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In a mess and cannot get out

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  • In a mess and cannot get out

    I seem to be in a terrible mess and hope someone can help. As a mature student I took out various Student Loans between 1997 and 2000. Due to illness and unemployment I have never been in a position to repay the full amounts but have continued to pay a nominal monthly amount of £10 that has been accepted. About 2 years ago, I received a letter from the Student Loan Company saying that a company called Thesis Servicing would be collecting the direct debit instead. I eventually received a letter from Thesis saying they wanted me to pay £28 a month. I telephoned them and said that I could not afford that amount and they would not accept the amount I said I could pay. The following month the £10 got taken out and has been taken since then.

    I do not have a bank account of my own and the person who's account I used brought it to my attention that a £28 direct debit was also being taken along with the £10. It had in fact been taken for a number of months. ( This has left me with another debt and no chance of using that account for any new transactions) I asked the person who's account it is to stop the direct debit because I was confused as the previous amount was still going out.

    On investigation, it transpires that the SLC only sold one of my loans, and the other 2 were still being serviced under the £10 a month that was set up years ago.

    I looked on the net to see if I could get any advise on how best to proceed as the calls between Thesis and myself were not getting anywhere and they would not accept a lower amount. I was advised to get confirmation of whether the debt was enforceable by Thesis (still don' t quite understand what that means) I used a Template letter and applied for a copy of my credit agreement on 11 November 2010.

    I received a letter back from a company called link finance dated 10 Jan 2011 (2 months after my original request ) sending me a photo copy of the original agreement which does show my signature but not one in the box that says on behalf of student loan company. Is a photo copy acceptable as 'a true copy'??

    I don't know what to do next and am pulling my hair out with worry. Thesis are hounding me n the phone. When they called I asked if they would allow me to record the conversation because they had gone against my previous instruction not to raise the direct debit. They refused to allow me to record it as evidence so I refused to speak to them. That was a few days ago and they have been phoning morning, noon and night this past couple of days. Can anyone advise me please : (
    Tags: None

  • #2
    Re: In a mess and cannot get out

    Hi. Got this from the 'net. Hope its of use?

    Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) 6 years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.
    Old style or “mortgage” student loans are consumer credit agreements. Payments cannot be automatically deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitations Act can apply if you have not paid or acknowledged the debt for over 6 years. (Asking for the loan to be deferred could count as acknowledging the debt and start time running again).
    From September 1998 new style or “income contingent” student loans include rules to say that repayments are automatically deducted directly from your wages or through your tax return if you are self employed. This means that the SLC are still allowed to take money from your wages for a loan over 6 years old as they do not have to go to court to do so

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    • #3
      Re: In a mess and cannot get out

      Hi Jomo17,

      I'm sorry you're having problems and hope they're soon resolved for you. With regards to the phone calls, can I advise you to keep a detailed log of any calls they make to you? This could be construed as harassment and may be of benefit should you wish to complain about them in the future.

      Comment


      • #4
        Re: In a mess and cannot get out

        Thanks for your response, but I'm not sure it helps me. I was paying the student loan company until September 2008. A letter from thesis dated 29th September 2008 said the administration of my loan was now being shared between SLC and themselves. Its hard to work out who is meant to deal with each part of it. After I stopped paying I tried to organize a financial statement to prove I could no pay more and it was during this process I applied under section 77 and got a photo copy reply after 2 months. I have spoken to the SLC today and they say that the debt is owned by Thesis outright and they cannot help me. Does the fact that they failed to act within the prescribed time mean that I can write to them and say because of they have not sent the credit agreement that the account is in dispute and that they should therefore cease harassing me.

        say ' The lack of a credit agreement is a very clear dispute and as such the following applies.
        ------------------------------- merged -------------------------------
        Originally posted by Mrs James View Post
        Hi Jomo17,

        I'm sorry you're having problems and hope they're soon resolved for you. With regards to the phone calls, can I advise you to keep a detailed log of any calls they make to you? This could be construed as harassment and may be of benefit should you wish to complain about them in the future.
        Thanks for the tip Mrs James
        Last edited by jomo17; 9th February 2011, 16:17:PM. Reason: Automerged Doublepost

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        • #5
          Re: In a mess and cannot get out

          Also if you so wish record the calls you do not need there permission to do so.

          Harassment template letter

          http://www.legalbeagles.info/forums/showthread.php?t=81
          If you think nobody cares if you're alive, try missing a couple of payments.

          sigpic

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          • #6
            Re: In a mess and cannot get out

            Thesis, is a trading style of Link Financial Limited!
            And are notorious for pursuing old student loans...

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            • #7
              Re: In a mess and cannot get out

              There are plenty of horror stories about Link Financial and Thesis on the web...
              Here is an example:

              http://www.consumeractiongroup.co.uk...ead.php?212677

              Comment

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