SLC/Avantis and ESA

[Lula]

Hi All

 

My daughter had to leave uni just before the end of her first year (this was about 4-5 years ago) ,

 

 

since then, the SLC have harrassed her for an "overpayment " of her maintenance grant.

 

 

I have consistently told them that she is on benefits and has NO spare money each week.

 

 

Firstly they sold it on to Drydens and now Advantis.

 

One day, when she is well and working , she will be able to pay this, but , she is still on ESA, receiving help,

she is steadily getting better but still isnt ready to return to work and even if she was,

there is no way that she would be able to repay this money for a good few years,

I showed the first DCA copies of her ESA award and now I am having to deal with another one!

 

I have a few questions.

 

 

Is there a letter that I can use to get them off her back because if they harrass her, she will relapse and they will NEVER get their money.

 

Also, if the SLC sell the debt to a third party, doesnt it become a normal loan and thus can become statute barred?

 

thanks for your help.

[dx100uk]

I would suspect the letters from the DCA say 'our client' SLC?

 

 

none of the loans since 1998 have been sold on.

 

 

if this is the case simply IGNORE the DCA's there is NOTHING THEY CAN DO.

 

 

they ARE NOT BAILIFFS !!

 

 

dx

[Lula]

thanks DX, I heard somewhere that they are getting a bit cheeky, but even if they take her to court, she has nothing, owns nothing of value, and it on benefits.

[dx100uk]

they cant take her to court

 

 

only the owner of the debt can do that

 

 

and that's the SLC I assume from your post?

 

 

dx

[Lula]

Yes, SLC own it

[dx100uk]

then you totally ignore powerless DCA's

[Lula]

Right oh Boss

[reallymadwoman]

I'm fairly sure that in this situation SLC are obliged to consider writing off the debt - had to help one of mine who gave up uni to go on carer's allowance and they did write it off.

Off to search through old correspondence, hopefully will be back with something useful.

[reallymadwoman]

The paragraph from the independent assessor's report is :-

 

Where there has been an overpayment of grant because a student has withdrawn early from a course, the SLC’s letter requesting repayment should make clear that if the student has withdrawn for exceptional personal circumstances and can provide adequate evidence, the SLC may choose to exercise its discretion and not pursue repayment

 

I think illness is an exceptional personal circumstance - has it been made clear that they can choose to write off in these circumstances? If not, perhaps first a letter to SLC detailing the circumstances with evidence and asking them to call off their dogs might be in order. From experience, don't expect a reply, but you can then escalate as a complaint.

 

I'm looking for the bit of paper that quotes the exact regulation, though this would refer to 2009/10 and I know the regulations have changed since then. Might be quicker to have a search online.

[Lula]

hmmm I know this is a very old thread, but no letter from them has evermentioned this.

[reallymadwoman]

Which is why the complaint I helped with succeeded - the Ombudsman or Independent Case Examiner or whoever said SLC should have made it clear that repayment can be waived and in that particular case, SLC should have waived repayment.

 

Basically the person concerned finished their first year and fully intended to return but in late August/early September a family member became seriously ill and they had to take on caring instead. SLC consistently maintained that the student, presumably with the aid of their crystal ball, should have known they were not returning for the second year and not spent all their grant over the summer holiday. Stupidly, had they turned up for the first day back, no repayment would have been due anyway, therefore for anyone potentially in this situation, go back for day one, don't spend any of the new year's grants/loans, and then withdraw and return their money, problem solved!