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Government will prosecute students who don't repay student loans Watch

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    (Original post by GoldenFang)
    The power to make regulations is conferred by statute, and ministers can't make regulations in areas outside the statute. So for example, you couldn't use a power in a railways act that allows the Secretary of State to create regulations for purposes connected to the railways to create a new criminal offence of, say, loitering while drunk.

    Furthermore, creating new criminal offences is done through statutes not regulations.



    The tax collecting power actually, essentially, comes from the budget bill, and the crimes of tax evasion and so on are in statute law. Tax regulations may from year to year change certain types of liability or the percentage of the take or the kinds of exemptions permitted (almost anything involving numbers that can be subject to change will be made in regulations). But the criminal offences themselves are a creature of statute law, as would be any new offence the government sought to create to penalise students who fail to repay a loan.

    Furthermore, primary statutes override regulations, and there is a primary statute that abolished imprisonment for failing to pay a debt (the Debtors Act 1869). The abolition of debtors prisons was a major 19th century social reform, I'm skeptical about the likelihood of the Tories seeking to overturn such an entrenched legal protection.



    You forget that the House of Commons doesn't make law by itself. Even if we assume that Tories like David Davis and Dominic Grieve and their mini-caucus of sane Tories agreed to support this bill (I suspect not, Grieve particularly would be aggrieved by such legal vandalism), it still has to pass the Lords where the Tories don't have a majority and where it would be likely to attract serious opposition.

    Anyway, we clearly have very different opinions about the likelihood it could happen, so we can just agree to disagree
    Not at all, I realise that criminal offences involving sentencing and so on require acts. I suppose there would be a big fuss if they tried to extend HMRC-like powers to the Student Loans, but maybe the fuss could be managed by first declaring them to be under the HMRC, a bit like tax credits, then by bringing them into line with other HMRC collection methods, etc.

    I don't know if criminal law would be very relevant anyway, as presumably it's already a crime to falsify student loan applications - the area we are discussing is collection methods. The offence is refusing to pay, or evading it. I suppose we are talking in reality about advancing debt collection methods, which is what they say in that document embedded in the Independent article.
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    (Original post by Rakas21)
    I don't see how any of you cannot cheer the Tories on here.
    That was about the weirdest possible way you could have phrased that.
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    (Original post by High Fly To Left)
    That was about the weirdest possible way you could have phrased that.
    Some of the other comments looked politically motivated, hence it was a bit of a trap.
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    I couldn't be arsed to read through the entire thread, but nevertheless this isn't going to be on everyone. Those who use our education system then leave without paying it back while they're abroad should be prosecuted, if I took out a loan then decided to run off I'd too be prosecuted so I don't really see what the issue is here.
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    (Original post by TSRFT8)
    Why should the rich have too pay for the poor, are they your slaves? **** off with your ********, take out a loan and you pay it back.
    Because that's the system that western society is based on.


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    But tbf the student debt after university is horrendous and high enough for people to do a runner.But if someone's lending you money you're obliged to give it back and those who are trying to evade repayment should be prosecuted. I'd be livid if my wage was deducted to pay back my student loan when other people are getting off scot- free. No thank you. But I think now that the government has scrapped the maintenance grant, more people will try and evade repayment.
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    (Original post by Reader106)
    But tbf the student debt after university is horrendous and high enough for people to do a runner.But if someone's lending you money you're obliged to give it back and those who are trying to evade repayment should be prosecuted. I'd be livid if my wage was deducted to pay back my student loan when other people are getting off scot- free. No thank you. But I think now that the government has scrapped the maintenance grant, more people will try and evade repayment.
    So someone earning, for example, £31k a year would rather do a runner (and face the sanctions that might bring) instead of paying the £75 per month they owe...

    £75 is not exactly "horrendous".

    That's £2.50 a day.

    That's a starbucks... for a university education.

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    (Original post by jneill)
    So someone earning, for example, £31k a year would rather do a runner (and face the sanctions that might bring) instead of paying the £75 per month they owe...

    £75 is not exactly "horrendous".

    That's £2.50 a day.

    That's a starbucks... for a university education.

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    It's not the rate at which they pay that is horrendous, it's actually very generous and it should be more IMO. It is easily affordable to pay triple that at 31k - easily. Which alleviates the problem of less people paying the full thing back in their life. What is really horrendous is the size of tuition fees in the first place which has nothing to do with the loan itself.
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    (Original post by jneill)
    So someone earning, for example, £31k a year would do a runner (and face the sanctions that might bring) instead of paying the £75 per month they would owe...

    £75 is not exactly "horrendous".

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    True,but I meant that knowing that they'll be in £30,000 in debt by the time they finish university and they could be paying back the debt well into their 40's is enough for some people to do a runner. And more often than not, it's the people who earn a not-so-good of a salary, eg. £21K a year, who do a runner.
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    (Original post by Reader106)
    True,but I meant that knowing that they'll be in £30,000 in debt by the time they finish university and they could be paying back the debt well into their 40's is enough for some people to do a runner. And more often than not, it's the people who earn a not-so-good of a salary, eg. £21K a year, who do a runner.
    Those are the people who are below the payment threshold. They don't have to pay anything...

    No need to get any running shoes on at all.

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    (Original post by ron_trns)
    It's not the rate at which they pay that is horrendous, it's actually very generous and it should be more IMO. It is easily affordable to pay triple that at 31k - easily. Which alleviates the problem of less people paying the full thing back in their life. What is really horrendous is the size of tuition fees in the first place which has nothing to do with the loan itself.
    Eh?
    The size of the tuition fee is everything to do with the size of the debt.

    If it was lower, the debt would be lower...

    But the total size doesn't actually make any difference to someone's day to day life. The monthly repayment amount is low, and yes that means you pay it for a long time. But its not going to significantly affect your day to day budgeting, or ability to get a mortgage, etc.



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    (Original post by jneill)
    Those are the people who are below the payment threshold. They don't have to pay anything...

    No need to get any running shoes on at all.

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    Oh sorry, noticed my mistake, I meant a salary that just scraped above the threshold, my bad.
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    (Original post by Reader106)
    Oh sorry, noticed my mistake, I meant a salary that just scraped above the threshold, my bad.
    So if they are on £22k they pay just £7 per month. Again, not worth running from.

    http://www.studentloanrepayment.co.u..._schema=PORTAL
 
 
 
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