Student Loans - They are having a laugh

[Gooders]

Right have been asked to start a new thread to outline what I am doing with this shower of incompetents! I apologise now for the size of this post but it will hopefully describe where I am and what I want to do.

 

I took out 4 loans with SLC in total when I finished Uni applied to differ for the first few years. But I never heard anything from them EVER.

 

In the following years I sent letters asking to differ but apparently they were "never received" so 2 years ish ago, I was in a comfortable position to pay some back. This coincided with my loan being sold from SLC to another company.

 

So one happy morning, a phone call. Not sure how they got this info as noone I know can remember giving them my number. Call told me that I had arrears and that I would need to pay back more than the minimum until the arrears we covered. Well having never had any letters or even a single statement from them and felling extremely pressured I agreed and said I would pay £250 a month. They seemed very happy with the deal and went away.

 

After a year I got another call threatening me because I had stopped paying. On the Standing Order I must have ticked the 1 year box.... well immediately started it going again. Again felt very pressured but new they would stop chasing.

 

At this point I asked for a statement, because I had never received anything at my address they had for me. Well when it came I nearly broke down. They had added over £7000 in arrears and as I had never known what state the account was in I couldn't have done something previously. So that is when I started really looking into this....it surely can't be right that I have never received a statement????

 

So what have I done?

 

1) sent off SAR initially only thought of charges but the read more about the CCA rights.

 

What were the chances that the reason I never got a statement or my parents weren't approached (as I had put them done as the contact info etc) because they had lost my agreement?????? I knew through other web pages and grumbles that SLC's admin was shocking so I added £1 and asked for a "true copy of the agreement"

 

Sent this off to their address....it is a SELECTAPOST address (i think like a PO Box) by recorded delivery on 17 Feb 07....and nothing!!!

 

So I kept looking at Royalmail site to see when it was delivered and not confident that it had been rang the good people at Honours. 1st girl I spoke to said their was nothing on the file and no letters had been received. I challenged this and spoke to a team manager. Again, same thing, nothing received. So I told her I would be sending it to her today. Off I went a posted a copy of the previous SAR & CCA request plus another £11

 

She called me back an hour later and said that they had received the letter on 20 Feb 07 ( countdown started) and that they would have the info to me in 40 days. I told her the CCA was 12 (we had a bit of oh no it isn't oh yes it is thing going on for a small time) and in the end she said that she would check with her legal dept and I would have the info in the required time.

 

2)8th March has been and gone, I have done nothing but count the days and keep paying them. Oh and laughed because they are in default.

 

SO WHERE NOW?

I am by no means an expert on this but this is how I am thinking of proceeding.

 

1) Hopefully get nothing in the post on 8 April - criminal offence letter and dispute debt & THEN stop paying. Then RECLAIM EVERYTHING I HAVE PAID TO THEM + INTEREST!!!!

 

2) If I get a letter with a true agreement that meets the requirements in the CCA then write tell them about their default on CCA and re-negotiate a payment plan......£1 a month sounds good to me!!! I am the one with the power now they defaulted!

 

3) If they have the required paperwork for a legal agreement with me I will have to research more into CCA's but I believe I may have an argument about their failure to supply me with a statement and not getting offers to differ. If this is the case then, I will fight for removal of arrears by what ever means necessary!!!

 

It really astounds me that they can get away with such bad admin!!! And I am sure there are many other people in the same position. So for the cost of £11 I AM going to see what they got, claim any charges back, fight for my rights under the CCA and hopefully if they don't get something to me by 8 April......get it all back!!!

 

Any ideas, thoughts and stories of your battles with SLC & Honours would be really welcome!

 

Gooders

[emmaf01]

Thanks for starting the thread- I've just checked my dates and the SLC are in default on the CCA for me as well! Plus, they have completely ignored it in my letter and credited the £1 fee to my account. And they ignored the prelim letter I included as well.

 

Oh, it is nice being in control again.

[rosierose]

Hi there

 

I understand your feelings about them, but not all SLC loans are covered by the CCA. Earlier ones were, but those after about '98(? you may have to do a search to get the correct date) are not. Consequently, requesting an agreement under s77 could be pointless.

[Gooders]

rosierose,

 

Sorry, knew I would have missed something!!!

 

ALL my loans are pre 1998 (september I think) and therefore subject to CCA:-)

 

D'day 8 April 07!!!!

 

16 days to go

 

Gooders

[rosierose]

Phew! I'd have a search for the actual date though if I were you' just to be sure.

 

Truth be told, I had a situation with them last year which I need to follow up likewise, but I've been busy with some bigger fish. I think they may well be next.

[Gooders]

Rosierose,

 

If memory serves, my first laons was 94 and the last 3 were 96, 97 & 98 all taken out as soon as possible:rolleyes:

 

I believe that the 98 loan is considered a continuation from the 96 application. However I believe I am double covered by the fact I took this out pre the date. However, you are right it is worth more reading.

 

Anybody know if I was in the same institution doing the same course if the loans are considered an extension or not?

 

Gooders

[emmaf01]

Mine are 92, 93, 94 and 96!

 

So they are now in breach of the CCA!

[emmaf01]

And Gooders, I hope you are only giving them the statutory 12 working days!

[Gooders]

Emma,

 

Have PM'd you.

 

The statutory 12 working days put them in default and you can stop payments legally until they produce the documents.

 

I am going for another track. after the 12 wds they have 1 calandr month to get the info to you or THEY BREAK THE LAW and it is a CRIME!

 

Now would you pursue a debt that when it gets to court you have to explain why you broke the law??? I think not, or if they did...I hope I have the front row seat!!!!! So say that they dont supply the docs after 12 wds + 1 cal month, not only is the debt totally unenforcable but that how, I believe I will then be eligable to claim everything I have already paid back!!! Not least get the arrears wiped!!!!

 

Please feel free to read up on the CCA more if you want to check my info and I really hope that you haven't lost out. But in essence you are right they are in default and you can stop paying them,...this doesn't stop them finding the documents eventually and then being able to enforce the debt again!!!

 

Gooders

[jackster77]

Hi Gooders

 

thanks for the reply on my thread:D thought I was bad with arrears over 3k but 7k thats a nightmare

 

did you right to them after the 12+ 2 days had passed to let them know that they had 30 days to respond or they would be comitting a crime or did you sit tight and say nothing

 

whats the latest update with your case - did they respond by April 8th?

[Gooders]

Jackster,

 

Unfortunately they replied on 7 April!!!!!

 

They have provided me with all 4 CCA's although I cannot read one of them!!!! I will be attacking the charges and arrears as soon as I can free up some time on other cases! I fear that it will be a long battle and as I am already in the middle of 4 or 5 different actions I cannot devot the time to it at the mo.

 

My advice to anyone, for what it is worth, is after requesting the CCA and they default after 12 working days is that if you can afford to keep paying. If after a further calander month they dont get back to you your position is so much better......you risk making a few payments but if they have the info then you arent going to get away from it.

 

I will update when I can but I can argue against the charges they have applied as I sent the defferement notices (cant prove it unfortunately) and they never made any attempt to get in touch with my POCs and just let the arrears build up which IMHO is unfair and profiteering!!!

 

Gooders

[jackster77]

I agree with you re letting the charges building up

Its not that I'm trying to get out of paying them its the fact that they keep adding arrears to the account

 

for example if your total loan payment is for £200 per month and you have agreed to pay SCL £100 per month on the arrears they still add the balance of the £100 on to your arrears - so basically its like 1 step foward and 2 steps back :-|

 

i got 1years statement of them - and to be honest there were no charges on it just arrears

I will not be giving this crowd much attention untill I have sorted out MBNA and Bank of Ireland

 

Good luck with your other claims

[Bookworm]

Thread moved to Students Forum. (now we have one!)

[oojakapipi]

Gooders,

from reading through peoples threads on this site, your contract needs to be legible, if yours can't be read they are not providing you with the correct information, have a look at the threads on the debt collection agents board when you get chance.

[blacksheep1979]

Sorry I may be totally off the mark here but I thought that if a financial institute failed in a cca request that yes the debt was unenforcable but not that you could reclaim any monies already paid.

[noomill060]

Just to let you know SLC have now caved in to my claim:

 

 

http://www.consumeractiongroup.co.uk/forum/students/78206-noomill-student-loan-company-2.html