Letter of Notice of Intent to Register Default from Thesis

[zootscoot]

A SAR is a request for info on a person so the account number should be irrelevant. Although a CCA request is for info on an account and therefore I would imagine the account number should be present. I'd wait and see if they query it.

[Matthew Hallswort]

Hi Physicsgraduate,

 

Just to add my tuppence worth. I've had a similar experience with the SLC and there buddies at NCO. NCO wouldn't accept my offer of £10 a month, (I'm a returning student with like £0 a week income). To cut a long story short, they started threatening to send a collector around, which worried me a bit. I then got in touch with the National Debtline and explained my situation and said that I was getting harrased by the DCA. He was a really helpful sympathetic guy and sent loads of really usefull info. One of which was a guidance document from the OFT regarding unfair business practices of DCA. I wrote the a letter detailing exactly what they were doing that could be construed as harrasment and they haven't got back to me in a while.

 

I found this which might help :

 

To __________

Dear Sir,

Account Number

Thank you for your letter/telephone call on ___________. I am very disappointed that we seem to be able to reach a satisfactory compromise in this case. As I have already explained I can only afford £_____ per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

You have stated in your correspondence your intention to commence proceedings in the county court against me. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the Civil Procedure Rules. You will be aware that the ‘Overriding Objectives’ underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in the cases not covered by an approved pre-action protocol, the court will expect the parties to “act reasonably…in trying to avoid the necessity for the start of proceedings.”

I suggest that your refusal to accept my offer could be viewed as unreasonable and I would ask the court to consider this matter with reference to the ‘Overriding Objectives’.

The offer of £______ per month is of course still open to you to accept

Yours Faithfully

 

Good luck

 

Matt

[noomill060]

Physicsg- How much of your arrears is made up of £20 charges?

[Giveitback]

Sorry to hijack too, but could you tell us more about the Overriding Objectives?

[physicsgraduate]

I have just returned from a couple of months in Holland. SmLC returned copies of my agreement on time unfortunately and this letter was shortly followed by a demand for full payment in 7 days. Nothing, however, happened there.

 

HOWEVER...... I was looking through the documents and as it transpires things may not be so bad. They have failed to send me copies of my 1990 agreement saying that it is no longer retained on their system! So I have 1991, 1992 and 1993, but NO 1990....

 

So far as i can see..... No contract for 1990! No DEBT for 1990!

 

My question is, can I now write to them saying that they are now legally required to drop the immediate demand for the debt from my failure to defer the entire loan for 1 year since they failed to supply the contract(s) in their entirety on time?

[physicsgraduate]

Sorry for kind of double posting this but I have neglected this for a month and a half due to being out of the country and i want to move fast on it. Can someone help with this issue please? It's from another thread..

 

http://www.consumeractiongroup.co.uk/forum/general-debt/52640-student-loans-company-problem.html

 

...but i felt it might be expedient to start a new one so it might get noticed by someone who can offer me advice.

 

I have just returned from a couple of months in Holland. SmLC returned copies of my agreement on time unfortunately and this letter was shortly followed by a demand for full payment in 7 days. Nothing, however, happened there.

 

HOWEVER...... I was looking through the documents and as it transpires things may not be so bad. They have failed to send me copies of my 1990 agreement saying that it is no longer retained on their system! So I have 1991, 1992 and 1993, but NO 1990....

 

So far as i can see..... No contract for 1990! No DEBT for 1990!

 

My question is, can I now write to them saying that they are now legally required to drop the immediate demand for the debt from my failure to defer the entire loan for 1 year since they failed to supply the contract(s) in their entirety on time?

[Erica_The_Penguin]

If you owe the student loans company arrears you should do a budget sheet. You will find ones on National Debtline website and Citizens Advice Bureau website. Work out your income and expenditure (roughly) and how much income you have left to pay creditors. Split the amount left to pay creditors by number of creditors.

 

You have to offer them the same amount each, otherwise they could claim you were not acting fairly (if the case ever came to court) also it is regarded as good practice. It is only fair and it stops creditors writing to you asking for the amount to be put up on the basis that you are paying someone else more.

 

Send them one of the letters off the National Debtline website - they have got letters for every circumstance e.g low income, lost job, illness etc. Also send your budget sheet. If you budget sheet says that £2.00 or £10.00 is all you can afford to pay, they have to accept it.

 

They can't take you to court because you have offered to pay. And if they did try to take you to court the case would be thrown out, as the court would also agree from looking at your budget sheet that that was all you could afford to pay. Plus the creditor would probably be told off by the court for not acting sympathetically to a debtor and wasting court time.

 

So in conclusion, make them an offer you think is reasonable, send them the budget sheet as the basis of your claim. Stick to you guns and don't be bullied into paying more than you can afford.

 

a) NEVER phone them as they are usually extremely rude on the phone (the student loan debt collectors that is) and you have no evidence of any verbal agreement made on the phone. Plus it is bad for your blood pressure. If they harass you report them to BT and they will investigate for you and block their number if necessary.

 

b) ALWAY send your post by 'signed for' mail (costs £1.00 more at the PO) otherwise their 'office dog' will eat it. Also file your proof of postage along with your letter otherwise you would have no evidence if they tried to take you to court. It's time consuming but it will help you to sleep well at night.

 

c) Always make them a reaonable offer, as long as you show you are willing to make a contribution to paying your debts however small, they cannot take you to court.

 

Hope that helps,

Erica

 

Oh and if you send deferal form send by 'signed for' too. You can guarantee they will 'lose' it and only have the courtesy to tell you three months later, when you owe them loads of money. Make a note in your diary when your deferals will always be due (every Nov?) this will save you hundreds of pounds in missed deferal months.

[physicsgraduate]

Thanks Erica,

 

BUT THIS IS NOT THE QUESTION I ASKED. I have already been informed of much of the information you gave. Please read the full thread, or the last post. What I asked was this.

 

 

I have just returned from a couple of months in Holland. SmLC returned copies of my agreement on time unfortunately and this letter was shortly followed by a demand for full payment in 7 days. Nothing, however, happened there.

 

HOWEVER...... I was looking through the documents and as it transpires things may not be so bad. They have failed to send me copies of my 1990 agreement saying that it is no longer retained on their system! So I have 1991, 1992 and 1993, but NO 1990....

 

So far as i can see..... No contract for 1990! No DEBT for 1990!

 

My question is, can I now write to them saying that they are now legally required to drop the immediate demand for the debt from my failure to defer the entire loan for 1 year since they failed to supply the contract(s) in their entirety on time?

 

PG

[physicsgraduate]

Can someone help me with this small detail? If a DCA fails to return requested copies within a certain time they have to drop the debt as its illegal. SmLC have returned most of my documents but some are missing. Do I still have a case for getting the debt dropped?

 

I have just returned from a couple of months in Holland. SmLC returned copies of my agreement on time unfortunately and this letter was shortly followed by a demand for full payment in 7 days. Nothing, however, happened there.

 

HOWEVER...... I was looking through the documents and as it transpires things may not be so bad. They have failed to send me copies of my 1990 agreement saying that it is no longer retained on their system! So I have 1991, 1992 and 1993, but NO 1990....

 

So far as i can see..... No contract for 1990! No DEBT for 1990!

 

My question is, can I now write to them saying that they are now legally required to drop the immediate demand for the debt from my failure to defer the entire loan for 1 year since they failed to supply the contract(s) in their entirety on time?

 

PG

[Gingerheid]

Hmm... are student loans regulated by the Consumer Credit Act?

 

If they aren't I don't think this line will wash.

[physicsgraduate]

As far as I am aware- according to what people are saying in here -they are if your contract with them is pre-1998. That means my contract is covered. Do you think I can get them to drop it now as technically I think they have broken the law by failing to provide the first year contract, which as it happens was also the contract number quoted in the letter(s) they have sent demanding payment.

[Gingerheid]

You're right; they do seem to be.

 

I'm wondering how they would play this ... if they routinely destroy documents ... as that letter would seem to suggest they do

[physicsgraduate]

Well I am going to give it a shot anyway and send the letter soon, if I am wrong it doesn't matter. But I think I am right, I must be. If you take four separate loans, in four successive years, with difference reference numbers, and the debtor loses 1 then they can only legally hold you to account for the other three, surely.

 

The only thing I can think of is the other three could still count as a failure to defer and I could still be held to account for paying those, only the letter of demand which came with it had the first contract reference number, the one they no longer have. At worst i think I should at least get the monthly repayment amount (backdated and in the future) reduced by a proportionate amount.

 

Can someone offer me any advice on this before i send the letter?

[physicsgraduate]

Everyone back from their Easter holidays now? Can someone help me with this?

 

If a DCA fails to return requested copies within a certain time they have to drop the debt as its illegal. SmLC have returned most of my documents but some are missing. Do I still have a case for getting the debt dropped?

 

I have just returned from a couple of months in Holland. SmLC returned copies of my agreement on time unfortunately and this letter was shortly followed by a demand for full payment in 7 days. Nothing, however, happened there.

 

HOWEVER...... I was looking through the documents and as it transpires things may not be so bad. They have failed to send me copies of my 1990 agreement saying that it is no longer retained on their system! So I have 1991, 1992 and 1993, but NO 1990....

 

So far as i can see..... No contract for 1990! No DEBT for 1990!

 

My question is, can I now write to them saying that they are now legally required to drop the immediate demand for the debt from my failure to defer the entire loan for 1 year since they failed to supply the contract(s) in their entirety on time?

 

PG

[physicsgraduate]

Well its kind of like one big debt, but there are four separate contract. The one they no longer have is the first one. regardless of whether the latter three support the first its still incomplete.

[Zimmie]

Hi again, I just read your other thread and now realise its student loans. Well from the dates you mention (same time as my SLs) they were at the time covered by The Consumer Credit Act, seems that as from 1998 they are not!

In my humble opinion..only the agreement they can't provide is unenforcable, as from what I remember each loan is a separate agreement. I tried to find my own SL docs out, but I think I binned them during a clear out!

I don't know what to advise as to your next step...but I'm sure someone will.

 

Just a point...but Student Loans are from the government..isn't it nice to know that they are quite happy to set the bullyboys on people!!

 

Good luck,

Zim

[physicsgraduate]

Yeah they just sent an 81 year old woman to prison for 3 months today, that's how caring our government is.

 

i sort of hoped that wouldn't be the case, is there any harm in trying to get them to drop the debt, do i have anything to lose?

 

At the very least i should be able to get the amount i owe reduced by a proportionate amount, ie ~25%.

[Zimmie]

Well I don't think there is any harm in trying, and as you say you may get a Full & Final settlement at a reduced rate. So I'd go for it.

Good luck

[sequenci]

Well from the dates you mention (same time as my SLs) they were at the time covered by The Consumer Credit Act, seems that as from 1998 they are not!/quote]

 

the mentioned agreements here are pre-98 and by virtue, regulated.

[physicsgraduate]

Thank Sequenci, but that was already established a while ago. My question is related to whether or not they are breaking the law if they fail to return copies of ALL the documents I signed.

[emmaf01]

If they haven't got the loan agreement for 1990, then as the 1990 loan is covered by the CCA, the debt will be unenforceable. For advice on this, try the Consumer Credit Agreements thread- they know what they are talking about, I am merely a novice on the subject!

 

Keep fighting!

[physicsgraduate]

Thanks Emma.

 

I recently spoke in a CCA specific thread with someone, they weren't 100% sure either, but they more or less said the same as you.

 

It's a question of what to do next. Someone suggested lodging a formal complaint with some organisation, I can't remember what. I'm disspointed that people are saying I can no longer get the debt instantly wiped as some people previously have said a lot in similar threads.

 

Main thing is I am not really worried that much about it and feel confident that it would get thrown out of court if it went that far.

 

I just wish I had some way to put an end to this as I find all this legal stuff really interferes with my zen.

 

Nice to see a student loan specific forum, are we anticipating more of this stuff in the coming years?

 

PG

[CAGisforME]

Hi PG

 

(Am also pleased to see a specific thread for all things SLC etc)

 

Anyway, as you had a loan in 1990 and 1991 are these not statute barred now (ie 6 years old or more) - therefore unenforceable?

 

I have had similar battles with these leeches and they infuriate folk at every turn, especially when they set deadlines that are ridiculous and hassle you on the phone etc.

 

I have tried to read the whole thread but have to admit i find huge blocks of texts hard to follow, so forgive me if I have got anything wrong.

 

If you have SAR'd them you should have the agreements and the statements of payments made on each account. If you haven't already you need to defer from now on (presuming you are under the threshold) then you need to go about demanding the unlawful and unfair charges and fees that they have no doubt levied on the accounts.

 

You could write and tell them that until this is sorted and you have an ACTUAL amount properly confirmed in writing that you owe, then you could not sensibly offer a payment, as you don't know what the debt figure is.

 

I know from my own battles with them that the only way they will write off the debt is if you can prove that you are permanently and totally unable to work again for the rest of your life. Otherwise the best you can hope for is a 3 year deferment on disability grounds.

 

However you can, if you are tenacious and bullish with them, get them to refund the charges etc and give you a better idea of where you stand.

 

Good luck

[physicsgraduate]

Can someone please help me urgently with some advice, I have sort of neglected this case, obviously hoping it would go away.

I've paid some money to them so far, but not for a couple of months. I am really fed up with this,

as far as I am concerned this is a stealth tax I should not have to pay, since the government should have supported me during my summer breaks at university.

Since I left university and started working, I am not working now I am on the dole!,

the government have used the tax I have paid to, amongst other things, wage illegal wars in the middle east.

In light of that I simply will not stand for this kind of harassment, and I am considering doing a runner to Europe again

and staying there just to avoid this as SLC seem totally unwilling to deal with this case in a reasonable manner.

I have no faith in this country anymore, its just one government or capitalist organisation after another trying to rob you of your livelyhood,

so I am just thinking sod them all!

 

In a snotty letter dated 03/05/07, which I just received today, 07/05/07, from H L LEGAL Solicitors in association with SAMPSON & Co.

 

*****************************

 

Quoting reference number of loan contract that Smith Lawson & Co failed to supply.

 

We act for CapQuest Debt Recovery Limited in relation to the above outsatanding account.

TAKE NOTICE: That if you fail to repay this account by 09 May 07, a legal review will be initiated and one of the following actions will take effect:

 

1. Immediate legal proceedings: Costs of £150.00 will be added making the amount due £xxx.xx. Daily interest may also apply.

2. A personal visit will be made to your property by an Agent to establish details regarding your personal circumstances and to ascertain if you have any assets on which to levy.

 

In order to prevent this action you will need to take one of the following actions:

 

Pay this account in full immediately by one of the follwing methods:

 

 

Or:

 

Telephone the CapQuest Legal Team on: 0870 xxxxxxx to discuss this matter further by 09 May 07.

 

Should you fail to pay this account or make immediate contact then this matter will take its course, which will inevitably increase your indebtedness.

 

We trust you will act now to clear this account.

 

*********************

 

Can I take this as harassment?

 

As I have already explained I requested copies under the CCA 1978 and they sent copies on time, only the original 1990 contract was missing.

As far as I am aware this debt is therefore unenforcable until they produce this document.

Can someone suggest what the next course of action I should take please?

pg

[physicsgraduate]

What about this for a letter?

 

In reply to H L LEGAL

Re: Ref

Further to your letter dated 3 May 2007, which I received this afternoon on 8 May 2007 demanding full payment of the sum £***.** to The Student Loans Company Ltd by 9 May 2007 to avoid legal proceedings, please be advised that I do not recognise any debt to the Student Loans Company Ltd, other than the amount which I have outstanding to them and is currently in deferment.

 

I wrote to Smith, Lawson & Co requesting a true copy of the signed agreement under the terms of s.77(1) of the Consumer Credit Act 1974 (As Amended). To this date they have failed to supply a copy of the 1990 agreement *************, and the copies of the subsequent agreements 1991 to 1993 I received were illegible. I have therefore not yet been provided with a complete signed agreement under the consumer credit act and I therefore do not acknowledge this debt of £***.** to the Student Loans Company

in light of this, I will not be making any further payments against this "debt" as it is unenforceable. I also believe that Smith, Lawson & Co may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

 

As I believe that they may have broken the law this will result in a report being submitted to the relevant statutory authorities, as well as a letter in writing to Smith, Lawson & Co explaining that the reason I have not dealt with this matter until now is because I have been suffering from depression.

 

Please acknowledge that you have received this letter and that you recognise that I have no liability to yourselves.

 

 

Yours sincerely