Student Loans Co - Ignoring my letters !

[zboo]

Hi all,

 

I sent the Student Loans Company the letter asking for a copy of my credit agreement as I was told when I took it out that it was interest free until I started earning more than £15,000 a year. Recently when I got my first Annual Statement from them I saw that they have been charging me interest all along

 

I wrote asking for a copy of the agreement with the template on this site before Xmas and I have had no response at all - What should I do ? ? ?

 

If they can't produce it I want them to write of my debt as I understand that they can't enforce it - however they take it directly from my wages at source and I don't know what to do next ? ? ?

 

Please Help

[noomill060]

Section 77 of the CCA doesnt apply to non-commercial loans or "small loans", so they have nothing to fear from failure to comply with your s.77 request.

 

Hence they just ignore it.

[maybelline]

but are they covered by the CCA other ways? much of the advice re SLC is based on the whole penalty charges argument so I am assuming with what the OFT has said about such charges this should apply to SLC also. confused:(

[gazmalman]

It is not a small loan as I understand it, a small loan is one under £50. It is surley a commercal loan as the SLC (spit) is a public limited company not a housing association or such as metioned in exepmtions in the 1974 act.

[maybelline]

yes, I cant see why they would not come under the regs of 1974, I have had no reply to my request for copy of agreement either and they are wel overdue to reply. I have written again to say I owe them nothing, I never have met the earnings threshold, etc,

 

who or what is their complaints department??

[gazmalman]

Ive tried going through thier complaints proceedure. They are supposed to reply and investigate complaints within 10 days, but not surprisingly they never do! There is 4 levels of complaint, an intial one which will come back telling you to go away as its all your fault that they are incompedent , you will get this within the ten days. You can then complain at the second level if you are unhappy still, my last complaint at this level took 40 days for a response and that was pretty simalar to the first one. After this you can complain directly to the directors, I sent a letter of complaint to them in november, I got a letter saying they would deal with the complaint 30 days later the only response I have had off them now is to be passed on yet again to a DCA. In theory you can complain further to an independant assesor but you have to have recived response from the directors before they will allow the asseor to see the complaint. I get the feeling the directors never respond to complaints as I dont belive they have a legal obligation to do so.

 

They failed for 2 years to note my new address I informed them of and failed to send me a deferal form so they, and honours student loans, want thousands of pounds I dont have. I have tried for 2 years to get them to do the decent thing and simply defer my loans but they just will not. So now I am in the process of the 1974 CCA thing, and I will take it all the way to the courts if I have to. I cant remeber actually signing the agreement so they will have to prove it.

 

Another point, at the application interview does anyone remember having the deferals proceedure laid out to them? I remeber being told I wouldnt have to pay it back unless I was earning a set amount per year but they never told me it was at the discresion of the SLC. I wonder if I and many others in the same situation have been legaly misled and missold this loan?

[maybelline]

just rec'd copies of loan agreements, some properly executed, some not, but it clearly states

 

CONSUMER CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

so therefore covered by all the regs of same

[The_Badger]

Zboo - they take it from you wages? IF so your on the new scheme not the old one (i.e. you started your uni degree after Aug 1998) in which case the system is regulated by its own piece of legistlation rather than the Consumer Credit Act 1974 (which the old system is on).

 

I'm on the old so I'm not sure about the new system and how you challenge it - you'd need to look into the law that was used to set it up in 1998.

 

But if you find out then let everyone know.

 

Thanks

The Badger