Student Loan Deferment Conspiracy ? (long)

[birdkeith]

just a quick addendum to my reply,these search agents,i asked student loans

to send me coppies of these reports,guess what they said? at the time they

were transferring all their paper documents to disc so couldnt supply me with

my request,now i dont know about you,but i find that statement laughable

birfkeith

[emmaf01]

I find most of their statements laughable!

[daveydavey]

Well have sent this year's deferment form & DLA letter 2 weeks ago, took copies of everything & sent by recorded delivery - the only way to send things to these charlatans - applying for a 3 year deferment based on my disablity as I qualify as a disabled borrower, still no reply yet or confirmation of my deferment ! Will see if they claim not to have received the deferment form & then check with the Royal Mail to see whether they indeed have ... which won't look good for them if they take me to Court!

[daveydavey]

SLC now ringing me every 2 days, on my landline & mobile - I keep asking them to take me to Court where i will vigorously defend their false claim & counterclaim for my expenses, the stress caused by their unwarranted harassment & defamation if they've issued a default notice on my credit file ... seems like they are full of empty threats as despite my urging they won't take me to Court, probably because they know their claim is false arising from their own maladminstration of my loan. So why harass me ?

[lferr2002]

oh the joys of student loans....

 

I too am having mass problems with HSL who seem to have all my accounts now, but am posting a letter to them today about statute barred debt and also a seperate one asking them not to call or visit my house (though I have recently changed tel. number, and have no intention of giving them new one)

 

No doubt they "won't get " these letters but they will be posted recorded delivery.

 

[BrainAche]

SLC now ringing me every 2 days, on my landline & mobile - I keep asking them to take me to Court where i will vigorously defend their false claim & counterclaim for my expenses, the stress caused by their unwarranted harassment & defamation if they've issued a default notice on my credit file ... seems like they are full of empty threats as despite my urging they won't take me to Court, probably because they know their claim is false arising from their own maladminstration of my loan. So why harass me ?

You're right. The Student Loans Company are a bunch of bullies, full of empty threats. As I've laid out in full in another thread, they've been threatening me for several years all over a form that failed to arrive, accompanied by their frequent lies and misinformation. I've been begging them to take me to court, but to no avail. My "case" was sent to their own internal Smith Lawson department, to NCO debt collectors - who decided there was no case to answer,then back to the Studen Loan Company proper, on to Smith Lawson again and then to NCO, who again decided there was nothing the courts could do, so passed the case back to the Student Loans Company ... who are now in the process of starting the whole circus all over again for a third time, issuing demands that I pay them in full, including their non-enforcible legal charges.

 

When it comes to that lot, "pathetic" is the word that springs to mind.

[maybelline]

Hi, I have posted elsewhere on Student Loans but this thread seems appropriate. Cash Collection Agency (?) are pursuing me, phonecalls, letters, threats for a student loan I have always deferred. I have been on disability benefits of one kind or another the whole time and eligible to defer, however, they say I owe, nearly 4 thousand, in failed deferrments as of 2003, and charges on top!

 

I have pointed out that I can prove my benefits for the period but they say 'its too late, you have to pay' ???? how crazy is that, what other system can do this, pretend you do not really have the criteria to defer just because they lost or did not receive the form or have messed up the record or whatever happens? it does not alter the facts. I cannot understand why they can suddenly appear out of the woodwork after years of me thinking it was a closed account, and no longer pursuable under the scheme and they turn up now, all rather strange.

I just dont get, either the deferment is designed for those on low incomes or benefits or it is not, to say because of some extra 'hidden' criteria (as in they do not contact you for ages as the above posts say) thus not alerting you to the problem so as to make matters worse, just smacks of dishonesty and some kind of deliberate duping of the most vulnerable, how can this be right!??

[noomill060]

Have you ever applied for deferment?

[noomill060]

And who on earth is the Cash Collection Agency???

 

Send them a CCA s.77 request to shut them up while we consider how to deal with them.

 

Send SLC a SAR for everything they hold on you to find out whats been going on.

[noomill060]

Close Credit Management Limited is a member of the Close Brothers Group Plc, an independent merchant banking group founded in the City of London over 125 years ago.

Close Credit Management Limited specialises in the fields of commercial and industrial credit management and also operates in a number of specialist consumer debt sectors including motor finance and insurance.

The names "Cash Collection Agency", "Close Assistance" and "Debt Recovery Online" are trading names of Close Credit Management Ltd.

 

 

Pay Close : Homepage

[noomill060]

Close Credit Management, 2 Jessops Riverside, 800 Brightside Lane, Sheffield S9 2RX. TEL: 0114 242 6628

 

Send your CCA s.77 request here.

[maybelline]

Hi, you are right, reading small print they are Close Credit Management Limited. I have done a Data Protection Act request and have all my copy agreements, they are pre 98 so regulated by CCA I believe. Yes I have always deferred, every year but they say they have none from 2003, which is why I am fighting them, they threatened to take me to court on the phone the other day unless I pay up.

their letter includes an option to defer???? which they state they will withdraw if and when they want to.

another thing, their letter states they will register the debt against my home????!!!

[noomill060]

Start a small claim to have the penalty charges plus interest @ 8% removed.

 

This will shut them up while we work out what to do.

[noomill060]

Did you get copies of your referal notices from SLC in response to your SAR?

[noomill060]

Do you have any letters from SLC stating you are refered?

[noomill060]

Are you refered for this year?

[noomill060]

Do NOT talk to them on the phone anymore.

 

Simply refuse to confirm your name and address/postcode.

 

Tell them you want everything in writting.

 

Ignore the court threat they made on the phone. It what they write thats important.

[noomill060]

And of course, keep a note of all times they call and keep all the letters they send you.

 

If you have evidence of deferment, it would be nice to have them for harassment.

[noomill060]

So they are saying that you didnt defer in 2003 and thats why they are chasing you?

[daveydavey]

hi well i did defer, i sent them the deferment form, familiar story, they say they didn't receive it, leading to the creation of the false arrears figure. However, they backdated the following year's deferment form by three months - why would they do this if they had no proof of income / benefits (in the shape of the previous year's deferment form) to go on ? The SLC doesn't backdate without any proof of income / benefits, so this points to the existence of the 2003 deferment form, i.e. the only way they would have known my income / benefit entitlement in order to be able to backdate !

 

I am prepared to defend their false claim in Court, as it isn't my fault they took 12 months to process the 2003 deferment form & then only 'backdated' it by the 'maximum' 3 months, yet despite all their harassment & my requests they won't take me to Court, they just continue to harass me with near-daily calls to my mobile.

 

How can i stop them from harassing me ? Any ideas who i can make a complaint to (which organisation / body) to stop telephone harassment ? The only way i see a resolution is for them to take me to Court , which they won't do as their claim is false. I tried the complaints procedure, gave up as their replies were full of falsehoods (e.g. 'your case is no longer dealt with by the SLC, it is now being dealt with by Smith Lawson & Company, & they ignored the above point re 2003 form in their reply which was the salient point of my complaint!).

[noomill060]

Take them to court for removal of all unlawful debits- fake arrears and charges.

[maybelline]

Hi daveydavey, I am in a very similar position and received a call only yesterday from a very impolite man saying they would be taking legal action, no matter how much I explained (politely) that I had indeed deferred and was on disability bens he just kept asking about my income, and what and when would I pay. I have provided the relevant info but I do not have copies of the deferment forms, (stupidly it seems to me now but I did not think to copy them and did not have a computer or copier at that time), It seems to me that my income at the time must surely BE RELEVANT and not this 'rule' of no deferment form copy, then no deferment?? what business could hope to run in this way,

 

best of luck, all I seem to have at the moment is opinion and am busy with another case, but I dare say I will have to deal with it soon.

[daveydavey]

hi maybelline I could send you a signed written witness statement if they do take you to Court (my feeling is they won't), stating that i have had similar experiences with the SLC over the non-deferment of my Loan. In fact you could probably get quite a few witness statements from people who've had arrears 'created' out of the SLC's maladministration & failure to process deferment applications - its a very common problem !

 

So if you do get taken to Court (which I doubt) reply here & we can sort something - they've been harassing me for years but haven't taken me to Court, so i doubt that they will as they have no real legal basis for claiming, but if they do make sure to counterclaim for your costs of defence & the distress caused by their unwarranted harassment, & unlawful £20 charges for letters etc etc. They just try to bully you into paying when you're clearly entitled under the Student Loans Act to deferment.

[maybelline]

the student loans co have now responded to say yet again that as far as they are concerned they did not receive a deferment form and therefore they are entitled to all the arrears (from 2003) they absolutely do not accept any other evidence of being on benefits even though their website clearly states that those on long term disability can apply for cancellation, (which I have done a long time ago ) yet again no reply to that either,

 

so where in the consumer credit act does it state that you can add a term to your agreement such as if the form goes missing reality becomes unreality????? I believe this surely MUST BE an unfair term as it seeks to take away our rights expressly given by Parliament in the act,

 

does anyone concur?

[maybelline]

thaks for that, I had another call last week from the same obnoxious person and I said 'didnt you get my letter and evidence' and they said no, long pause, 'oh but according to royal mail track and trace it has been delivered' well were not student loans, yes 'but i sent a copy by recorded to you and student loans and both recorded on track and trace as delivered??' not heard back yet but I do expect they will come back with some more nonsense, thanks, if they take me court I will certainly take your offer of help:)