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I am studying at a US university, on a student loan from a UK company - funds are paid directly to the university.

The loan provider already disbursed the loan amount to my university's finaid division, but now I have received a tuition waiver so I don't require all of it.

When I told the loan provider this, they said:

You will need to inform your school's financial aid office to return any unused funds to us. However, please note that refunds take 3 - 6 months to be received as this is a US regulation. You will be charged interest for this time.

What regulation might this person be referring to? I have asked them but they're now on holiday for 2 weeks.

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  • You need legal advice. This is not the place to get it, paradoxically. Every situation is different and without knowing all the details, it is impossible to give good advice. This site is for discussing generic legal issues, not specific ones. Commented Jan 31 at 15:13
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    @MindwinRememberMonica I'm not asking for advice. I'm only asking for what law or rule is being talked about in this context.
    – spatial
    Commented Feb 1 at 20:16

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The most likely section of regulations is 34 CFR Part 682, which is about educational loans. This only regulates what are known as "Federal Family Education Loan" programs, where the Dept. of Education guarantees against losses on loans made under 4 specific programs (Stafford Loan, SLS, PLUS, Consolidation Loan Program). Let's assume that somehow your loan falls under one of these programs so that is is federally regulated. Then, you would owe the money lent to you and you can be charged interest, under §682.202. But there is a provision for returning borrowed money, in §682.202(c)(7) that

A lender must refund by a credit against the borrower's loan balance the portion of the origination fee previously deducted from the loan that is attributable to any portion of the loan—

(i) That is returned by a school to a lender in order to comply with the Act or with applicable regulations;

(ii) That is repaid or returned within 120 days of disbursement, unless—

(A) The borrower has no FFEL Program loans in repayment status and has requested, in writing, that the repaid or returned funds be used for a different purpose; or

(B) The borrower has a FFEL Program loan in repayment status, in which case the payment is applied in accordance with § 682.209(b) unless the borrower has requested, in writing, that the repaid or returned funds be applied as a cancellation of all or part of the loan;

(iii) For which a loan check has not been negotiated within 120 days of disbursement; or

(iv) For which loan proceeds disbursed by electronic funds transfer or master check have not been released from the restricted account maintained by the school within 120 days of disbursement.

Hence there are circumstances under which one could end up owing interest for money that ends up being returned.

The wording of the response "refunds take 3 - 6 months to be received as this is a US regulation" sounds like a confabulation, there being no US regulation requiring a 3-6 month delay to transfer money from the US to the UK.

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  • This is not FEFL. Guess I'll have to wait till vacation is over.
    – spatial
    Commented Dec 29, 2023 at 19:44

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