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PointyFacedCat

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  1. Hi all, Thank you so much for taking the time to read everything and for your responses, I'm feeling a bit better about everything now. I've sent the holding letter and am now going to do some more research into everything you've all posted above and just generally about the whole thing before I send them my proper response. I'm seeing the Citizens Advice tomorrow so will see what they say. Will update very soon, PFC xx
  2. Hi all, Am back! Had a response from Link a few weeks ago but haven't been able to post until now.(Sorry). It's really long and quite confusing and I'm sure that sometimes they're deliberately misunderstanding me. They keep saying that we know you think this is statute barred when at no time in the last letter I sent to them did I say anything about statute barring, it was all about the Limitations Act section 24 and being unable to enforce CCJs after 6 years and about them getting the CCJ substituted to their name. There's a copy of that letter in post #38 and I'll put a link to it below as well so that you can refresh your memories. They agreed that they broke the Data Protection Act(!) when speaking to my partners father and apologised for doing so. Although they do downplay it and try to justify contacting him by saying that when you take out a student loan you give SLC your parents number in case they can't get hold of you, so that's why they rang them. However they didn't mention the fact that they had already got hold of my partner and we were already corresponding with them by letter - so I don't think they should even of phoned them. that's all kind of irrelevant. The main jist of things is that they think they're right and I'm wrong and they're still going to chase for payment. However, at the moment they have no plans to take any enforcement action (!), the reason they give for this is that it would cost me money!! They seem to be saying that they'll try to recover the money without using enforcement?! Finally they say they'll be prepared to accept instalments instead of the full balance in one go and I think they're saying they might accept less - it's a bit ambiguous - see what you think. They quote a lot of legal stuff, which is often confusing and hard to understand. I'm sure that some of their points actually support my argument, which seems a bit weird, you'll have to read it to see what I mean. Some of their legal points seem to say that they can take certain types of enforcement action (particularly charging orders) without getting the courts permission and this really worries me. The only documents they provided were copies of the original loan agreements, none of the other documents I requested (like a copy of the original CCJ). I'll put a link to their response below. It's a bit long so I really appreciate anyone that reads through it all. I will annotate this copy with comments/questions, as otherwise it'd take forever to explain. It says that I have 8 weeks to reply (so about 4 weeks left now) and I'm really not sure where to go from here/what to say. I'm sure that they must just be trying to scare us into paying as if they could enforce then why wouldn't they? I'm sending them a holding letter until I can write a proper response. (Will link to this below too). I've made an appointment at CAB for my partner and myself as I'd like them to take a look before I respond. Any advice from all you lovely knowledgeable people would be ever so much appreciated! Also help on what I should say in my response letter to Link and advice on what I should actually do now would be gratefully received. Thank you so much, PFC x Files I've uploaded: My letter to Link - [ATTACH]38998[/ATTACH] Links response - [ATTACH]38999[/ATTACH] Holding letter I'm sending to Link until I can send a proper reply - [ATTACH]38997[/ATTACH] Relevant Links The Limitations Act 1980 - The relevant sections are Section 24 - Time Limits for Actions to Enforce Judgements (this is the most important and my whole case rests on this really), and Section 35 - New claims in pending actions: rules of court (This helps support my claim that they need to get the CCJ substituted into their name to take action on it. Link to Civil Procedure Rule 19.5 - used to help back up my claim that they need to get the CCJ substituted to their name before they can take any enforcement action PS. To SuperTramper - sorry for not responding sooner. I was very worried when I first got their response too. However, if they've said to you the same as they said to me then I think it'll be ok. As D says they can't enforce so while they might still send letters etc asking for payment at least there shouldn't be any court action. I sincerely hope not any way! There are still some bits in the letter that worry me. At least all advice given to me should help you too.
  3. Hi All, Just thought I'd give you an update. As yet there has been no response at all from DrysdensFairfax to the CAB's request for more information sent just after my appointment on 16/08/12!! I actually went back to the CAB a while ago (18/09/12) as the advisor I saw left and the lady taking over my case file wanted more information, so I went in to tell her all about it. I explained the situation to her and tried to explain about section 24 of the limitations act. She didn't know all that much about it so she wanted to do more research into it all. She sent me a letter afterwards confirming all we discussed, the relevant bit is below: "In England and Wales the general rule is that once a judgement has been entered there is no time limit within which to start enforcement proceedings. The exception to this rule is that a warrant of execution against goods cannot be issued more than six years after a judgement, without leave of the court. As we discussed this does not mean that the creditor can take no further action, they just need to apply to the courts for permission". I don't think I explained things very well so am hoping that she does do more research. I know that they can go back to court requesting permission to enforce the CCJ but I was of the understanding that it's highly unlikely a judge would find in their favour due to Section 24 of the Limitations Act. Also the paragraph above makes it sound like the only type of enforcement action they need to get permission for is a warrant of execution against goods and that any other type of enforcement doesn't require the courts permission? So am confused again! We did an income and expenditure thing and she said that at present I could offer them £8 a month and that if we offered it officially from the CAB then they should accept this. Although we agreed not to go down this route at present. She wasn't really sure where I was going with it all. She did say that if they do take me to court and I wanted to fight them using this sort of complicated legal defence/technicalities then the CAB probably wouldn't give me legal aid for this as I could just make an offer of payment and legal aid's not really for that sort of thing. I wasn't really sure what to do/say and I got a little upset. She did say she would research it more and that she wasn't making any judgements and if SLC/Honours/Drysdens had done something wrong or if the law is on my side then CAB would help. She was a very nice lady but it's just such an in-depth, specialised area and the CAB aren't lawyers. I really wish I knew a solicitor that specialised in this sort of thing! Although I'm sure that having the CAB send letters on my behalf is helpful. And when I see her again she'll have done her research and I'm going to make sure I'm more prepared and better at explaining everything so hopefully we'll get there in the end. She said that she was happy to write another letter to Drysdens requesting more info - like a copy of the CCJ, and, nearly 4 weeks later from this second letter there has still been no response. I'm hoping that this is a good thing! Sorry for such a waffley post! That's how things are at the moment! PointyFacedCat xx
  4. Hi, Sorry I haven't posted for a while, I haven't been too well. I did go to Citizens Advice over a week ago now and fortunately I qualify for free legal advice. I explained the situation and that I'd like to use section 24 of the limitations act to try and get them to stop taking any action against me and basically get the debt written off as it were. Unfortunately they weren't really willing to give me any advice until they have more information on the whole situation. (As I don't have the original CCJ judgement and the claim numbers are different on the paperwork I do have and what I'm being sent now). (Apparently you can sue the CAB if they advise you wrong, so he wanted all the proper facts). Basically he said they're going to write to Drysdens asking for more information. He was amazed that I'd never had the bailiffs round and thought that possibly they were just trying to scare me into paying. He thought that maybe the claim numbers were different because some sort of further action has been taken at some point which resulted in a different claim number. (Although my view is that if they have done that, I don't know about it, so again it can't have been followed up, and as there's nothing on trustonline or my credit file it must still be over 6 years old, so again section 24 applies). Anyway he said I'm to do nothing until we've had a response to his letter from Drysdens. I haven't had any further contact from Drysdens since the letter they send dated 13th August which requested full payment and included a notice of transfer of proceedings. So that's how things stand at the moment. I'll update as soon as I get any more info. PFC xx
  5. Hi Spiderdog, Thanks for your post. I'll look at that link. Don't worry - I know that mental health problems don't equal stupid. I'm afraid I don't know for sure what my old letters say - I don't have them. I think that you can only backdate deferments for 3 months so once you go past that they don't bother mentioning deferment as an option any more (even if you aren't earning enough to pay and aren't mentally capable of deferring any more). (And from what I've read this still applies even if you did defer and they lost the paper work!!) I'm gonna wait and see what response Link comes back with but if it's something I disagree with then I'll probably follow your advice. Thank you PFC xx
  6. Ok, will do, will hope their records go back that far. Could check about who applied to transfer for enforcement at same time. Format of CCJ claim number is like: AB 1 12345 thanks for your help today pfc xx
  7. Hi Mike, It's XT pcf x No- I'm, at it again, there's no pre fix number. Just 2 letters and 6 numbers pfc
  8. Hi all, Cannot believe I have been such a dinlo - the CCJ Claim numbers do not match!!! I just glanced the Drysden paperwork and the first 2 letters are the same but the rest is different! This has got to help surely? However - the only paperwork I could find for the original CCJ is the claim form they send to you prior to the court hearing - this does have a claim number on it, but I could not find the actual judgement. (However in my partners case the number on the claim form and the actual judgement are the same). Unless for some reason they didn't follow up on the original claim form in 2001 and got the CCJ later, but I don't see why they would do that. As mentioned my partners in exact same situation (almost) and they followed his up and got the judgement by default. How can I find out the actual correct details? Should I ring Northampton? Sorry to be such a ditz! PFC xxx
  9. Thanks CitizenB, any responses from the site team are always greatly appreaciated. Glad you found me Mike_hawk, will look into all that you have posted above. Also - got another letter from Drysdenfairfax this morning. It is actually exactly the same as the last letter (7 days to pay and informing me of change of solicitors) however with this one there's an extra page with official looking 'Notice of Change of Solicitors'. Will scan up and post below. Think they must have just forgot to enclose the notice with the 1st letter they sent(!), is good for me as now have 7 days from 13th to pay, even though I can't it pay it gives me a bit more time to plan what to do and respond. Cheers guys, will be back soon no doubt! PFC xxx 5-2nd_solicitors_letter_13_08_12.pdf Letter from Drysden, same as before, 7 days to pay, change of solicitors 6-notice_of_change_of_solicitors_13_08_12.pdf Notice of change of solicitors, received with letter
  10. Hi I have now split these 2 debts up. My debt is now on the the following new thread: Expired CCJ on Student Loan, Honours/SLC now threatening to take me back to court (Mike_Hawk - I tried to PM you but haven't done enough posts to be able to do that, hopefully you'll see it anyway) I'll leave this thread as being about my partners debts. I've attached the response letter I got from link, saying it's being passed to the complaints department. See below. As always any advice/comments are appreciated. Otherwise I'll update once I get a response from Links complaints department. Thanks PFC x Third_letter_from_Link_07_08_12_page-1.pdf Page 1 Of latest letter from Link, saying they're passing my letter to complaints department Third_letter_from_Link_07_08_12_page-2.pdf Page 2
  11. Hi all, For those that haven't been following this, I'll briefly try to explain situation: I have pre 1998 student loans. I deferred for a year or two but then got ill (mental health) and even though I wasn't earning enough/anything at all I stopped deferring these loans. For a while I got letters, but due to my illness I ignored them and even stopped opening post for a while. I haven't heard anything about this for years and years. I have never earned over the threshold to pay back Student Loans.I am recovering but am not totally better and this whole thing is really not helping. After hearing nothing for years I got a letter in July from Honours Student Loans saying they wanted the whole £5K. I didn't know this until very recently but apparently The SLC did get a CCJ on me way back in 2001. They've never tried to enforce this, I live at the same address as when I got the CCJ (moved back home for 10 months in 2008, but they have that address too - Honours started ringing my parents after they sent the letter to me here). I decided to send Statute Barred letter to Honours, figured they might have trouble proving there was a CCJ as it's so old. I also searched register of judgements, orders and fines and my credit file - there is no CCJ on there. As the CCJ is over 6 years old, I thought that if they came back and said there is a CCJ, I could then send back a letter detailing: Section 24 of the Limitations Act 1980.... (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due. I would say that as the CCJ is over 6 years old and there's no extenuating circumstances as to why it hasn't been enforced then they'd have to go back to court to get permission to enforce, and it's highly unlikely they'll succeed. I hadn't heard anything for a few weeks after I sent the SB letter, and then on Friday I got a letter from Drysdensfairfax Solicitors saying they're working for The Student Loans Company (not Honours Student Loans?!), that their client previously obtained a judgement against me, that I've got 7 days to pay (letters dated 8th August) and that I should send cheque made payable to Drysdensfairfax, otherwise "steps will be taken to enforce the judgement our client holds". Then I got a letter from Northampton County Court, where the original CCJ was obtained by The SLC in 2001. This was obtained by default - I didn't know anything about it. There are no details at all - just the case number (which is right), the name of the claimant (The Student Loans Company) and the fact that it's being transferred to Bradford County Court for enforcement. This is not my local court and I have never lived anywhere near Bradford. Having just checked the Drysden letter, they're located in Bradford so this must be why it's been transferred there, but that's no good to me, I can't get to Bradford - would need it at my local court, so I can defend myself. I'm going to attach all correspondence so you can see it. There's 4 PDFs (couldn't work out how to make a multipage PDF). See bottom of post. I am confused as to why it is now suddenly The Student Loans Company chasing me again and not Honours Student Loans (I was under the impression from what it says on there website that they would have bought my student loan off the SLC). It doesn't seem right somehow. Does anyone have any ideas on this? Does it actually matter? So I don't know what to do. They seem to be determined to take me back to court on this. There's no way I can pay full amount and would really struggle to pay instalments too unless they're incredibly small. Should I write back quoting Section 24 of The Limitations Act? In which case who should I write to? Drysden, Honours or the SLC, or all 3? Am seeing Citizens Advice on Thursday so am hoping they can help me, but would really appreciate comments and help here too. Thanks so much PFC xx 1-first_letter_from_Honours_02_07_12.pdf First letter received from Honours student loans 2-Statue-Barred-Letter-to-Honours-Student-Loans.pdf My statute barred letter to Honours Student Loans 3-solicitors_letter_08_08_12.pdf Response from Drysdenfairfax solicitors 4-transfer_of_court_proceedings_10_08_12.pdf Letter from Northampton court, advising of change of court
  12. Hi D, Thanks for this. I think if I leave this thread as being about my partners debt and being chased by Link, as even though I actually started it for me I've mainly ended up talking about his debt as Link were quicker to respond. Is there a way to change the name of the thread? So instead of it saying "Expired CCJ on very old debt now being chased by student loan company to pay" change it to "Expired CCJ on Student Loans now being chased by Link Financial to pay", or something similar? And I'll start another thread about my student loans and will try to upload the relevant docs/letters as you've suggested above. PFC x
  13. Hi SuperTramper, You posted on my thread as your situation is almost exactly like my partners, I've posted a copy of the letter I sent to Link for you as requested, although as yet I'm not totally sure how successful it's been. They've referred me to their complaints department and said they'd get back to me in 28 days so I'm kind of hopeful that it has worked - read my latest post on 'Expired CCJ on very old debt, now being contacted byStudent Loans company to pay, what to do?' hope it helps, let me know how you go, PointyfacedCat xx
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