Advice: How to handle Student Loan Collectors

ljm102

Hi all,

I need some help, I'll try and keep this super short!

• Sept 1998 Start Uni
• Jan 1999 Take Student Loan, give email address and my parents address which has never changed since
• 2002 Graduate and move to Ireland, Informed them of my address by phone, received no papers
• 2004 Moved to France, called to inform of my address, received papers, filled them out, heard nothing.
• 2009-2016 - Didnt work, Stay at home Mum
• 2011 or 2012 3 different debt Collection agencies from UK and France sending weekly letters for several months saying they did not have my address and details (but they had been sending me these letters by post?!) It was awful and stressful. They added a load of penalty fees saying I had Asked them to send papers. THINK I filled them in (not sure) saying I wasnt working. Heard nothing. My parents heard nothing.
• 2014 - Moved to Switzerland. Called SLC to give them my address. Hear nothing, received no papers.
• 2017 - Another debt collection agency is now chasing me. Calling me in the evenings and sending me emails. Funny how they suddenly have my email. THE SAME one since 1998.

In short, the SLC administration have never managed to get to a point in their paperwork where I have paid back a penny, despite me trying to keep the contact rolling.

What I'd like to know is this:

• Ive no problem paying back the loan obviously, I own it and I've tried to cooperate! But I havent pushed, who would? I have a massive problem with all the new fees (a lot) which are NOTHING to do with me and EVERYTHING to do with the incompetency of the SLC administration. They have always had my contact details and address. I have never 'hidden' from them.
• How do I proceed? Shall I hire a UK based laywer and have them deal with it? It's just too stressful with current personal medical issues. On top of this, depression can make it almost impossible to face up to anything official, particularly when they think I'm the bad guy.. Can anyone recommend one?
• Can I call the SLC and try and ask that I don't deal with debt collection agencies. There's no reason for them to have handed it over given they've always had my address, they've just not used it!
• Is the loan not statute barred anyway?
• I earn over the threshold, but the monthly payment for Switzerland is just too much with 3 children! I literally could only afford half of what they want.
• Just ignore them, I'm never moving back anyway?!

Thanks for your advice.

sourcrates

Hi,

There are ‘old style’ and ‘new style’ student loans. Old-style student loans are for students who started their university course before September 1998. New-style student loans apply to students starting their course from September 1998 onward.

The Limitation Act says that the limitation period for student loans is six years.

The cause of action (when the limitation period starts running) for old-style student loans, is usually when the loan became due for repayment in the April following the conclusion of your course. However, if you asked for it to be deferred within the six year limitation period, this would have restarted the limitation period.

For new-style student loans, the cause of action is likely to be when your earnings reach the set level at which deductions from your wages can begin.

Because the Student Loan Company (SLC) can take money directly from your wages, it might be more difficult to use the Limitation Act.

Any loan you still owe 30 years after your repayments were due will be written off.

Contact National Debtline in the UK for advice.

Ed-1

sourcrates wrote: »

Any loan you still owe 30 years after your repayments were due will be written off.

Only for post-2012 "new style" (income contingent) loans.

Pre-2012 income contingent loans are written off after 25 years if taken out after 2006 or at age 65 if taken out before 2006.

Income contingent student loans are exempt from consumer credit legislation so can't become statute barred.

Mortgage style (pre-1998) student loans are a different kettle of fish and are all now owned by private companies but it appears the OP has income contingent loans.

BrassicWoman

Hello,

you need to actually fill out a deferement form every year. Did you do this, and do you have copies?

sheff6107

This is the new modus operandi of SLC. Stick on penalty charges at the earliest opportunity and then refer everything to a chain of powerless debt collection agencies and wash your hands of it. Plenty on The Guardian about this national scandal.

I would print a load of address labels for the SLC in Glasgow, stick them on any unopened debt collection letter, blank out your address and stick them back in the postbox.

Notice how they never go legal or make any court claims. It's simply a case of inflating charges and sendimg empty threatograms.

TrustyOven

sheff6107 wrote: »

This is the new modus operandi of SLC. Stick on penalty charges at the earliest opportunity and then refer everything to a chain of powerless debt collection agencies and wash your hands of it. Plenty on The Guardian about this national scandal.

I would print a load of address labels for the SLC in Glasgow, stick them on any unopened debt collection letter, blank out your address and stick them back in the postbox.

Notice how they never go legal or make any court claims. It's simply a case of inflating charges and sendimg empty threatograms.

This is one of the reasons why I am eager to pay off my 2002-2005 student loan. Another 2 years of normal payments will see it paid off in full, but i can afford to get it out of the way quicker.