Student finance/Ombudsman

cattie1

Edit: I give up! It won't let me delete it .

My argument was surrounding the numerous errors on my account over 4 years by student finance and then the Ombudsman saying I should complain in 2019 about something I wasn't told about until 2022. 

The errors caused by student finance caused the debt. But the fact that everyone else is confused by it confirms my point in the complaint. 

No need to respond. 

Brie

So if you have overpaid and you agree that was the case then one might suppose that you should repay the money.  I do agree that a demand for immediate payment if unreasonable.  Adding it to your loan would be suitable except that you might not ever pay that back, depending on your salary and how much is paid back over the allowed period.  So this means it stay as a separate debt.

So assuming you agree that it's a debt to be paid I would suggest that you write to them and ask for suggestions on what might be a reasonable way to repay.  I would also suggest that, assuming you haven't already admitted you owe the money, that you phrase it in such a way as to not admit you owe it.  Something like, "if, as you claim, I owe you money what terms would you give for paying it back?"

Now to my simple mind if it's taken them 3 years to tell you about this debt they should allow a minimum of 3 years to pay it back.  If that is not possible then you might try paying back at nominal rate of maybe £10 a month. 

BUT back to the idea of you not admitting you owe the money at all.....I'm wondering if it is any different from other debts that if you don't admit to owing it for at least 6 years then it would be come statute barred and thereby unenforceable.   

Brie

Ah but I can see that you were aware of irregularities in 2019.

Student Loan company have overpaid me — MoneySavingExpert Forum

cattie1

Brie said:

Ah but I can see that you were aware of irregularities in 2019.

Student Loan company have overpaid me — MoneySavingExpert Forum

Nope. That is something separate. It also says 2017/2018.  That is also much less than what they are saying I owe now and also paid off. 

I complained about the errors that were made during this period that they informed me of in 2022. Also, more concerning is the fact the Ombudsman have either lied about reading the document/EVIDENCE from student finance stating THEY INFORMED ME OF THE DEBT IN 2022!  or they accessed a document that was protected. How did they manage that? 

Brie

But is there any chance that when looking at your complaint they confused the two issues?  Easy enough to do.  I'm confused so perhaps they are too.  But using a solicitor and going to court?  You won't come out ahead even if you win I think.  

cattie1

Yeah I genuinely think that's what they have done.  Thankyou, that kind of proves my point! It IS confusing (it is even more confusing than this!) and I have said to them it is confusing so I would understand if they said "oh sorry, yeah we missed that" but they just refuse to acknowledge what I am saying or look any further into my complaint.

I did think that about court. They would win anyway as I am just the little poor person. 

 I just want them to admit to their error. I'm quite shocked and concerned over them saying they have read a document they wouldn't have been able to access.

It is just extremely unfair and frustrating. I have been failed so many times now, firstly by student finance. Then by the MP who "missed" my complaint so added 7 months onto my complaint and then by the Ombudsman who haven't considered all the documents and then closed the case due to their errors. 

silvercar

They would not be able to open this particular document without my permission/something from me, whuch I originally provided to the MP but I can see from the screenshot the Ombudsman provided me with to "prove" they read everything that the MP has not included this detail/information.

Can you expand on this? Why would a case go to the ombudsman without them having access to all the documents? Could the MP have sent the open document rather than one requiring a permission? Or alternatively, sent the access (password or code etc) under separate notification for security?

The way student finance works is that any money overpaid to you is repayable immediately. There is no method of having it added to a loan (as that would effectively mean you were entitled to the money as a loan rather than a grant, but still entitled to it) and it would then become part of your student loan). So the way student finance works is that any sum of money is:

a) entitled as a grant. No repayment required

b) entitled as a loan. Repayment as part of your student loan repayments ie 9% of earnings above the relevant threshold etc

C) not entitled. Immediate repayment required.

You seem to be arguing that an amount given falls under (c), but they should accept it as (b). Student finance doesn’t work that way, not least because (at least true in 2019 and 2022) the majority of students don’t repay all the loan before it is wiped.

Putting aside the fact that you weren’t notified in 2019, do you feel that you were entitled to the money? Is that a case worth fighting? Or that they should accept that they told you in 2022 that you weren’t entitled? 

Where is your MP on this now? 

How much of the debt is still outstanding, given that you said they took some of it back from your disabled students allowance?