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Student Loans and Trust Deeds

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(@lyon356)
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Joined: 15 years ago
Posts: 1
Topic starter  

I have just received a demand letter from Thesis who say are acting on behalf of SLC saying I need to clear my arrears of ?ú2,267. I signed up for my trust deed in 2006 and was under the impression my student loan was part of that. Can anyone help? Not sure if this is right and if it is why have Thesis waited until arrears are at ?ú2k before saying they are taking further action. Confused.com!


   
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(@porcupine)
Estimable Member
Joined: 15 years ago
Posts: 206
 

My understanding is that Student Loans cannot be part of a Trust Deed, but am sure one of the experts on here will clarify it soon enough....


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
Posts: 13594
 

Hello lyon356 and welcome to the trust deed forum.

When did you originally take out your student loan?

Porcupine is correct about the newer student loans, which are generally payroll deducted anyhow.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@porcupine)
Estimable Member
Joined: 15 years ago
Posts: 206
 

I took a student loan out in 1990 & 1991, I've still to make a payment towards it as my annual salary is below the threshold, could I have added that to my Trust Deed........?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Porcupine,

Hopefully one of the experts can confirm the position with this.

I think that these student older loans might be treated differently with respect to trust deeds but am not 100% certain.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi all

Student loans are exempt from Trust Deeds in terms of S.20 of the TD regulations, however the definition of a loan is:

'a loan made under the Education (Student Loans) Act 1990(b) or by virtue of regulations made under paragraph (f) of section 73 of the Education (Scotland) Act 1980(c).'

I am aware that there are different types and some may be included in a TD. May be worth while checking if the loan fits the above description.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@porcupine)
Estimable Member
Joined: 15 years ago
Posts: 206
 

Ach.... Worth a try Mark.....

I'll just need to pay it back when I start earning enough......


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Student loans, as in those available to all students on eligible courses from the Student Loans Company, can no longer be included in a trust deed. However, this is a fairly recent change and was NOT retrospective. Therefore if you signed a trust deed before 1st April 2008 and had student loans outstanding at that time then they ARE included.

So it seems that both Porcupine and Lyon356 will fall into this category and can inform SLC/Thesis accordingly (and your trustee too if trust deed is still ongoing).

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@porcupine)
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Joined: 15 years ago
Posts: 206
 

Rules me out I only signed my Trust Deed in 2010....

Thanks for the info anyway Kevin....


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Ah, my mistake. You win some you lose some I guess - poss good news for lyon356 at least.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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