Question:
OK its boring (student loans company),
and I'm almost embarrassed to explain
the situation but I could use a
little advice so I was paying £70
to a debt collection agency in order
to pay arrears on my student loan.
I was under the impression that
this would be an ongoing arrangement
until my loan was paid off. After
about 6-10 (not certain of how long
this arrangement lasted) months
of this I got a letter from the
student loans company saying I now
owed them £1100 in arrears!! I wasnt
able to pay this and I offered to
continue my existing arrangement
which I was told would be OK.
Well no money
went from my bank account and I
called them about 6 weeks later
to find out what was happening only
to be told they had passed it onto
a (different) debt collection agency.
Ive now contacted this agency and
offered them £100 a month (which
is close to the maximum I can afford
due to helping my partner with her/our
debts) which they are refusing to
accept since I am not eligible to
defer the loan repayments and they
are insisting that the minimum they
will accept is £220 a month. At
my wits end with them I told them
that we might as well sort it out
in court.
Anyways, my
question is that given that at NO
POINT was I informed that I was
accruing additional debt (although
I suppose I should have realised)
and that I've made a reasonable
offer to repay the existing debt
(although Ill obviously be falling
short of ongoing payments) what
options do I have and if this goes
to court (as is likely it seems)
- is it likely the court would accept
my repayment offer is reasonable?
- would the lack of information
regarding the fact that I was becoming
increasingly in debt be taken as
a mitigating factor? - would the
lack of action to inform and recover
the increasing debt make this action
reasonable? - would I be liable
for court costs? Any advice or perspective
appreciated.
Answer:
How long is it since you left university?
If it's within the past year or
two you could try approaching the
Student welfare part of your Students
Union office (if you were in the
SU), they might be able to help
with advice etc. Just a suggestion.
I don't
undertsand how you can be 'in arrears'
to the Student Loans Company. You
don't need to pay anything unless
you are earning over ??10k pa, and
after that it is taken automatically
from your pay via the PAYE system.
The only case in which the arrangements
are different are if you are self-employed.
Perhaps you could explain a little
more about your employment siutation?
I have always found the SLC to be
arrogant to the point of rudeness,
talk about lack of customer service!
If
they take you to court, then the
court will consider if your offer
is reasonable. If it is then no
judgement will be given and the
company are stuck with it. The court
will also take into account the
fact that £80 was accepted by the
creditor as reasonable (the change
of company is irrelevant to the
court). If no judgement is given,
then no court costs would be awarded
against you. In any case a debt
of £1100 would likely qualify for
the small claims track, so the only
cost that could be awarded is the
court fee (<£100). You
do not have to pay your loan back
until you are earning more then
£15,000 for the mid nineties student
loans, but you must apply for deferment!!!!!!!!
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