Student Loans pre 1998

[elche]

Che would like a little help please.

 

X has 3 student loans from 1993/1994/1996

 

Thus the income contingent type.

 

X has thus far deferred payments and no charges have been levied. Che is helping X (for free) to see if said loans are enforceable as regards the total balance now due (£4,606.80).

 

Che is legally trained but has 0.00% experience in this area of the law, and thus begs assistance of CAGGERS

 

Che drafted and X sent to Thesis / SLC the formal request for a true copy of the credit agreement as per s.77/78 CCA as based on the template letters on this site.

 

Che thought he would 'try it on' and not send the £1.00.

 

Well X has received a reply from Thesis.

 

'I can confirm that there is a fee of £1.00 (cheque) for each document required, unless you require a subject access request which is £10.'

 

Now there are 3 loans - would Che just be better sending the SAR or £3.00 for each loan agreement.

 

Will the SAR in effect 'reveal' all including the agreements etc?

 

Che is particularly intrested in seeing the agreement and the T & C's as enforceability (or not) is what Che wants to check.

 

Also Che has read that after 25 years you no longer owe on pre 1998 loans - is this true as in respect of the 1993 loan, X is not that far off!

 

Thanks in advance

 

Che

[MilkTrayMan]

A definitive guide for loans ( pre 98 ) subject to the Consumer Credit Act 1974 for U elche...

 

Repaying student loans ( courses starting before 1998 ) : Directgov - Education and learning

 

 

[MilkTrayMan]

The posts on the following Thread may also be of some help too...

 

http://www.consumeractiongroup.co.uk/forum/students/198038-slc-want-register-default-2.html#post2456745

 

...Although, if 'X' has kept their deferrment up to date, Sola may not help as 'X' has in effect been acknowledging the alleged debt.

[elche]

Thanks for the replies milktrayman

 

I already thought that SOLA would not be the way to go as by deferring the loans each year 'X' in effect been acknowledging them.

 

What I am hoping is that either, (a) They have mislaid the agreements or (b) the agreements exist but are not CCA compliant and thus (hopefully) not enforceable

 

I think I'll send the £1.00 for one loan and see what that reveals.

 

Che

[troggie]

HI there

 

I requested (via phone and email) a true copy of my agreement with SLC for my old style loans. I'm trying to find out if the scanned pages I've been sent by SLC are valid or in other words CCA compliant (where can I find out about the criteria?). My signature is legible but there are no other signatures on behalf of the SLC. The terms and conditions are blurred and it is in no way a decent or true copy. Does anyone have any ideas about the next steps? Che - how did it all work out in the end - I was looking forward to reading it!

[disgruntledofcornwall]

25 year rule is how I understand it on the old "mortgage" loans. Some were issued up to 2000 if you started earlier then failed or deferred a year or two as those people carried on with the old system.

 

The terms and conditions interest me greatly as I think the SLC play fast and loose with most areas and the idea that they have breached the TC's is an appealing one. I have never tried to contest this area, though fully expect to have to once my 92 loans "mature"

 

I did try the CCA route some years ago prior to carey vs hsbc and I was disapointed to find out that these requests are possibly the only ones they actually action - I had the forms 48 hours after the request! I am sure that the TC route may be fruitful though.

 

SAR would be the best way forward. Request all data held including the loan agreements and terms and conditions. Also request all charges applied to the accounts. These are never enforcable and with statutory interest, they may go some way to writing off the loans.

Edited February 26, 2010 by disgruntledofcornwall
CCA challenges are still valid, it is only the default notices that are an issue so I was wrong about the CCA issue

[hawkyboy]

Hello I am new to the forum and need some help please. I had a pre 1998 student loan which I pay £15 per month on, I believe it was originally taken out in 1993....I pay this amount as accepted by student loans after I contacted the national debt line many moons ago. Suddenly I received the now infamous call asking for a quoted ref number etc. It was Thesis saying the time period allowed for loan repayment had passed and they wanted the £3900 imminently! they are calling back on Monday to discuss...they do not have my current address or bank details and I continue to send my £15 to SLC....can anyone advise the best way forward on this one pleae?

[hawkyboy]

Many thanks for this....they only have my mobile number and won't even leave a message now for some reason....it simply comes up as a withheld number then they hang up. Not sure whether ignoring this one is the best way forward or not! cheers for any help

[kurvaface]

I asked slc for copies of original docs from pre'94 and they are copies of microfiches, totally illegible and unsigned.

 

Do a sar to see their hand.

[Skankedbythebank]

This is all very interesting.

 

I started a thread on this in the debt section a few minutes ago is it statute barred?), i should have come here.

 

I can contribute two points.

 

1) I have a memory for this kind of thing, and distinctly remember the phrase "this agreement falls out side the ??????? of the consumer credit act ????" at the top of the form.

 

2) I asked for my original loan agreements / copies back in 2003, no response, and the monthly threats decreased to (i Think) just one in the past few years.

 

I know these loans got passed from, was it SLC to Nat West or the other way round ... whatever.....

 

What i am wondering, is what happened to all those boxes of paper from 16 years ago?

 

Do they still exist, did they get physically moved?

[hawkyboy]

.........hmmm and if they can't produce the docs where does one stand?

[kurvaface]

I think the question shoukld be "If SlC can't produce the documents, on what do they stand?"

[hawkyboy]

Yes indeed!

[kurvaface]

I've been trying to find out about the enforceability of a copy of a microfiche. As it's not a copy of an original doc, SLC would have to have the person who copied the docs onto microfiche in court to confirm that the microfiche is a true copy of the original docs. (If they decided to try to enforce through courts )

 

Then there is the issue of legibility etc. The copies sent to me are a fuzzy blurr.

[hawkyboy]

well mine has been passed to Thesis...will they have the docs do you think???

[kurvaface]

Unlikely.

 

I would do a sar.

 

Some would argue that a CCA request for £1 will establish what documents are in existence. Thesis / slc would only have to provide a true copy of your contract (Not neccessarily a copy of original docs) and then they might feel they have the right to pester you.

 

A subject access request to SLC will through up everything and for £10 I think it is money well spent. It will show what original docs they have, all communications between you and them and you will then be able to establish what case there is if any.

 

You could start by asking thesis for CCA (to shut them up) and in the meantime do a SAR to SLC.

[hawkyboy]

Thanks for the advice...it's a weird one really as I have and still am paying the £15 a month I can afford to SLC directly but somehow Thesis got my private number (mobile) and keep calling but sending letters to an old address....do you think best plan at this stage is just to keep my £15 a month going straight to SLC? thanks again....

[kurvaface]

I don't know whether this is correct advice or not, but I would continue on the course that you are on with SLC because SLC have given you no reason to change yet. Certainly do the SAR with a specific request for original documentation.

 

With regards to thesis - they have your old address. WQhat address do SLC have?

[hawkyboy]

Basically they all have my old address but I set up a standing order a couple of years ago as SLC agreed to accept £15 per month for my student loan....I have continued to do this. I did call Thesis back initially as they left a ref number and I didnt know who the call was from. They confirmed my old address with me on the phone and were polite to be fair but said the loan had been passed to them and that the £3900 outstanding had to be payed off asap...they said they would give me the weekend to think about it and call me Monday (a few Mondays ago!) I just haven't called back. My £15 per month continues to go to SLC.....

[kurvaface]

OK

 

It's possible that SLC have sent demands to your previous address to increase payments and not having had a response have pulled in thesis to collect.

 

Do you have any concerns about SLC having your current address?

[hawkyboy]

None at all.....I sort of vanished. I live with my other half and all bills etc are in her name. The only mail I get these days is a bank statement! all of my bills/debts are set up on standing orders and I pay the amounts as agreed a couple of years ago... I have moved twice since then as we rent.

[kurvaface]

OK.

 

First off... don't worry about this. There is sod all thesis can do to you. The worst that can happen is that you get taken to court and a judge decides to make you pay what you can afford which you are doing any way.

 

If I was in your shoes this is what I would do.

 

1) Stop speaking to thesis on the phone. You don't have to speak to them. anything they can't put in writing is probably a lie.

2) Write to SLC informing them that they are writing to a previous address. You are a good "citizen" and have been continuing to pay them 15 quid a month and are not trying to avoid them. SLC are notorious for losing correspondance, particularly relating to changes of address / circumstance etc.

3) Write to thesis, recorded delivery, quoting your SLC reference number. Tell them that you consider their calls as harassment. There is a good template letter in the forum regarding harassment which you can tailor to do this. Provide them with an email address (set a new one up on yahoo or gmail) as an acceptable point of contact. tell them you have no intention discussing your affairs with them and thatv you will deal with SLC only.

4) Send a SAR to SLC asap. Pay Keep paying them and then let's have a look at what comes back.

[hawkyboy]

That's brilliant advice. Thanks so so much for this. I will do this and let you know what happens as soon as......will I have to give my current address to SLC in this case? won't they just pass my address to Thesis ?

 

Just a thought

[kurvaface]

They will pass on your address but really, you have nothing to fear from Thesis.

 

£3900 sounds like a lot of money for loans from that period in time. I have a strong suspicion that some monkeys will have added unlawful charges and fees to your account balance. All the more reason to do a SAR.

[hawkyboy]

I't a crazy amount! I think the original loan was for less than this. I will do a subject access request and let you know

 

Best Wishes