to think they can't expect me to pull £5k out of my arse!

[Knakard]

Tried this in money matter but no respone so though i would try here for more traffic.

Would really appreciate any advice on this.

My partner went back to uni 5 years ago to re train as a teacher. he did 2 years a ski year to convert his degree and then his pgce year. he is now in his 3rd year teaching.

When he went back to study we didn't take out any student loans but he was entitled to various grants on top of his bursury as he had a dependant (ds). We had to sumbmit papaer work each term re my income and nursery fees ect.

At the end of his 2nd year they wrote to us to say they had done the finally calculation and we had been over paid by £2.5k overt the 2 years. I couldn't see how this could be right as we had submitted everything at the time and my income had not fluctuated.

About a month later we recieved a letter saying actually they had under paid by the £2.5k again several phone calls ensued asking if this was correct ect and the amount was paid into our bank.

Now knowing how crap they had been we kept the money to one side for 2 years incase it was another error. we finally used it at the start of this year for home renovations thinking we had left it long enough.

last week we recieved a letter to say they had now calculated we had been over paid by £5k (im assuming the origional 2.5 over plus the additional 2.5 paid. Dp has conctaced them and they have said it must be paid back in 12 months. 5k in a year would cripple us at the moment, but they have said we have no choice but some one would call us back this week to discuss options.

Now today a baliff letter has come through demanding the full amout now.

Where do we stand with this? can the demand it all back straight away after a series of their cock ups and a 2 year gap?!?

Thanks for any help, sorry its so long.

Can't really offer much help I'm afraid but didn't want to answer. Is it perhaps worthwhile talking to the CAB and seeing what advice they can offer. Failing that, would you be able to speak to the uni where your DP did their training and ask their student support services where you can go to get some advice.

Sounds a rubbish situation and I hope it all works out ok.

I don't know, hopefully someone will.
Don't let the bailiffs in; they can't break in, but can walk in an open door or climb through an open window.

Are you sure it is a bailiff and not a debt collection agency?

Who exactly were the bursaries paid by?

I am fairly sure bailiffs can only come and seize goods after a court order or for very specific debts (like council tax) so I'm guessing it's likely a debt collection agency. Do not let them into your house if they turn up on your doorstep. Contact whoever granted the bursaries and make a proper appointment to talk to them. Also, dig out the papers you signed to see what, if anything, it said about over or under payment situations.

Yeah, CAB.

Sorry they're fucking you about like this. The worry must be massive.

Thanks all. Yes your right its a debt collection agency, didn't realise there was a difference.
The grants are paid by the student loans company (which seemed a bit odd)
Dp is rining the debt collectiona agency when he gets home to say he is trying to sort with student loans comp.

Trying to make a cab app but typical they are only in school hours and won't speak to me and dp cant take any time out in school hours! AHG!

How about his union - I'm guessing this isn't the first time that something like this has happened and they may be able to point you in the right direction for advice?

Have you had court proceedings? As far as I know, baliffs can only be appointed once a court judgement has been given against you or for certain types of debts.

I suspect you may have had a letter from a Debt Collection Agency.

As a starting point I would write back to the Uni pointing out that you supplied all relevant information at the time, that any error that has occured is entirely theirs and requesting a full breakdown of any calculation that they have made. I would also remind that that a substantial amount of time has passed where they have had ample opportunity to discover their error. I would insist that they remove the matter from any debt collection agency until they have justified in detail their entitlement to any repayment.

You need to get professional advice. This is their fault and passing it onto a debt collection agency is very heavy handed.

A friend had a similar situation with an NHS trust who overpaid her salary. She involved our union (BMA) and as a reasonable amount of time (? 5 years) had passed they had to write off the debt.

In general as it is their fault you are entitled to repay at a rate which does not cause you hardship so if that is £10 / month then that is what you pay.

Debt Collectors. Bit of experience unfortunately.

Do not ring them. Especially do not let them have your phone numbers. Anything you want to say to them put it in writing, and make it clear that this is the only way you will communicate with them. Sign on Delivery too.

Sounds like the debt has been passed on to them by the Student Loan Company so you may not get any joy from them.

If it turns out you do have to pay it back, then you should beable to set up a payment plan, they will get you to fill in a form showing your incomings and outgoings.

Do not let them bully you. There is loads of information on line about how to deal with Debt Collectors - Money Saving Expert is good.

Please dont let em have your numbers, I did and they made my life a misery til I found out what they can and can't do!

I would definitely try your DH's union. In the meantime I would dig out all your paperwork.

I am not an expert, but I think they are on much shakier ground if the amount they paid you matches amounts you were specifically told in writing you were entitled to receive (as opposed to the paperwork being for a lower amount than the transfers).

Personally I would not be making any admission you need to repay until you have checked out the legal position.

Overpayments (i.e. they tell you you will receive £3500, but actually pay £4,500 into your account) are a straightforward debt. I suspect it is less so if they have repeatedly told you that the amounts you have received are correct and you have relied on that representation.

Ooh yes, go and post this on one of the Money Saving Expert forums. They have people who massively know their stuff.

Thanks chaz, yes its a debt collection agaency, can they do anything?

I'll get cracking on a letter tonight i think.

Its just so bloody stressful just a we thought we were back in the black after ds, then dp retraining. have just finished paying for everything for our wedding at end of july and were going to start ttc dc2 soon after. I thought the struggling was coming to an end! just want to cry :(

You need to get them to provide a breakdown of how they've worked their new figures out.

They need to be able to demonstrate to you how they firstly miscalculated the overpayment then the underpayment.

The fact they messed up twice would make me incredibly suspicious of whether they have got it right on the third time.

I'd get the breakdown and a copy of how they are supposed to work things out. Then take it from there.

Agree with whats said. Don't let them into your house.

Go onto the Consumer Action Group forums. They have a lot of people on their who are experts on dealing with Bailiffs.

If you haven't already you should contact the Independent Financial Ombudsman. Sorting out this sort of dispute is exactly what they're there for, they're completely free, and impartial (they're government-run).

They'll decide what they think a fair resolution would be, and you can either accept it or take it to court. If you accept their decision, the business you're in dispute with has to abide by their ruling.

It's worth a shot if you don't want to spend money on legal fees (yet).
Good luck!

Phone the studentloan and ask:

• a written statement of how they've calculated the overpayment. You need to check that there is an actual overpayment and for the amount they state.
• a copy of their overpayment recovery policy and their code of conduct. They must have one by law and it may state that in exceptional circumstances the debt can be reduced or even written off if it would cause financial hardship and/or if you have met all your obligations and are not at fault in any way. At the very least there should be provision to apply for more time to pay.
• make an appointment with CAB only once you have this info in writing. They can help you draft a financial statement showing that the paying this deb back would in act cause severe hardship and they an negotiate on your behalf.

Good luck

Debt collectors have no rights to enter your home etc. They can just hassle you up to a point.

www.direct.gov.uk/en/moneytaxandbenefits/managingdebt/debtsandarrears/dg_10034289

Thank you so much to all who took the time to respond. I feel so much better and feel like we have some options.

Will be sitting down with dp tonight to go through them all carefully.

Thanks again

OP & Pixielicious you can only use the ombudsman once you have gone through the internal complaints procedures. They will not hear your case until all other avenues have been tried.

I agree with others up thread, your teaching union, money saving expert.

Please don't worry. A bailiff would only be used in the event of the debt going to a county court. As others have said union, cab, mse, consumer action group. Be prepared to do an

Income/expenditure form so that if the figures are correct you can make a monthly Payment that suits your budget.

Small update, wrote letter last night quite pleased with it. Thanks for all the advice.

Letter arrived this morning for them ( obv before they will have received ours) saying they have calculated an under payment for 2008/09 trying to give us £3k!?!?!

FFS!!!

Student loans are rubbish.

They paid DS's tuition fees when he had specifically asked them not to - at the time he had no loan from them whatsoever, but had to register to be given the bursary he was entitled to from his uni, for A level grades.

After several increasingly irate phone calls, they wrote confirming that they had received the money back, and he owed them nothing. Would never be surprised if it raised it's head again though!

Don't believe the Debt Collectors if they claim you have to pay it back all in one. Also don't believe them when they try to claim to do you a favour by saying "Ok, we can offer you a deal to pay it back over 3 months but that is the best we can do". It is bollocks. If all you can afford is £10 a month, they have to accept this so do not stress about trying to find £5000 from nowhere.

As far as I know with them, once the debt has been passed onto a Debt Collectors, they (in your case, the Student Loan Company) have nothing more to do with the debt. But considering your circumstances, it is only them really that can sort it.

I am really surprised they passed it over so quickly. They usually at least wait a month or two.

Get on to CAB. They really are the best people to ask for advice in your situation.