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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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In 2009, my daughter finished school and went straight to Chelsea

Customer Question

In 2009, my daughter finished school and went straight to Chelsea College of Art. She was under 19 so not liable for student fees at that time. She completed a form regarding a student loan, which she believed was just a preliminary assessment to see if she was eligible. She didn't need a loan as we were still supporting her. Unfortunately, she entered her debit card number (10 digits) instead of her bank account number (8 digits) and it transpired that the number she had entered was shortened and the money was paid into an account (which is not my daughter's account) - a loan in excess of £4,600.
My daughter left Chelsea College after 1 term as she was unhappy there, and she worked as a waitress in order to go travelling. In 2011, (while she was still abroad) I was shocked to receive a letter from SLC regarding the loan which until that point, we had no knowledge of. Since then, there has been correspondence between my daughter, myself and SLC, including a letter sent by recorded delivery to them on 24/04/2013 to which no reply was ever received. Her bank in Egham, Santander, has confirmed that no funds have ever been paid into my daughter's account from SLC, but that an account number does exist with them, (which matches the shortened number of my daughter's debit card) which did receive the funds, but the owner of that account has failed to acknowledge as being mistakenly paid. Even though we have given this information to SLC Special Investigations Department, they are adamant that my daughter must be liable for repayment.
It seems inconceivable to me that SLC would have paid the money into a bank account for which the number supplied was obviously too long. We have found the account where the money has been paid, so why won't they approach the account holder to repay it? My daughter has since completed her degree, but it seems very unfair that she has this loan hanging over her when she never received a penny of it.
I would be very grateful for your advice.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola,
Thank you for your reply; I would be grateful if you would continue to see if there is someone who can help us.
I look forward to hearing from you in due course.
Thank you and kind regards,
Yolanda Cavalli-Cook.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Please continue to search for a suitable professional, we need help.
Thank you,
Yolanda Cavalli-Cook
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
Are you asking if you can escape repayment? If so, I can only give you bad news. This is not a test of fairness. It is a test of law. They have lost money. I realise that she hasn't gained but that was only because she gave them an incorrect number. That is not their fault. She is very definitely liable.
The reason they cannot approach the account holder is that they have no contact with them but they do with your daughter.
However, she could approach the bank and ask them to investigate the error. In fairness, the account holder should have noticed as well and reported it. If an error can be found then the bank might well claw it back.
If the issue had been flagged up immediately it would certainly have been actionable. It might be that the delay is a problem now.
Im very sorry but they can enforce their contract.
Can I clarify anything for you?
Jo

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