Student Loans Company & Student Finance Direct

Riot

I am a UK citizen currently living abroad and am having a problem with Student Loans Company (SLC) and Student Finance England (SFE) and would like to know my rights.

In short, SLC have been demanding that I repay a considerable amount of money as a result of an overpayment of a student grant. They have been making the demands for some time and have referred the account to a Third Party Debt Collection Agency who have written to me stating that they will instruct an agency in my country of residence to collect on their behalf.

I have always co-operated fully with SLC but I have refused to pay back the full amount without receiving a full breakdown showing how the calculations were made that resulted in such a considerable overpayment.

(For your information, SFE are the body responsible for the grant assessment and calculations and SLC are the body assigned to recovering the overpayment.)

I have therefore sent my requests for a breakdown of the assessment to SFE on numerous occasions but have not received any correspondence in return. I have even sent letters by recorded delivery so I have proof that they are receiving my letters.

With the threats from Third Party Debt Collection Agencies looming, I would like to know my rights: Am I entitled to demand a breakdown before I make any further payments, and if so, does their failure to provide me with a breakdown forfeit their rights to make such a demand?

Taiko

Doesn't forfeit their rights, under Paragraph 119 of The Education (Student Support) Regulations 2011.

The calculation would be the difference between the amount you originally were awarded and paid, and the amount on a notification letter you'd have received. It would appear they have reassessed your support based on either household income being higher than stated or you withdrawing from the course before the end of the academic year.

Riot

SLC have claimed that SFE removed the childcare element of my funding as they did not receive any evidence of childcare from myself or the nursery concerned. However, this evidence was provided when it was requested so their claims (and their reason for removing the childcare element of my funding) are not justified. They have chosen to ignore this despite my sending them the evidence again. If this evidence has been overlooked the calculations will be incorrect, and there must be a paper trail showing these calculations. Am I entitled to demand evidence in the form of a breakdown of the numbers before I make any further payments?

Riot

I have now received two letters from a Third Party Debt Collection Agency claiming that payment is due in full. I have written back to them on both occasions explaining my situation, but the content of my letters appears to have been overlooked. Please, could somebody advise me of my rights?

My position is this:
I do not believe that the amount they are demanding has been calculated correctly. They claim that the reason for the overpayment of the grant is because they did not receive supporting evidence for the grant, which I sent to them more than once.
Taking this into consideration, I have been demanding for some time that they provide me with a breakdown of the calculation so that I can be assured that the assessment is correct. They have not provided me with such evidence.

So my questions are:
Can I refuse to pay back the amount demanded until they provide me with evidence that a correct assessment has been made? … and where do I stand with the Third Party Debt Collection Agency who do not appear to be taking the content of my letters into consideration?

pinkshoes

You need to WRITE to the SLC, giving them 14 days from receipt of the letter to provide you with a breakdown of they money owed, and that they need to PROVE that you owe the money.

Send it recorded delivery, or at least with proof of postage.

Riot

I have already sent numerous letters by recorded delivery requesting a breakdown of the numbers, and have not received a reply. However, I did not give them the 14 day notice to reply.

If I write to them again giving them 14 days notice to reply, and they do not provide me with a breakdown within the specified time, where does that leave me? In previous posts it has been suggested that this does not forfeit their rights to claim the money so it would be good to know where I stand and what my next step should be.

It would also be very useful if you could advise me as to where I can find the legislation or law (either online or in print) that will support my actions.

pinkshoes

Riot wrote: »

I have already sent numerous letters by recorded delivery requesting a breakdown of the numbers, and have not received a reply. However, I did not give them the 14 day notice to reply.

If I write to them again giving them 14 days notice to reply, and they do not provide me with a breakdown within the specified time, where does that leave me? In previous posts it has been suggested that this does not forfeit their rights to claim the money so it would be good to know where I stand and what my next step should be.

It would also be very useful if you could advise me as to where I can find the legislation or law (either online or in print) that will support my actions.

If they claim you have a debt, they need to prove it.

I would say that if they fail to provide you with a breakdown of the debt within 14, then you will consider the matter closed and no debt owed.

If they took you to court, it wouldn't look very good that they hadn't given you any evidence of what you owe, so would no doubt lose in court.

Riot

Thanks for the information and advice.
It would be useful if there was a legislation or law that would back this argument up with regards to their failure to respond to my requests within a reasonable period of time. Do you know of any online documentation that supports my case?

pinkshoes

Can't think of a law off the top of my head, but start googling "proof of debt" and you should find what you're looking for.

Don't forget to make it clear that you're willing to pay what you owe, but need a breakdown of the debt before you will pay it.

Voyager2002

I fear that the reassuring advice from Pinkshoes may not be correct: SLC is not an ordinary company but has a special legal status (as Taiko hinted).

This sounds like a case of maladministration by a public body: normally the way to put things right would be to contact your MP, but you make it clear that you are not British. Do you have the right to vote in UK elections, and is there any MP who represents you? If so, that is who you should contact. Otherwise, you need to ask your British friends if one of them would contact their MP on your behalf.

Dunroamin

Voyager2002 wrote: »

I fear that the reassuring advice from Pinkshoes may not be correct: SLC is not an ordinary company but has a special legal status (as Taiko hinted).

This sounds like a case of maladministration by a public body: normally the way to put things right would be to contact your MP, but you make it clear that you are not British. Do you have the right to vote in UK elections, and is there any MP who represents you? If so, that is who you should contact. Otherwise, you need to ask your British friends if one of them would contact their MP on your behalf.

The OP said right at the start that s/he is a UK citizen.