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Abroad student Loan repayments Not

Mahuro asked:

Hello All

I’d like to ask your advise as to which would be the most efficient way to deal with this situation. I thank you in advance.

I left the UK for north america in 2011, I have now received 2 letters asking me to provide my details, I said I was unemplyed (which I was) and sent letters of severance etc. They replied saying they will start adding up montlhy fees that I should pay and give them my details. I said I was not working and had no money to pay, I am freelance and sometimes go for months without work while supporting a family of 4, is hard to make ends meet as it is ….I took the loan in 2002 until 2005 .. I payed while I was working in the UK from 2007 until 2011.

I received other tow letters that I did not opened and returned with “return to sender, person not living here” or something …. I have actually moved to a different address …My guess is that the account went into default….

I want anyhow deal with them thugs, for divine justice sake… I am in no comunication with them and I know they sent letters to my previous address in america. I see a few options:

1- acept for value and say there it is claim it from the bottomless pit of money that is the trust created with my birth certificate (see common law)

(downside, I am re starting comunication if I do this ….)

2- send the three letters…never done it before …

3- send them a leeter asking them for prof of contract ( is that part of the three letter ?)

.Your courage is encouraging , good work, please share the outcome for those of us about to start this path… What you suggest I should do ? as I said, I want to deal with them, sort it out

Thanks.
Mahuro

ceylon replied:

your choice but if they dont have your new address yet i would do nothing for the time being

Mahuro replied:

Hi Ceylon,

thank you for your advice. Ok, sounds good to me 😉 for the time being

But I want to be prepared….in the case that they find a way to contact me, or get hold of my contact details … what if hey contact me saying my account is in default ? …how would you deal with it at that point ?

Many thanks again.
M.

Faljay replied:

A bit confused here. Is this alleged debt UK based? If so, then you are outside their jurisdiction as you now live in USA, so why would you even care what they send you?

😀

Mahuro replied:

Hi Fijay,

Thank for your input.

Since I first wrote here I have now moved on again, now to another country in the common Wealth ( the irony …) not sure how or if they work together …

The people at me previous addresses kept receiving mail, even recorded one ( which is not very helpful) I have now instruct them not to do that …

Anyways I simply want to be prepared, as I know they are not simply going to forget it, not without a fight, and I want to be ready, cause I had enough of this bullshit….

So ….if the case arises, now or in the future, what would you suggest I do ? I’d like to know if anybody had experiences fighting the SLC ? what is their expperience ? anyone has stood up to them and simply not complied ??

Thanks !

Faljay replied:

Hi Mahuro,

I can find nothing to suggest that the UK courts have any jurisdiction in any Commonwealth country. SLC will certainly not have any jurisdiction to act outside the UK. I assume SLC do not have your current address? If so, to be honest, I would forget them and move on with your life, as if they cannot find you – even if they had jurisdiction – there is nothing they can do. Besides that if the Student Loan was in place before 1998, it will already be Statute Barred [6 years to SB status] if you have not paid or acknowledged it. If after 1998, it will be come Statute Barred in 12 years under the same circumstances.

Hope that helps.

Take Care. 😀

Mahuro replied:

Hi Faljay,

Many thanks for your taking time to reply. I got kids and life can be pretty hard as it is without paying thugs for their rackets. The loan was inplacefrom 2002 I think, and I paid until 2011 when I left Eng. So I don’t think it is barred quite yet ….

Your words are encoraging. They don’t have my address here, but as most people I am registered and have ID documents and all of that and a NAME ( that is not mine …. you know) …. Can I ask you one last thing ?

You say even if the UK courts had any kind of jurisdiction, there is nothing they can do ….. this is what I want to know ( and know very well ) how and why they can not do anything ? …what would be my argument … thanks for your time mate !

creditshampoo replied:

SLC take 9% of your earnings over £324ish a week.

If you don’t have an income they don’t take money.

As you’re in America just ignore them.

And SLC debt doesn’t affect your credit rating or default

Faljay replied:

Why would you need an argument, this is a civil case not criminal, which again, would only be allowable if the country you live in gave their permission for jurisdiction.

Let’s just say they were allowed jurisdiction and took you to court – as unlikely and costly as that would be – what can they do to make you pay? Nothing, it is not a criminal offence, so they have no powers to enforce anything.

Personally I would forget it and move on with your life, and as I said, they don’t have your address and it would cost them a lot of money to trace you, let alone any costs of taking you to court, even if they could, which is, again, highly unlikely.

😀

Mahuro replied:

Hi Guys,

Thank you for helping me clarifying the situation. Thanks Faljay you are a star ..!!

Mahuro replied:

Hey Guys …

So after about a year or so .. now I have started getting phone calls from a company in Leeds called transcomm ( I am abroad) …

I looked them up and they are a transnational (yes across the borderds with offices in very country ….) thing is as Faljay said this is a civil issue and there is no way I am going to pay for this ..specially knowing the corrupt mps that pass the laws to get students into debt, when to university for free !!

is a matter of principle …so I am expecting to at some point be contacted by the local branch of this firm ..as I am not answering anycalls …..

I may need to get some letters out … I’ll let you know …

Cheers.

Faljay replied:

Hi,

Transcom are a glorified debt collection agency with branches worldwide, or so they claim, and as such, if they are acting as agents for SLC, they have few if any powers to do anything. Any claim they make – legal or otherwise – must originate here in the UK, as SLC are a UK based company, therefore they must, if they wish to take legal action, get permission for jurisdiction in the US. Also, under FCA regulations they must have a written contract to act as an agent, and also written permission for all actions they may take, otherwise they are acting outside of the rules. I can post up the regulations concerning this if you wish.

They have no more power than any other DCA acting as an agent. I would ignore their calls and wait and see if they contact you in writing, which they must if SLC do intend legal action, but if that’s the case, as this is a UK based alleged debt, then they must work under UK Law, not US Law, and that’s where the debt collector letters may well come in handy. Of course, all this is supposing they gain jurisdiction, which you can challenge.

If I were you I would look into the law concerning jurisdiction outside the US and see what you can discover, especially as this is a civil matter and not a criminal one, then they may not be allowed jurisdiction. And, as I said before, it will be a costly affair for SLC, even if they can gain jurisdiction.

Hope that helps.

Take Care.

😀

Mahuro replied:

Hi Faljay,

I will look into it. As you suggest … my gut feeling is what we know … bullying and nothing else…. but I’ll be prepared, thanks man.

M.

squeed replied:

Hi, I was just reading this post and I am in a similar situation, I had a loan from 2008 to 2011. I unfortunatly failed to finish my uni course due to a motorbike accident. In 2011 I left the uk and moved to Ireland, since then they have been badgering my ex boyfriend and my elderly parents for my address, of which neither have provided on my instruction, but this is very worrying for my parents who now think im being a bit dodgy and my Dad even thought he would have to pay it all back!!

I read in an article that the SLC are paying people to go to countries outside of the uk to look for former students! I am on social welfare here and have 1 child dependant. I feel pretty bad for not finishing my degree, but no-one asks to fall off motorbikes, let alone fail a course I had studied for 6 years only to find myself, not only incurring the usual bull regarding the loan itself but also having spent the last semester`s money. I just dont know what to do about it. They dont have my current home address but I do wish they would leave my parents alone.

Thanks in advance, Squeed

Faljay replied:

Hi squeed,

Have your parents write to them quoting the following FCA regulations, which they have breached, and Tell the SLC to stop contacting them immediately, otherwise they will pursue the matter in court under The Protection From Harassment Act 1997, as well as report them to the Financial Ombudsman Service [FOS], the Financial Conduct Authority [FCA] for their records and the Information Commissioner’s Office [ICO], for breaching the Data Protection Act 1998 by disclosing personal information and data to a third party without permission from you:

Communication with third parties

7.9.6: A firm must not unfairly disclose or threaten to disclose information relating to the customer’s debt to a third party.

7.9.10: A firm must not disclose details of a debt to an individual without first establishing, by suitably appropriate means, that the individual is (or acts on behalf of) the borrower or hirer under the relevant agreement).

Take Care.

😀

squeed replied:

Thanks so much. It is very worrying when my parents are put on the spot, and my ex also. None of them need hassle from anyone regarding my debts.

I will have a proper look tomorrow when I have a fresh head on me.

Many thanks, 🙂

squeed replied:

Hi,

I have an update on my student load situation.

They emailed me a couple of days ago asking me to contact them as soon as possible.

It was only a matter of time before they started trying to contact me using my email address, here is what they wrote;

###

Please respond within 72 hours of receipt of this email.

Dear Lynne Stevens

We have been attempting to contact you. Please contact us to confirm your current contact details and employment status. This is to enable us to update your information accordingly and to ensure that any future communication will be sent promptly.

Please call us on 0300 100 0603, if calling from overseas please call 0044 141 626 3770. Our office opening hours are 09.00 to 17.30.

Alternatively, you can email your information by responding to this email address and providing the following:

Address:
Home Telephone Number:
Mobile Telephone Number:
Email Address (if changed):
Employed Yes/No:

If you have any concerns about providing the details we have requested then please refer to the Student Loans Company website, www.studentloanrepayment.co.uk for further information.

Please be advised this email address is for the purpose of providing the requested information only. If you have additional queries, do not hesitate to contact us on the telephone number detailed above.

Yours sincerely

Student Loans Company
100 Bothwell Street
Glasgow
G2 7JD

The registered office of Student Loans Company is at:

21 St. Thomas Street
Bristol
BS1 6JS
Registered in England No. 2401034

###

Should I just delete the email and block it from my inbox?? and then just ignore it?

Many thanks in advance.
😉

Faljay replied:

Hi squeed,

You are under no obligation to confirm a damn thing to them.

Keep the email just in case, spam their emails and keep in the folder, and keep an eye on what they send you.

Take Care.

😀

squeed replied:

Many thanks. I have kept it in a folder and will spam the rest. I knew it was only going to be a matter of time till they emailed me.

Cheers, 😀

mapletoad replied:

Sorry for the thread bump, but came across this thread when I googled the email I got from SLC recently – I got one of those “We have been attempting to contact you.” emails like squeed. I assume it’s safe to just disregard this?

Just wanted to say that it’s nice to see people on here who are sympathetic to this issue as opposed to making me feel bad, it’s tough enough for people like myself to afford to live without student loans on top of that, the whole concept of student loans and tuition fees was another example of baby boomers screwing over our generation.

I graduated 7 years ago and had not heard anything from SLC since then until this email this year. I emigrated immediately after I graduated from university and no longer reside in the UK. I have never made a payment to SLC. I have also never given SLC updated contact information such as my phone number, address or anything like that. My parents who were on the forms for the financing originally no longer live at the address they gave at the time. The only trail I have left is on my UK Credit report, which does show a recent address in my new country (where I am now a citizen), but as far as I can tell, SLC have not ran a credit check on me, nor do I think they are even legally allowed to do that. The address is only on there because I still have a UK bank account – I repaid all my student overdraft on this but apparently all UK banks report to credit agencies regardless of whether you actually have any sort of credit with them.

I may pay this Student Loan back eventually, though it is very interesting what Faljay said about it being Statute Barred in 12 years. Only 5 years left on that so we shall see what happens. There is just absolutely no way I could afford it right now, especially with the only repayment options being from a UK bank account. They should start accepting credit cards for repayment at least.

Faljay replied:

No need to apologize, it’s your thread.

As you’re out of their jurisdiction and they don’t have you address to find a way to take legal action [even if they could], just ignore their email and in 5 years they can whistle as it will be statute barred, so you will be debt free and your GB credit file will be clear.

Take Care and Good Luck for the Future.

😀

Tiggy replied:

They are statute barred from commencing proceedings – but they don’t need to start proceedings as student loans taken out after 1998 are not covered by the Consumer Credit Act so are not simple contracts as such.

They are now linked to HMRC and are therefore, collectable through Tax Codes – (ie they don’t have to commence proceedings to collect) so should you ever return to the UK either as a PAYE employee or self employed they could collect through imposing a higher tax code.

Faljay replied:

Any simple contract becomes statute barred after 6 years under the Limitations Act 1980, so why would they then state that student loans taken after 1998 will take 12 years to become statute barred?

Take Care.

😀

Tiggy replied:

I really don’t know, everything I’ve read about student loans post 1998 says they don’t use Court to collect, so the Limitations Act doesn’t come into it as no Court Action needed (the Limitations Act being a limit on Court action commencing).

Is it SLC themselves who’ve said 12 years ??

mapletoad replied:

That’s fine, I don’t intend to return and work in the UK – I even let my UK passport expire – so I’ll cross that bridge if that ever happens.

Interesting, in that case it sounds like they have very little power to enforce this then. Are you saying that SLC has never served a CCJ for a post 1998 loan? It’s all just debt collection agencies?

Tiggy replied:

They have greater power to enforce as they don’t need to go to Court, they get repayment from the Income Tax system.

mapletoad replied:

For domestic taxpaying residents, yes, but not for those who no longer reside in the UK, which is the situation I was referring to.

Tiggy replied:

No, but not everyone reading this thread is an ex pat !

mapletoad replied:

True, some people just take temporary time away, and it’s definitely important to understand that that Statute doesn’t help in those cases because they can continue to collect through income tax.

But as I said before it raises an interesting point – does SLC ever go beyond docking UK paycheques?

Providing someones remains abroad, SLC will never pursue legal action? I know there are european students who have SLC loans and have returned to their home country – which is why I thought they must enforce it on at least some level internationally. Someone earlier in the thread mentioned that a company called “Transcomm” called them about it even though they now live in the States, which is why I thought they must at least use debt collectors.

It’s important to me just because I would really like to know (a) what I can expect to happen and (b) whether I am at risk of any legal problems if return to the UK for a couple of weeks to visit family in future.

effteedee replied:

They can only take money through taxation once you earn over a certain amount (may be wrong but around 17k sticks in my mind), and even then it is only at 9p in the £ for every pound over the threshold ….

All the best 😀

Tiggy replied:

You’d have to research jurisdiction and reciprocal student debt collection arrangements in the Country you’re in. For example, there’s someone on here being chased in the UK for an alleged debt incurred in Switzerland, so it is possible.

As to legal problems on return for a couple of weeks, doubtful. This is a Civil issue, not criminal.