

 

We do not believe we have breached the guidelines that govern our Organisation

and will therefore be taking no further action in relation to your complaint.'

 

**My blood is boiling with these people now and as Andy hinted earlier

they are not aware that the original agreement is null and void

and their failure to provide CCJ reference means that they don't know the judgement amount

and what debt it is that they are attempting to collect.

Edited January 22, 2014 by WarrenBuffet

[dx100uk]

i'll pop in later

 

my quick thoughts...

 

no PROOF of a CCJ was even ..GOT or Enforced

 

AFAIK theres no clause in pre 98 agreements about pre or post interest either.

 

else PLink would have pulled this stunt before

 

dx

[WarrenBuffet]

Hi dx and a belatted happy & prosperous new year to you also. I do find it strange that they send a Holding Letter the day before the 30 day response was due to expire and then panic and send me this garbage on the due date which is a day later?

 

They chose to ignore the 'Misappropriation of Funds' complaint and the above reasoning for their argument 'Nonsensical' shows that it was handled by someone who clearly did not understand the complaint as they fell for the curve ball i set which was the original contract when this was made void by the CCJ and they argue that the £4400 odd was the judgement and they can't find the judgement.

 

I even asked them for the 'Notice of Judgement' which was also completely ignored.

My exact wording in my Section 10 notice was as follows...

 

'Finally, can you please give your reasoning for charging compounded interest on this account when you are not aware of any 'Notice of Judgement' as would have been provided with the CCJ ?

 

One other thing! .. In their opening line of their review of my Section 10 complaint they state...

"A summons was issued against you under Claim number XT999999on 14th Jan 2002. The summons was issued by Northampton CCBC"

This is nonsense as this is the court action taken in London to establish my earnings etc when i was living in USA! They are quoting the CCJ (Northampton) with the London action to ascertain my earnings, i clearly told them in the section 10 notice that a CCJ would be two numbers followed by two letters and then five further numbers and not six as in the XT999999 reference they provided, it should be something like 02XT99999

 

I feel that i am bashing my head against a brick wall with th

ese clowns and just want to tell them to jog on now as i have tried to be reasonable and they have simply fobbed me off.

Edited January 22, 2014 by WarrenBuffet

[dx100uk]

easiest way now might be to stop payments

 

then let this all goto court

 

where they WILL have to prove the CCJ

 

and proof of post judgemental interest from the T&C's

 

which without a copy of the org judgement

 

will be darned near impossible!!

 

dx

[WarrenBuffet]

Thanks dx, so do i just ignore them now and wait three yrs odd before they start the nonsense again or do i send them a 'I do not acknowledge this debt' take me to court please!

[dx100uk]

that's my take on it

ignore totally send nowt

 

however let andy and others have a say...

 

dx

[WarrenBuffet]

OK thanks mate.

[WarrenBuffet]

I have been mulling over whether i should attempt to speed things along and ask Link for all my payments back,

and threatening them with the small claims courts as they are not in posession of the CCJ

and its 'Notice of Judgement' therefore i have been paying them without due reason?

 

Im not in anyway legally qualified and i have found in previous experience that the Law can be very confusing to anyone without a Legal mindset.

 

if i do this i will be leading link by the nose as to the 'Misappropriation of Payment' complaint which they obviously have failed to understand yet.

[AndyOrch]

Well you need either a copy of the judgment or a copy of the T&Cs.

 

Here is a letter for your perusal you will need to edit it to suit..its a legal request for disclosure..in particular interest applied to a debt.See what you can do with it.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

Combined CPR 31.12 and CPR 16.4(2) Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county courticon. I confirm having returned my Acknowledgement of Service form to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1 the agreement giving rise to the obligation to (Insert Creditor) for the credit advanced. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the deed or other instrument of assignment by which you / the Claimant acquired rights under the agreement disclosed by you under [1] above.

 

3 the default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above.

 

Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2)

 

4 Under CPR 16.4(2)(a)(i) please now state whether the claim to £7xx.xx includes a claim for interest under the agreement disclosed under [1] above and if so,

 

5 Under CPR 16.4(2)(b) specify the amount of that interest, and

 

6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively

 

7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated.

 

8 Of the interest amounting to £2xx.xx claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claimsicon track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.12 request.

 

You should also ensure compliance with your CPR 16 duties and likewise ensure that the particular regarding interest are fully provided to and received by me within 7 days of receiving this letter.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

 

If you are unable to comply with that part of this request concerned with CPR 31 and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with any part of this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

 

Yours faithfully

[WarrenBuffet]

Many thanks Andy.

[WarrenBuffet]

Today i managed to dig out a copy of the original loans T&C's from SLC

and the section 3 that they refer to as justification for charging interest on the account.

 

' 3. Interest

 

The loan will bear interest at such rates as from time to time may be prescribed in applicable regulations

being such rates as appears to the Secretary of State (and, in Northern Ireland, the Dept for Education and Employment )

to be requisite for maintaining the value of that amount in real terms.

 

The current rate of interest so perscribed is set out overleaf and may be varied from time to time as mentioned overleaf.

 

Interest will be charged on the balance of the loan from time to time outstanding on a day to day basis (after as well as before demand or judgement).

That interest will form part of your debt to us and will be shown on your account with us by being debited monthly.

 

All interest accrued will be added to the loan each month and will itself bear interest from time to time.'

 

This is their justification for charging interest, is this correct?

 

PS: I am in the process of preparing Andy's letter above and will post my proposed letter here first for sound advice as always.

[AndyOrch]

So its not post judgment and is the rate set out overleaf?

[WarrenBuffet]

Have also dug out a statement from the SLC and they have been charging interest!?

 

Am i incorrect in thinking that interest is not chargeable on Pre98 loans until the income threshold was reached?

 

The snap shot below shows interest being charged from day dot by the SLC even while i was still studying!

 

16/06/93 Loan Advance £715.00

12/07/93 Interest 1.95

10/08/93 Interest 2.18

10/09/93 Interest 1.87

11/10/93 Interest 0.73

10/11/93 Interest 0.71

10/12/93 Interest 0.71

10/01/94 Interest 0.73

31/01/94 Loan Advance £585.00

10/02/94 Interest 0.93

 

 

........... and so on.

[WarrenBuffet]

Hi Andy, sorry i missed your post as i was in the process of preparing the post showing that the SLC were charging interest from day dot.

 

The overleaf i do not have as it was not provided and

as a result Link will also not have it

but will be charging that annual rate as set for all to see,

ie they are currently charging me the current rate chargeable on student Loans?

 

Im confused!

 

 

Ok, after i few confused mins thinking do i just slap them in the face and tell them that the original contract is now unenforceable

as it has been superseded by the CCJ and as they can't find it they can 'Eat my Shorts' in a Bart Simpson style.?

Edited January 23, 2014 by WarrenBuffet
Confused thoughts

[WarrenBuffet]

Have had another look and the 'Overleaf' must be the details of my loan application with my signature and loan amount.

This is a very poor photocopy and the details are for my June 93 loan application for £715.

 

Rate of interest per day: 0.010498566%

APR : 3.9%

 

Below this it states 60 monthly payments etc as repayment and in the small box below that it clearly states about deferments

currently regulation provides for deferment if Gross income does not exceed £1,150 per month..

I find the rest of the detail very difficult to read due to the poor copy quality.

 

NB* These details are from my original loans as no-one knows anything as regards 'Notice of Judgement'

which made this void due to CCJ being the agreement that i dont have ,

SLC can't find and Plink dont have nor understand its significance!

[AndyOrch]

Yes the judgment does replace the agreement but it still incorporated the terms and conditions of the agreement...the Notice of Judgment IE the N24 will or should state that interest is applicable if within the terms and condition of the agreement.

 

Having re read your post it does state " Interest will be charged on the balance of the loan from time to time outstanding on a day to day basis (after as well as before demand or judgement).

 

So be careful.

[WarrenBuffet]

Ok thanks Andy, Im abit confused as i was of the understanding that interest was not chargeable on pre98loans until payments begin ie: Income threshold had been reached.

[AndyOrch]

That may well be true Warren...Im not that red hot on Student Loans apart from the legal process.