Bit stuck - BCW on my case. slc

[Vampyra]

I've heard about the fated Buchanan Clark and Wells but as yet did not have the pleasure of their bullying.

 

This is in relation to a large sum of Student Loan. I have not worked in a job earning over the £17000 threshold, since graduating and for the last 5yrs have been a full time carer.

 

I tried and failed as I believe many have, to get forms to put payments off for a year due to low income. The forms either never arrived or they claimed never to get them.

 

The last communication I had with the SLC was in Feb 2002 which was the last time payment was postponed for a year. In Feb 2003 they claimed never to have recieved any paperwork when I sent it off. They eventually stopped contacting me, I sorta forgot as my caring duties took over ewverything, and I've not heard a dickie-bird til last month.

 

The SLC said I had missed 51 payments - 51 without them bothering to contact me? - and it's going to a debt collector.

 

BCW step in. Last week a letter arrives stating I owe this money - which I actually don't because I never earnt the threshold wage, and they were taking me to court if I didn't sort it out and pay it all off - usual guff.

 

Letter today arrives stating "Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably".

 

Plus it is a Final Notice that unless I cough up over £10,000 immediately, (oh I'll just go check my change down the back of the sofa), they shall seek to commence legal proceedings against me!

 

What do I do with these twits?

 

I know a CCA is required, but they are gonna claim I should have sent the Deferrement Forms off and having read the SLC forum, they have messed about claiming never to have recieved people's Deferrement Forms.

[Curlyben]

Now this is a knotty problem.

Unfortunately not having dealt with SLC I'm not sure I can be much help, but I'll give it a go.

 

Now as you are below the repayment threshold, then SLC MUST take this into account.

Also are BCW acting as agent or do they own this "debt" ?

 

If they agent then they would need SLC's permission to sue anyway and that would be relatively simple to defend against.

Now if the truly own the debt under LoP 136, then that's a different matter.

 

For starters I'd get a CCA into BCW and see what it shakes loose.

Bear in mind that student loans changed in the late 90's to be exempt from CCA, so you may come a cropper there.

 

Now you could simply send them a "prove it's my debt" letter rather than a full blown CCA, really depends on the dates of the original student loan.

 

Hopefully someone will confirm the dates of these things.

I think it's 1998 but not sure.

[Vampyra]

I took out my first year SL in 1994 and it ran for 7yrs during my Access course and Degree - although they were at 2 different institutions, they were continuous. The Degree was started in 1996 and the entire loan from 1994 is the old mortgage style loan.

[babybear39]

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