I'm assuming the main reason i would be asking for the strike out would be for being unable to provide a copy of the Default notice ? Many Thanks

Just an update, i received the attached from honours yesterday and the court order on Saturday. I think it is pretty bad Honours are trying to encourgae me to secure this debt against my house and then pay it back at £10 month over the next 30 odd years ! Also the default Notice has none my information on it and has spelling mistakes ! they have provided a screen print apparently showing the date they issued a default notice but this doesn't appear on my statements and i was still getting charged interest for another few years. Any advice to what i do next ? from what i understand honours will say they have provided all the documents that i requested so now i need to ammend my defence ? Many Thanks

I have done that and thanks again for your help .

Attachment

Thank you so much for those useful links loads of information on there. i am just filling out my Alocation questionaire. i have one question if anyone can help Drydens say the default notice was issued on 19/12/2005 they have also given me "complete statements of accounts from inception to the date of our inbstruction" i have enclosed the relevant bits. surely if i had been defaulted wouldn't there have been a mention of it in my account statement ?

Got this 10 minutes ago.

Hi ,just to up date i've enclosed copies of my credit agreement that was received and are barely readable and not signed by anyone at the Student loans company. My defence that i submitted at the time was that i disputed the claim but was unable to submit a full defence due to drydens not supplying all the information to enable me to do this.They have now sent all the information to me and i need to fill out a fully pleaded defecne. The route i am going to go down is that Honours are unable to provide a copy of the Defult noitce and i never received one and therefore the cancellation of the credit agreement was unlawful . Any other input /suggestions would be appreciated. Thanks

bump. i sent a CPR 31.14 request after receiving court papers. i acknowledged service on the 14/07/09 so a deffence needs to be filled on line today. i received credit agreements i could not read nor are they signed by the Claimant and they are unable to provide a default notice as there claimant does not retaina copy. below are cuttings of the response i received from them. i read this is as they were not going for judgement , until i was provided with a all relevant information , but from 42mans post last night and reading other threads i got a feeling if i don not file a defence tonight Northampton will just grant judgement against me. Should file my defence on Money Claim tonight. many thanks "3. Because this is an assigned debt, our client only holds limited statements. It is seeking copies of earlier ones from the original creditor and we will let you have these when they are available. This can take up to 28 days but we confirm we will not request judgement until 14 days after these have been sent to you." "Otherwise ,we will let you have copies of the agreement and suggest a deadline for you filling a defence in due course."

If drydens say they are not seeking judgement until the send the statements do i still have to file my defence i acknowledggment oif servcie was was 14th July 2009 so the fourteen days are up today what do i do can i get an extension as i'm still waiting for information ?

the agreements are terrible cant read any of the T & C's haven't tried with a using a microscope though ! As for default notice can they issue procedings with out acually defaulting me, without writting to me ? what would be my next step , i would actually like to see my deferment letters how do i go about geting these ?

i received recorded delivery reply from Drydens yesterday details below. Dear Sir, in response to your request for documents we would comment as follows,using your own numbering: 1. Copies of both agreements are enclosed,along with legible versions. These were sent to you before on 7 Ovtober 2008 2. Our client does not retain a copy of the default notice so we are unable to comply with this request. 3. Because this is an assigned debt, our client only holds limited statements. It is seeking copies of earlier ones from the original creditor and we will let you have these when they are available. This can take up to 28 days but we confirm we will not request judgement until 14 days after these have been sent to you. It is noted that you query limitation. You were not due to enter repayment on these loans until 1999 at the earliest. You applied for deferment a number of times between 2001 and 2004 and made repayments as recently as april 2005. Each application for deferment constitutes an acknowledgement for the purposes of section 29 (5) of the limitation Act 1980,allowing our client six years from the date of each to bring a claim. Each part payment works in the same way, meaning our client could have brought a claim at any point up to April 2011. We trust this resolves this point for you. Please note our client is always willing to try to come to a resoulition to avoid the need for protracted court proceedings. Our client may therefore be prepared to enter a repayment araangement rather than pursue a judgement,depending on your circumstances. if this something that interests you,please do not hesitate to contact us on 01274 ..... Otherwise ,we will let you have copies of the agreement and suggest a deadline for you filling a defence in due course. Seems like they dont want to go to court ? Also can i ask them to provide evidence of me defering as i'm sure i was earning more than there defeerment limit. Also i never received a DN adnt they cant provide me with a copy either. As always any advice would be appreciated.

Many thanks i have edited and sent recorded delivery ,i'm trying to rack my brains when i last deferred i asked pay roll and they cant remember righting anything for me for years. Thank you for you help and i will keep you all informed of developments.

I have called Honours to ask them some information about my student loans and they said as court action has commenced they have no information on me what so ever and to contact Drydens ! Drydens informed me that i had two loans this really doesn't seem right to me i wouldn't be getting two loans in one year .They couldn't tell me the last time a deferment request was made , i no i made a couple. i acknowledged the claim today and have 14 days for my defence , i really need more information though such as copies of the agreements , payment history , and deferal history . Should i submit SAC request ? although i wouldn't have the information before the 14 day deadline. any advice would be appreciated.

just bumping if any one can help please really dodnt no how to fill in the claim form ,and is the debt statute barred ?

Wondering if anyone can offer some advice , i today received county court papers for non payment of my student loans taken out in 1998/1999. About 6 months ago i asked for copies of my loan agrrements which i never received , also i have never ever made a payment and i finished university in 2000. If i have not made a payment in 6 years is it satute barred ? are student loans covered by this ? any advice would be hugley appreciated many thanks. Paul

Thank you for the time that must have taken you , it reads very well . i will phone the court this morning and make sure i can use the mentioned form . once again thank you for your help.

Not had any dealings with scotcall , but have had loads of problems with capquest, HL legal , from what i understand HL legal are the solicitors for Capquest investements , i would imagine they have bought your debt , and they are not a nice crowd at all .

Hey Scabhunter oro anyone else. i Paid of my sisters Debt to capquest the day before a charging older hearing , both capqwuest and HFL solicitors confirmed that payment was received in full and this would be disclosed at the hearing and no action would be taken. She received a letter on saturday confirming that a charging order had been placed on her property for the amount i had paid off the day before , cant believe that an order was made for a debt that had been paid all ready i can only assume they didn't reveal it as they wanted £250 more in solicitors costs , god i'm bloody livid. How do i go about getting this order revoked and making a complaint ? Many thanks in advance .

lol so didn't mean that typo, bloody dyslexia. Many thanks for the template shall send off tonight and keep you informed. Thank you .

cheers for the reply i cant seem to find that template letter can you point me in the right direction please. As for the other stuff Brain Carter is all paid off but i'm sure they will start again with another judgement as the original was noyl for 10% of the amount. Capital one we have a charging order case on the 7th january but she should be able to pay it off by then , just a question if those i supposed to take place in Bradford can i request it to be at my local court , a delay of a few weeks would help her out a lot. Cheers for the help .

Just an update please see attached letter from turnballs. i submitted the cca request on the 15th November and chg was cashed on the 19th , i have yet to receive any respnse. where do i go from here. My ssiter can afford to pay £40 month but i advised her not to make any payments until we receive the credit agreement. any advice would be appreciated. turn.pdf

i sent the cca to turnbulls at lunch recorded delivery , as the HFO adress was just a po box number, might send one there as well. aslo going to fill out a N244 and try and get the C! set aside as she didn't receive the papers . can someone point me in the direction of some who defended a claim by Brian Carter as the debt was split , so i can look at that as way of a defence. thanks for your help guys.

my sister said she didn't receive any notifications of the judge ments being awarded, and i can fine no paperwork concerning it. i found a letter from Brian Carter saying something like you have failed to make the payments requested by the court and they have applied for a warrant for a bailif. as for the c1 they said you have failed to pay the money the judgement awarded and they are requesting enforcement of the judgement. sorry this so messy. As for the CCA doi isend it to HSO or turnballs ? Cheers

Cheers for the reply , yeah there is evidence doctors notes and presecriptions for anti depressnats etc. who do you go about defending a claim after the CCJ's have been awarded , thats where i want to start. Thank you

there is no CCJ form barclaycrd she just has a final notice from Turnbull Rutherford Solicitors acting on behalf of HFO Services are (God knows who they are) Will do a SAR for all 3 credit cards today. As for the judgements she has no idea what she is supposed to pay paying for them , should we start paying something ? Thank you for you help .