Need help fighting Student Loans Company

[Vampyra]

I had an old style Student Loan when I started higher education in 1994. I eventually went on to University and graduated in 2001.

 

In April 2002 I signed a deferement form to take me to April 2003 - though I hasten to add I last made contact in such a way in 2002.

 

In November 2002 my mother had a serious stroke and I became her full time carer on full carers benefits.

 

Come Feb/March 2003 I recieved a deferement form which I duly sent off.

 

They claimed they never recieved it. I asked for further deferement forms and although they claim to have sent them, I never recieved them. Due to my caring role, I put them to the back of the pile and thought they would send me one one day.

 

They contacted me about a year and a half ago stating my account was in default and was being passed to a debt collector. I telephoned them and explained I wasn't working and wanted the deferement forms I had been asking for. They told me this usual twist of "only able to defer for the previous 3 months" and said they would get a form to me asap.

 

It never arrived.

 

My mother is now very hard work to care for. Alzheimer's and physical disabilities. Since graduating I had one job for 6 months which was under the SLC threashold of £17000 ish.

 

I have received about 4 letters from a debt collection company - DCA - whom I don't have their name to hand at present. This stated I was in arrears by some £9000 and to contact them for immediate payment. I have not contacted them.

 

I also got a default letter from SLC yesterday stating my outstanding balance is £10000 plus interest which equals nearly £17000. They have stated I am 51 months in arrers and this is the first time they have contacted me about this part of the loan.

 

I guess they are saying I owe £9000 + £17000 = £26000

 

My issue is, is that I never agreed I was in default or arrears as I have never been in a position where legally I should be paying this back. I believe they have broken the contract by not sending out the deferement forms and sending my loan to a DCA.

 

I am wondering if I should CCA the account and then SAR it?

 

Also, it the last time I technically made any motion to agree to owing this in April 2002 by signing a deferement form, surely this becomes statute barred in April 2008?

 

All advice on SLC and old style loans greatfully received.

[emmaf01]

I would first CCA and SAR them. Then reclaim all the unlawful charges.

 

If you can defer then do. If you are on Disability Living Allowance/other disability benefits you can defer for three years during which you do not need to pay off arrears.

 

If not, use the budget planner in the general debt section of this website to show what you can afford to pay, and send the planner to the SLC.

[Vampyra]

Thanks for that Emma. Sorry I've not been back but I had internet problems.

 

I have been on DLA for a number of years and they DIDN'T defer my account for 3 years initially. Obviously I have not had any contact about this for 5 and a half years and thus the Statute Barred will kick in in 6 months. I am concerned though that although I haven't had contact since Feb 2002 for April 2002 deferement, that the contact is considered to end in April 2003? Tricky.

 

All advice greatfully recieved.

[emmaf01]

To get a special cases deferment, you need to send a letter from your doctor stating you will not be able to work for the next three years in with your deferment form. Send everything special delivery, so they have to sign for it.

 

Then get them to refund their numerous unlawful charges, and don't worry about it for the next three years, as they can't chase you.

 

Just shout if you need any help!

[gamequeen88]

i almost giving that up, you know

 

i don't have any confident.

[Vampyra]

I have been having numerous nasty letters from Buchannen Clark and Wells threatening court action over the first £11,000 of the loan. Then today I had a letter from the Student Loans Company demanding £216.08 per month for the next £17,000 of the loan. It also stated I had to pay the £11,000 NOW. I have also been told on numerous occasions they will only back-date the deferrement by 3 months and anything else they say you owe they will chase you for - even if I can prove I have NEVER worked and earnt over the threshold.

 

I am going to do an SAR - when I have some spare money, and a CCA, but I am quite concerned this new letter states I have 5 different accounts with them - one for each year apart from '94 & '95 as one account and '96 & '97 as one account.

 

They have failed to send anything pertaining to if I need to defer the account.

 

They make my blood boil - they are cheats and liars. I'd happily go to court for a judge to hear they are harrassing someone for payment who has been a full time carer on benefits since she graduated! In fact this is something the press would be interested in!

[Vampyra]

Just a quick aside - when I CCA and SAR them, as they claim their are 5 accounts, do I have to send then 5 requests? That's £50 in SAR and £5 in CCA - I only live on £100 a week!

[Thepower]

No just one SARs is per conpany not per account.

send 1 cca letter asking for you agreemnet(s)

 

 

 

 

****IMPORTANT****

CCA only applyies to pre 1998 loans covered in by the 1973 consumer credit act (CAA)

 

if your loans are post 1998, please post again

[Vampyra]

As I was on 2 different courses both which started pre 1998 although the course finished in 2001, should that be 2 credit agreements?

[Thepower]

The old style was 1 agreemet per year

 

looks like the pre 1998 style,

[Vampyra]

Lovely - sounds better!

[Thepower]

Ask for your agreement(s )keep it deliberately vague

If they only send you one you can still get them on no compliance

Remember your trying to get to prove you owe them the alleged sum

If they only send one the sum will differ greatly from alleged debt…… bingo