Jonathan VS Student Loans Company

[lunagirl]

Hi Hippy-chick

 

The debt is a student loan - £1,1000 from 1994-95. In September/October 2001, I received a letter from the SLC threatening to take me to court and requesting that I send them details of my income and an offer of payment to stop this happening.

 

I did send the information regarding my income but didn't make them an offer of payment as I was earning so little and thought they would see this from my incomings and outgoings. I think I may have responded too late to their request and I received what I think was a court summons. I know this sounds ridiculous but I really can't remember if it was or not. I was at the time, going through an extremely difficult time in my life and there are parts of it which I really can't remember very clearly. I went to the CAB at the time with it and they said there was nothing I could do

 

My concern now is that they did get a CCJ against me and that MackHall will in fact be able to enforce this and take action whatever that may be. As I say, I had a letter from them dated 30th November and giving me until 12 noon on 7th Dec to respond. I haven't responded to this or their phone calls and I'm concerned that they are just going to send bailiffs.

 

Do you know if CCJs stay on your credit file or if they are removed at any time? There has never been anything on my credit file and I got a mortgage in 2003 and have had credit cards since this time too.

 

Many thanks

Lunagirl

[noomill060]

As you got a morgauge and credit cards, it would appear unlikely that there is a CCJ against you.

 

What you could do is report all this nonsense to your local trading standards.

 

Tell them you are being harassed and threatened with baillifs for a statute barred debt.

[Hippy-chick]

I agree.

 

If there's nothing on your credit file and you're getting credit, this looks like bully boy tactics to me.

 

Send them the Statute Barred letter (M) from here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Then sit back and see what they do next.

 

xx

[MARTIN3030]

Yes Its clear they are hunting past a sell by date.

Your trading standards will help you to sort it.

Although as HC says you can sent the SB letter.Theres no harm in involving Trading standards now ......they get paid for it.

[Hippy-chick]

Well - I'd do both if it were me. Although it's not against the law to chace Statute Barred debt, the way they are doing this is totally out of order.

 

I'd also be asking MH for a copy of their complaints procedure (which I don't think anybody has ever seen) in order to prepare a compliant for the OFT.

 

[lunagirl]

Up to now, I've done nothing - haven't responded to their phone calls or replied to the letter they have sent. Would you all say I Should respond or let sleeping dogs lie?

 

I'm unsure because it seems to be (reading other posts) that this may be the best course of action. However, I may also need to defend myself?

 

What a bunch of wholly despicable 'people' Mackhall are. I've been reading other postings about them on the forum and can't believe the stuff they say to people!

 

Many thanks

Lunagirl

[Hippy-chick]

It really is up to you, lunagirl. The important thing to know is where you stand - they will try to scare you, but now you know what they can and can't do. If you do decide to send the Statute Barred letter, and they continue to harass, you can complain about them. If you don't, and you can cope with ignoring them, that's fine as well.

 

Your choice - whatever you decide to do, we're on your side.

 

HC

[TheShermanator]

If my last loan was taken out in 1997 (last payment received start of summer term 1998), and i deferred from 1999 through to 2005 (before moving house and not informing them of my change of address), does that constitute acknowledging the debt? Is my loan Statute Barred?

[Thepower]

Send them the statue bared letter and see what happens ...

Must be six years in England without ANY communication ( ie letters or payments) from you

Also check your credit file to make sure they haven’t obtained a CCJ if they have the debt is still enforceable ( for ever) but this is unlikely

Remember if your going for statue bared it’s important when communicating with SLC to refer the debt as as the “alleged Debt”

good luck

[p222lly]

Mackenzie Hall

Have spent the last few hours reading through the postings regarding the SLC and pre 1998 agreements that were entitled to be deferred....OH MY GOD....didnt realise so many people were in the same position as myself. The lost deferrment form seems to be the age old excuse from these incompotent morons!!! My saga is very much "text book" I send deferment forms, they lose them, or accuse me of not sending them, then charge me for their mistake. I have accrued a huge amount of default charges on my loan account through no fault of my own, which has apparently entitled me to be harrassed by, for want of a better word, loan sharks! The current state of my saga was a telephone call from Mackenzie Hall 4 days ago, who on calling asked for me by my first name, no mention of surname, pointed out to the arrogant and ignorant little boy on the other end of the phone that as he was not one of my friends nor on my christmas card list that I would appreciate that he didnt refer to me by a title that my friends would! He continued his insolence by referring to my by my first name, I again asked he refer to me in a far more professional manner by calling me by my surname or else I would terminate his call (how dare he!!!) Anyway, he started his script, informing me that I had 10 days to pay up or else..."whats the or else?" I ask..."well" says he "we shall seize your assets, ie, your car, your home and we shall do this in 14 days if you do not pay! How will you be paying, debit card, credit card or cash" - "Neither of these options suit me actually, I have been legally entitled to defer my loans, which I have done but due to magical powers at SLC my forms have disappeared far more mysteriously than any trick attempted by Houdini! He then informed me that as a 10 year period had passed since the first agreement of 1997 that I had lost all legal rights to deferment as the loan had matured. I informed him that this was not the case as I was entitled to defer as per the contracted agreement each and every year that I was earning under the threshold or until the age of 50 when the loans would then be not liable for payment. He then continually butted in and wouldnt let me speak, at one point he was even shouting at me down the phone. Now, I was really angry with him...I raised my voice and told him firstly not to insult my intelligence and secondly not to pull some bully boy tactics on me by impling that his organisation had the authority to take my car or home from me, thirdly I did not appreciate being shouted at and harassed over the telephone, that I would not be discussing this matter further with him and I when I had finished speaking I would be ending the call, I would therefore appreciate any correspondence to be in writing and sent recorded delivery as I will be taking legal advice on both debt harassment and harassment over a debt which I was well aware of the terms and conditions that I had signed for, and his 10 year maturity ploy to try and scaremonger me into paying was completely fictatious.....then I end call. I have heard nothing so far, but no doubt the letters will pop through my letterbox over the next few days.

The postings on this site have been extremely helpful and I now find that I am once again encouraged and feel tough enough to take on the SLC and all the debt collectors that they are using to try and force me into paying for something that I am legally not entitled to pay. I shall be contacting them for current statements and lodging a small claims case against them for charges that they have issued against me and will also be consulting my solicitor with regards to Mackenzie Hall and the way that their representative conducted himself over the telephone and the threats that he made to me.

Post was possibly a bit of a rant, therefore apologies but had to get share it with those who would understand the frustration that the situation causes.

[noomill060]

Let it all out, p22lly- you are among friends.

 

Welcome to CAG! (what kept you?)

[noomill060]

For a start, you can get the £20 charges removed, along with all interest on them.

 

Check out my thread-

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

[CDG]

lunargirl- Student loans are only written off at age 50 if you were under 35 before you started your course.

 

I thought that was the case, my partner left uni aged 36 (3 year course) in 95 and turns 50 next year, we've deferred the entire time due to low income but I could do with documentary evidence that the loan dies next year - do you have a reference I can use?

 

Thanks

[noomill060]

Just do a bit of googling.

 

It will be in the Act which set up the student loans system.

[CDG]

Thanks - I did spend a few minutes doing that the other week but couldn't find anything authoritative, I thought you might have something specific like a document reference.

 

Rather concerning, I found that in The Education (Student Loans)(Repayment)(Amendment) Regulations 2006 it makes specific mention of the age of 65 for non-post 2006 loans.

 

I'll keep looking but if anyone can point me to something useful that would be very much appreciated.

 

CDG

[CDG]

Found it.

 

https://www.legislation.hmso.gov.uk/si/si1990/Uksi_19901401_en_5.htm#mdiv9

 

Section on Cancellation of the original 1990 Act [statutory Instrument 1990 No. 1401 - The Education (Student Loans) Regulations 1990] clearly states the rules surrounding loans being cancelled and no repayment being necessary

at the age of 50 (for sub 40 aged loans) and 60 (for post 40 aged loans).

 

CDG