tobciocc vs slc (the defence)

tobciocc · 15th February 2008, 15:12

Well I put my claim in about 3 weeks ago, notified that SLC where putting in a defence. Recieved the defence today and basicaly it suggests that the charges on my loan (and interest) are in line with the terms of my loans. Also that they are not disproportionate. should I do anything? the case is been refered to a district judge, is that normal.

Any advice or reassurance is most welcome.

hedgey06 · 18th February 2008, 23:25

Hi tobciocc,

In order for others to advise further, can you post up some further details please? E.g., if you could scan in your PoC/the defence somebody should be able to comment on them and advise you whether everything is fine or if you need to make any amendments.

noomill060 · 19th February 2008, 18:54

I got the same load of twaddle.

Dont worry, it will never get in front of a judge.

They will soon contact you offering you all the money you claim (without admission of liability of course!)

noomill060 · 19th February 2008, 18:56

"the charges on my loan (and interest) are in line with the terms of my loans"

Doesnt make them lawful, though does it?

" Also that they are not disproportionate."

In their opinion only. Who cares what they think- we know better, dont we?

tobciocc · 20th February 2008, 23:47

Yes thats the sum of it, they say the charges are fair and etc etc. Also says see attached sheet and there isn't one. Basically they don't highlight anything in the agreement I signed that proves what they say.

I guess they hope the claimant will get cold feet and stop the claim, not me.

BTW thanks for the responses.

noomill060 · 21st February 2008, 00:27

The case has been refered for full trial before the District Judge as they dispute your claim, this is quite normal.

has a date for trial been set yet?

As you see from my SLC **won** thread, they will leave it until closer to the hearing date before waving the white flag.

noomill060 · 21st February 2008, 00:31

If you could scan the defence and post it up we could help better, just in case, eh?

Remove your own details first, of course.

tobciocc · 22nd February 2008, 20:03

HI again ... sorry for the delay, this is the defence.

1. It is admitted that the Claimant has an outstanding loan ££P$$$$$$$

2.Interest and charges have been applied, it is denied that these have been applied other than in accordance with the terms of the loan.

3. No admissions are made as to the allegations of how the claimant came to make the allegations now made in the particulars of claim.

4.The Particulars of Claim do not particularise the grounds on which, and the extent to which, the charges applied are alleged to be disproportionate or unjustifiable. Each allegation to that or similar effect is denied. The Defendant reserves the right to respond further to the particulars of Claim when they have been further particularised.

6. (?) Without prejudice to the above, and, for the avoidance of doubt, and so far as it is neccessary to allege this, the charges satisfy any requirements of reasonableness where (which is not admitted) such a requirement applies by reason of the regulations referred to in the particulars of Claim.

7. It is denied that the Claimant is entitled to the remedies claimed or
any remedy.

Thats the defence, sorry its long winded but thats the SLC for you. Is this the normal defence strategy?

noomill060 · 22nd February 2008, 21:43

Did you use the CAG bank charges Particulars of Claim?

tobciocc · 22nd February 2008, 22:28

No not as such, I outlined what I was claiming and why. I also attached a list of all the charges added to my loan, when they were added and the total. Also the same sort of list for monies I have already paid to SLC.

tobciocc · 22nd February 2008, 23:07

I remember now, I got it from the moneysavingexpert website.

noomill060 · 23rd February 2008, 16:20

Could you put it up here?

tobciocc · 23rd February 2008, 21:28

Do you mean the template I used?

noomill060 · 24th February 2008, 00:49

What ever it was that you used as particulars of claim.

tobciocc · 27th February 2008, 21:58

Sorry still trying to find the original template, its similar to other I've checked.

However today I received a letter from Capquest demanding the disputed charges from me within 7 days. Surely this is really dodgy as its gone to court, is there anybody I need to tell about this.

I also received a letter from the court giving me a date of 27th March for a preliminary hearing.

noomill060 · 27th February 2008, 22:20

Ignore the Capquest letter. The amount is legally in dispute, they cant touch you. Tell them to f*** off.

Make a photocopy of it and send it to the court, asking them to add it to your file and ensure that it is brought to the attention of the judge.

noomill060 · 27th February 2008, 22:28

Contact the court and tell them that you wish to modify your particulars.

There will be a fee for this.

You are welcome to use my PoC and refer to my legal action against SLC.

Im going to give one of the moderators a shout as to how you can do this.

Dont worry.

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