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Does he accept it has been paid when it should not have been please?
The subject of student finance is very confusing and even now we can only accept that a mistake has been made because Student Loans Company has told us so. To work out the precise mechanism and values involved would be impossible unless you ar eon the inside.
To. quote from letter of apology dated 17/2/2014 - "On review of Daniels account it appears when Daniel was first assessed he was incorrectly awarded full funding including a maintenance grant. Because he was entering his second year of study he was only entitled to a reduced rate maintenance loan for this academic year." I suspect that the alleged overpayment relates to 2009/10 academic year and the mistake discovered when the assessment for 2010/11 was being reviewed - but I am not 100% convinced. DAniel had no idea that he wa snot entitled to the funding and it was spent in good faith.
They have made a demand for payment with the threat of passing the debt to solicitors for collection.
Ok - if he has been overpaid then sadly he does owe it. It can not simply just be written off.
This is because any payment even in error is still a payment and is a debt.
However what he can do is arrange to pay it back weekly or monthly.
If he is not work and on benefit this may be as low as £4 per week
But if he is earning it will be higher.
But sadly if it ended up going to Court he would lose.
This was money that he was not entitled to, although it was an error on behalf of the student loan company, so it is actually recoverable.
But he can agree and arrange installments
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Thanks. Not the answer I was looking for! I thought there may have been a get out under the estoppel principle! Genuinely received in good faith and spent!
Sadly that would not apply here.
I know its not the answer you want.
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