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student loans CCAs unenforceable?


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I'm being chased by honours student loans for loans from 96-99 which I failed to keep deferring due to much moving of house and general madness.

Anyhoo, after ignoring their nasty letters for a while I CCA'd the data controller for Honours and they sent me the Credit agreements, but only one of them is co-signed on behalf of the SLC. I am under the impression this makes them unenforceable. But what exactly does that mean?

What should be my next step?

All I really want to do is get them to back off and let me defer some more, and get rid of the charges applied since.

Anyone know what unenforceable means, and what can be done about the unsigned CCA's? Don't fancy another 6 hours of trawling the forums...place is a maze!

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First off, I'm not entirely sure as to whether all your agreement are actually covered by the CCA. What do the agreements say with respect to this?

 

Unenforceable means that a creditor may not enforce any of the terms of the contract - repayment terms, interest etc.

 

The fact that these agreements aren't signed by SLC doesn't make them necessarily utterly unenforceable. They certainly seem improperly exectuted, and as such SLC would have to get an order of court to enforce them should you dig your heels in, but I would hazard that a court would enforce if you've signed them (and they contain the prescribed terms).

 

I'd imagine that knowing this will give you enough of an edge to negotiate effectively with them.

 

Rosie :)

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Definitely covered by the CCA as course started pre-1998, and they state on the agreement that they are.

I don't really want to go the court route as I'm sure they can get around not having a co-signature somehow. Just wanted some legal understanding before I talked to them or clashed swords.

I will probably SAR them now and see what charges have been applied. See if I can get them to return the charges and let me defer.

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