Student Loans Company/Smith Lawson & Company Recovery Se

[Ocelot0411]

Hi there

 

As you will see this is my first post on this site and I would like to begin by saying that I was somewhat relieved (whilst also slightly disturbed) to see that I am far from the only one having terrible problems with SLC/ Smith Lawson.

 

My issue is a slight variation on those shown above, but I would be grateful if anyone could advise me if they have had a similar problem and of course offer any advice on the matter.

 

My problem regards the deferment of my student loan for the last financial year (2005/2006) and I can confirm that I am currently repaying the loan from April 2006 onwards. To cut a very long story short the SLC refused to defer my loan as one of the wage slips which I sent in was above the monthly threshold for that year (due to a one off project for which I was paid overtime). When I sent in the deferment Application I also sent them my new address (which they conveniently "lost"). The next thing I heard from them was a letter from a debt collecting agency saying I owed over £700 in arrears. I have of course disputed this and thus far refused to pay the arrears as my annual earnings for the year in question were below the annual limit.

 

I have since had many unpleasant dealings with SLC regarding this matter both over the phone and via written correspondence, but I must confess I have now given up on calling them as they are extremely rude and aggressive and also every time I call I am told a completely different story.

 

From what I can ascertain so far, my case seems to revolve around the following issues;-

 

1) Deferment - is this a right if you earn below the limit or is this discretionary?

 

2) If discretionary at whose discretion is this and where are the rules for deferment in the original agreement?

 

3) The deferment limit - is this annual or monthly or does this depend on when you took out the loan (I am a pre - 98 borrower / victim)?

 

4) Does the fact that they claim to never have received my notification of change of address give them the right to refuse to defer my loan (the are arguing that until I receive written confirmation that the loan has been deferred that I am liable to pay it, even though I have never received this before)?

 

I must confess that this is now a matter of principle. I am sick and tired of going round in circles with these people and have been tempted to just pay the damned alleged arrears and have done with it, but I must say that other peoples' experiences which I have read on this site have inspired me to hold firm and not be bullied by these Charlatans.

 

Your help would be appreciated!

[emmaf01]

Deferment- from what the SLC have said to me, it is discretionary- HOWEVER I am currently trying to get info from them regarding my accounts, and I no longer know whether what I have previously been told by people there is necessarily the correct info. Sad but true.

If you provide the correct info for deferment- and if you have now given them the accurate info showing you are below the earnings threshold for deferment they have the ability (and obligation?) to defer the loan and backdate the deferment for 3 months.

If anyone has any info about deferment and the SLC I would greatly appreciate it, as it is deferment- or the lack of it which is what I'm trying to look at. Those bloody arrears are about £2k- and I've paid them nearly a grand on top of that. I've never earned over the threshold.

[emmaf01]

Oh, and them phoning about 3 times every day makes me glad I have caller display.

[maybelline]

If you took out a loan when you were under 40 years of age the debt is written off when you reach the grand old age of 50. Above 40 and the debt dies when you get to 65.

 

hello noomill060, thats what I thought! i distincly remember this clause but so far no one else has mentioned it.

[studentloanssuckcock]

Would somebody be kind enough to state Smith lawson and company 's P.O Box number as what little paper work i had has dissapeared and there not a real company so their not on the net.

Once again, these people are not debt collectors just student loans under another name...for those who hadn't read previous threads...

 

cheers great site

[maybelline]

http://www.consumeractiongroup.co.uk/forum/other-institutions/50306-student-loan-company-general.html?highlight=smith+lawson

 

sorry dont know their address, but see this thread.

[maybelline]

copied from The Badger, very helpful

 

Forgot to say:

Cheques for the S.A.R - (Subject Access Request) and the CCA requests are made payable to "Student Loans Company"

 

In case anyone wasn't sure.

 

Also the address of the data controller (a legally required position for all institutions holding personal data under the Data Protection Act) for the Student Loans Company is:

 

Data Controller

Student Loans Co.Ltd,

21 St. Thomas Street,

Bristol.

BS1 6JS

 

You can address your S.A.R - (Subject Access Request) there as an alternative to that given in the Template above.

 

21 St. Thomas St. is also the address of Smith Lawson & Company Ltd. as mentioned above - so if you're dealing with that pseudo-branch of the Student Loans Company thats where to send information

 

THIS IS COURTESY OF THE BADGER that I copied over for convenience, thanks for your excellent work badger:)

[The_Badger]

Hey no problem.

 

just got my allocation questionaire through for Student Loans Claim.

 

By the way it helps when you get to filing a claim at the court stage if you quote the Civil Jurisdiction and Judegements Act 1982 as amended. This is because the SLC main office is in Scotland and so you want the case heard under English law here in England - I'll add the text of the additional paragraph to a template on the general thread.

 

The Badger

[maybelline]

thanks thats brilliant - new letter from a debt collection agency, Direct Legal & Collections which they say has been referred to them by their client, SLC, who have totally ignored my letter informing them of my circumstances for about the thrid time! how frustrating they are, they are threatening court action and a CCJ being registered. Can I put a claim into court to get rid of them pestering for a loan I do not owe, I am not claiming back charges of any kind?

[noomill060]

maybelline-

 

If they have added any of their £20 penalty charges to your debt, you may start a small claim to recover these in the same way as any other penalty charges.

 

This is exactly what I have done.

 

Once the papers land on their (SLC's) desk with a thud the boot is on the other foot and they will have to respond to the Court. After this there is no way they can hassle you until the actual debt is established.

[noomill060]

SLC caved in over arrears letter charges:

 

http://www.consumeractiongroup.co.uk/forum/students/78206-noomill-student-loan-company-2.html

[courtneycrumrin]

This is my first posting here and I found it whilst doing a search for Smith Lawson.

 

I have had years of problems with SLC/SLco

 

My wages decreased in Jan 2007 and I applied for deferment. I paid for Nov. & Dec. 2006, but applied to defer from Jan. 2007 onwards.

 

It took me months to get an application form out of them and I'd even sent them proof of the wage change before that, by recorded delivery. I finally got an application form in March 2007 and had to get a written letter of proof of wages as SLC lost the payslips I'd sent them in Jan. 2007.

 

I got my deferment, but they refused to remove the charges incurred during Jan, Feb. and March.

 

Now I was granted deferment and it was backdated, yet they will not remove the arrears charges that my deferment period covers. They phoned again today.

 

I am right in ignoring them? I did formally, in writing dispute the arrears on the details I have just relayed. That the arrears occurred due to their clerical error and loss of vital documents.

 

In addition, to those that may not know you can have deferment back dated up to three months. One of the main reasons I am disputing the arrears as my deferment covers the months they are charging me for, so my argument to them is that no arrears can exist in that time period.

[noomill060]

Are the arrears charges you refer to, the £20 charges they slap on you for each letter they send?

[noomill060]

Or are they the amounts you would be expecting to pay if your wages hadnt dropped?

 

Or both?

[noomill060]

First thing to do is to send them a SAR to get hold of ALL the data they hold on you.

 

They *should* have a note of when you applied for a deferment form.

 

When you get this, all you have to do is wave it at them and tell them you will be taking small claim action to force them to remove the unlawfully applied charges and arrears, as it is clearly their own clerical error that you didnt get your deferment form in time.

 

Also, write to your MP.

[noomill060]

If they do have a note of your letter asking for a deferment form, it will be in the stuff they provide in response to your SAR.

[noomill060]

When "They" ring again, tell them the call is being recorded, then ask if the person you are speaking to actually represents for SLC or whether they represent a debt collection agency engauged by SLC.

 

If so, ask if the name of the DCA is called NCO (Europe) Ltd or RMA.

[noomill060]

Then tell them you dispute the amount owed and tell them that you will only comunicate by letter. Check out the CAG library for a letter to this effect, then send it.

 

You should also send them a s.78 request for a copy of the original agreement. They have to supply you with one within 12 working days.

 

After which time they cant hassle you until they do.

 

This just gives you enough hassle-free time to get enough info from advice on here to be able to take them on.

[noomill060]

Send all letters to SLC by Recorded Delivery. They are are very good at "not recieving" them, as youve discovered already!

[courtneycrumrin]

Send all letters to SLC by Recorded Delivery. They are are very good at "not receiving" them, as you've discovered already!

 

I will make a note of all the info you have relayed and make sure I am armed with this if they call again. Though I rarely answer the phone. If they should write then I will of course use the same info in writing.

 

I always send everything to SLC recorded delivery and last time was able to confirm that they had indeed signed and received my payslips.

 

The last time I was on the phone with them, I was forced to put the phone down as they were so abusive in regard that I had all the proof needed they'd received the right data to dismiss arrears ever occurring and I refused to pay the arrears and they said I had to, which I of course dispute. Especially given that the deferment by their own confirmation in writing, proves the fact in covering the time period they claim I must pay for.

 

They act as if a law unto themselves.

[noomill060]

As you have a letter from them, stating you were defered for the period they now want payment for, start a small claim to force them to remove the alleged arrears from your account.

 

They do act as iof they are above the law. Most proper banks like to do that as well.

 

But they are sh!t scared of facing a judge and will do anything to avoid it.

 

Do you want a hand with it?

[noomill060]

Ive taken them on and beaten them

 

noomill v Student Loan Company ***WON***

[noomill060]

Have you had any letters off them where they charged you £20 for the privilege?

[courtneycrumrin]

As you have a letter from them, stating you were defered for the period they now want payment for, start a small claim to force them to remove the alleged arrears from your account.

 

They do act as iof they are above the law. Most proper banks like to do that as well.

 

But they are sh!t scared of facing a judge and will do anything to avoid it.

 

Do you want a hand with it?

 

It was the message left for me that prompted me to do a search on them when I found this place. What I need to do now is gather my paper work together.

 

Once I am armed I'll be back here with more of the info I have to hand. Then I may indeed need some help (thank you for your offer)

 

Its a comfort to not have to face these monsters on my own. I am really glad I found this place

[noomill060]

You never have to face these weasels alone on CAG!

 

Have you written to them telling them that you want the arrears removed because your deferment covers that period?