tobciocc vs slc (the defence)

[noomill060]

I presume you withdrew your claim.

 

How did you do so?

 

What did you say in withdrawl notice you sent to the court or did you sign a consent form that SLC asked you to do?

[steven4064]

I agree 100% with noomill. They cannot do this - there is a principle in equity called promissory estoppel (see wikipedia article) which prevents them. Quote this in your letter to their solicitor and copy their letters to you where they agreed to the settlement.

[tobciocc]

Yes thats right, I withdrew the claim and signed the consent form. I recieved a cheque for the correct amount and hadn't heard anything from them in months. I'll contact the solicitor tomorrow and insist that the SLC send me a letter stating that these charges have been removed.

[noomill060]

I see where the problem is.

 

Can you?

 

[tobciocc]

No, what am i missing?

[noomill060]

They added charges to your account, but instead of reversing these charges, they refunded you directly.

 

You've had your refund.

[tobciocc]

No they refunded fees I had already paid and the interest I claimed, also (just checked) they agreed to 'remove' £336 in charges from my account. The cheque I recieved only covered the refunded fees and interest. I have it in black and white and various saved emails.

[noomill060]

How much did you claim back, in total?

 

What do mean by fees?

 

What else have they charged you for apart from £20 a letter?

[noomill060]

Im getting confused about these fees you are on about.

[noomill060]

They will directly refund the £20 charges you have actually paid.

 

They will reverse the £20 letter charges which you havent paid (Or should do!)

 

 

I take it that they havent?

Edited October 26, 2008 by noomill060

[tobciocc]

Sorry i should have said charges for letters they'd sent, basically they refunded about £284 of which some was a refund for payments I had made to pay off these charges and the interest I'd claimed. That left outstanding charges added to my loan for letters received by me of about £336, these are the charges that I asked (they agreed in writing) to be removed.

[noomill060]

£284 + £336 is £620

 

Is this the figure they agreed to refund/remove?

 

What was the figure you stated that you wanted in your small claim?

[noomill060]

I got your PM. I understand.

 

If they have paid what you claimed in your claim form thats the end of the matter.

 

If not, go get em with promissory estopple.

 

Cant help without actual figures, you'll have to do the maths yourself.

Edited October 26, 2008 by noomill060

[tobciocc]

Update on this case, basically I was advised by the county court to write to SLC and ask for them to write back within 2 weeks stating that the admin charges had been removed from my account as agreed in the out of court settlement. What a suprise, 2 weeks went by with no letter. I wrote to the court and now they have reinstated the case with a court date early next year. All of this makes me feel nervous but I can't let them get away with it.

[steven4064]

Sounds like the court are basically on your side

[noomill060]

I wonder what happened.

[tobciocc]

Hi noomill060 - well the removed the charges as requested by me, they actually just send a letter stating charges = £0.00. They didn't even apologise or acknowledge an error had been made, awfull people.

[tobciocc]

So now they have started contacting me at work, I've sent them a letter stating that I don't wish to be phone at work sent recorded delivery. They phoned again today and said they havn't recieved it, post office records unsuprisingly state they have. So I ask the caller for his full name and he refuses to give it to me, then I ask to speak to his supervisor and he refuses that stating he does not have to do either of these things. Surely this is extremely dodgy, I have sent them the standard phone harrassment letter twice. I do not wish to be contacted by these muppets by phone. I do owe them a small amount of money from when I had no home address many years ago, and defered several months late. They refused to take mitigating circumstances into account.

[noomill060]

Did they refund interest claimed and your court fee?

[tobciocc]

Oh yes, all of that stuff was paid up and sorted out. I didn't hear from them for ages apart from one letter which didn't have the charges removed in the balance of the account. I wrote to them and they amend it accordingly.

 

This is more about the fact they are ignoring telephone harrassment letters, as I said I do owe them a small amount but have stated twice by letter to them that I don't wish to be contacted by telephone. The callers refusal to give me his name or put me on to a superviser really angered me.

[noomill060]

Tell them that as civil servants, they are legally obliged to identify themselves by name and that the call is being recorded. (doent matter if it isnt!)

 

If they fail to identify themselves, tell them that you will note the time and date of the call and report them to your MP (including a recording of the call)for a formal complaint and recording of the call to be made to the Secretary of State for Health and Education.

 

You can start another claim for the arrears to be removed for the time you were unable to defer due to your personal circumstances.

 

(Failing that and for the sake of a quite life you could just pay)

[tobciocc]

Thanks for the advice, it's very much appreciated.

[Falkirk1298]

So now they have started contacting me at work, I've sent them a letter stating that I don't wish to be phone at work sent recorded delivery. They phoned again today and said they havn't recieved it, post office records unsuprisingly state they have. So I ask the caller for his full name and he refuses to give it to me, then I ask to speak to his supervisor and he refuses that stating he does not have to do either of these things. Surely this is extremely dodgy, I have sent them the standard phone harrassment letter twice. I do not wish to be contacted by these muppets by phone. I do owe them a small amount of money from when I had no home address many years ago, and defered several months late. They refused to take mitigating circumstances into account.

 

One of my biggest complaints against the SLC is the way their managers and decision makers cower behind their phone drones. I had to make an explicit threat of court action against them to get anyone in authority to respond to me, who, incidentally, conceded I was correct in my complaint! That hasn't stopped them chasing me though.

 

Look up "incompetent" in the dictionary and the definition is "Student Loans Company".

[tobciocc]

So now having recieved and returned my annual deferment forms, sent by recorded delivery, I have a letter from 'Cash Collection Agency' demanding £400 from me on behalf of SLC. I don't owe them a penny and am getting so damned sick of this, surely someone must be accountable. How do I get them off my back, more to the point why should I even have to.

[pentiumofborg]

I've just started an attempt to reclaim my money from the Student loands Company and am wondering what happened next.