I want to contribute and not just ask a bunch of questions so I'm doing my best to create something of value here.
I've not really properly seen the addressing of student loans under the current system, where your employer deducts repayments on instruction of HM Revenue & Custom (who does so by instruction of Student Loans Company Limited).
So, it's a bit trickier to get these dismissed, it would seem. I'm trying to get my partner's 15k debt written off. He's not fully aware of the whole freeman thing so he still thinks it's some sort of legal loophole. He is not willing to instruct his employer to just "stop" payments -- I myself am unsure what one's employer would say to such a request?
Anyway, here's my letter, which I am writing to the CEO of Student Loans Company Limited and CCing the Finances Department - any suggestions before I send this off? This would help not just my partner, but everyone in the future who is attempting this avenue.
Ralph Seymour-Jackson
Student Loans Company Limited
100 Bothwell Street
Glasgow
G2 7JD
CC: <Contact Name> Finances Department
<Date>
Re: Customer Reference <XXXXXXXXXXXXXXX>
WITHOUT PREJUDICE
Notice of Discharge of Outstanding Demand and Request for Clarification.
Dear Mr Seymour-Jackson
Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.
The reason why you need to read carefully is simple. I am offering conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time.
For this reason it is important that you consider and respond to the offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.
On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.
For these reasons it is recommended that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein.
You have instructed HM Revenue & Customs to deduct payments from my wages via my employer for a supposed outstanding debt of £15,689.70 on 31st March 2009.
I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you:
1.Validation of the debt (the actual accounting);
2.Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
3.A copy of the contract signed by both parties and therefore binding both parties.
I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your tacit agreement to the following terms:
1.That the debt did not exist in the first place;
OR
2.It has already been paid in full;
AND
3.You will instruct HM Revenue & Customs to cease all unlawful demands for payment via my employer;
4.That any further damages I suffer, you will be held culpable;
5.You will no longer pursue this matter any further.
Please Note: No telephone calls regarding this matter will be accepted as an honourable response to this notice. I wish to deal with this matter in writing and I do not give your organisation permission to contact me by telephone. Should it do so, I must further warn you that the calls could constitute ‘harassment’ and I may take action under Section 1 of The Protection from Harassment Act 1997.
Yours sincerely
By: Given-Names: FamilyName; Authorised Representative
No assured value, No liability. All Natural Inalienable Rights Reserved.
Please address all future correspondence in the matter to a direct Human Self, namely Given-Names: of the FamilyName family, as commonly called.
So, what do you think? It's my demands which I am unsure of. I've taken a guess that they could instruct HMRC to cease payments, but I also saw on their website that they only "exchange information" on accounts with HMRC once a year... does that mean they'd do it then, or are they forced to do it immediately? I don't know...
Any thoughts/suggestions from more experienced free men and women? Thanks in advance.
