Student Loan Agreement....

anitlom

I thought this post was about whether student loans are enforcable without a signed credit agreement. The answer to which is still not known, although I believe if the loan was under the old term 97 ish then it would be covered by the CCA ruling but later ones.

fermi

anitlom wrote: »

Okay are student loans not covered under the CCA? I dont know for sure but if they have lost your original credit agreement for example a loan from your bank - they would not be able to take you to court because they have no signed agreement. A bank could prove you had the money but without a signed agreement it becomes unenforcable. I don't know whether that applys to SLC

Pre 1998 SLC agreements are covered by the CCA.

s127(3) CCA1974 states that unless a signed agreement exists (containing certain key information), a court is not entitled to make an order enforcing the agreement.

This applies to agreements from the SLC as much as any other creditor.

You still owe the money; you just have a valid defence if they went to court.

Poolie

Getting back to the point of this thread. The Student Loans Company should be able to prove that you were paid the funds therefore there must have been a signed document so the funds would be released. They should also be able to tell you which bank account any of these payments were made into.

fermi

Poolie wrote: »

Getting back to the point of this thread. The Student Loans Company should be able to prove that you were paid the funds therefore there must have been a signed document so the funds would be released. They should also be able to tell you which bank account any of these payments were made into.

Completely and utterly irrelevant when considering whether it is legally enforceable now.

Taiko

The sections from the regulations which I posted earlier on in this thread should override that fact, though.

fermi

Taiko wrote: »

The sections from the regulations which I posted earlier on in this thread should override that fact, though.

No they don't. A court is not entitled to make an order enforcing an agreement if the creditor cannot produce the original agreement. Those regulations have no bearing on that fact.

That is backed up by judgement from the High Court and Court of Appeal.

And under the Civil Procedure Rules you are entitled to demand that the creditor produces the original agreement to support their claim.