Helllppp - Honours Student Loans

[xray2]

Hi,

 

Just to let you know the Judge said the agreements were unenforceable because they were not signed by both parties However, he has stayed the case and reccommended mediation which he has said the other party must pay for if they want to pursue. If mediation fails the other party have to put together a proper POC with all original documents attached (which even the judge knows they haven't got). He said theirs was one of the worst put together cases he had ever seen and would take a full day in court to go through. He also said that the T & C's were not the ones that came with the original document and were made up! He had said his first thought was to strike out but that money is owed just no evidence of who the debtor is ie no notice of assignment so sent to mediation.

We recieved an invoice this a.m from the claimants solicitor and my hubby put this before the Judge who immediately said all costs from the claimant struck out then turned to my husband and asked had he lost any pay (which he had) so he awarded him lost pay

 

Thanks for everybodies help,

Edited September 10, 2008 by xray2

[xray2]

Hi,

 

Well today we had our day in court and I think it all went reasonably well. The Judge said he had never seen such a badly put together claim. He said the T & C's were made up and not the originals and agreed the CCA was illegible indeed the only legible bit was the bit that says agreement not legal unless signed by the SLC which it was not so not enforceable! Also they have no NOA or DOA.

However, the judge said he believed this money was owed and was public money which slightly ranckles me given that he probably did his degree for nothing financed by my parents et al tax money! Anyway he has said he wants it sent for mediation and has stayed for 2 months. At the end of the 2 months if no agreement if the claimant wants to pursue they have to put together a proper POC with all original documents attached which even the judge knows they haven't got.

 

This a.m we recieved an invoice in the post from the claimants solicitors for almost £2000 my husband mentioned this to the Judge who was not impressed at all. He immediately struck out all costs from the claimant turned to hubby and asked if he had had time off work which he had and which he doesnt get paid for and ordered that the claimant pay hubbys lost wages! He also said mediation is expensive therefore the claimant must also pay for this! I wonder if we will hear anymore from the claimant?

 

The judge said what a very well put together case my hubby had so huge thanks to everybody especially Steve and Caro As soon as we get the costs awarded we will be making a donation to CAG (wish we could donate it all but he really did loose wages).

[humbleman]

terrific great news!!!!!!

[emmaf01]

Sounds like you had a really decent judge there. Great news!

 

I hope the mediation achieves something.

[PGH7447]

Well done:)

[xray2]

I am wondering if they will even bother with mediation and drop their claim all together since the Judge has said they have to pay their own costs, our costs and mediation costs they will end up paying out more than their original claim and if mediation fails they cannot prove they bought any debt with my OH's name on it nor can they come up with a legally enforceable agreement. Will shall see - will keep you all informed

[emmaf01]

It sounds like a serious win- make sure that the judge gets them to agree not to pass the debt on further, rather than they pass it on to another bunch of numpties so you have to go through all this again in six or twelve months!

Edited September 11, 2008 by emmaf01
spelling

[Rhia]

I agree with xray2. (Particularly if it is who I think it is). They wing this stuff into courts time and time again and in the past no-one has bothered turning up as until CAG no-one knew their rights. Now they are being challenged all over the place (DCAs in general) and in your case they will now have to make a decision and I too think they will discontinue. They could have tried mediating from the start. Eeejits.

It won't stop them winging it with someone else mind you as for every one they win I suspect they still get away with a whole lot more.

[emmaf01]

That is the sad problem with all of the DCAs and all their "debts" though isn't it? For all the people who challenge them, asking for CCAs and to prove the debt, there are so many more who just pay them.

 

It makes me sick.

[42man]

Just goes to show that there are bad judges and good ones !!! v pleased for you X-ray.....

[xray2]

Hi,

 

This Judge said he had just spent 15 years specialising as a Corporate Law judge so he knew his stuff I think I didn't go in with my OH and the numpties sent a local solicitor who looked about 10 years old and didn't seem very up on proceedings.

The Judge has left OH to appoint a Mediation company told him who to avoid explained the cheaper one's whilst good would not be able to deal with the complexeties of our case - so numpties get to pay large costs The only sticking point for us is if mediation goes ahead how can we mediate with zero evidence these people even own any debt with my OH name on?? We have had no NOA, loan agreements are unenforceable and no DN?

 

Do we get written notification of what happened in court btw? As my OH left the court the solicitor for claimant went up to him and started trying to nobble him should we report this to the Judge or let sleeping dogs lie for now?

 

Thanks all

[Rhia]

They all try nobbling. It's just a very desperate attempt to get you to give in or possibly in this case agree without the mediation. This poor kid will have to report back to his "masters" with a very poor result. He will have been given the case a few hours before the hearing. Tough luck matey boy.

[caro]

Sounds like it wasn't too bad, and the Judge was basically on your side. Is the mediation with the DCA though, because if there's no valid agreement I don't see why you should need to go to mediation. Would your husband still be exempt from paying if it was with the student loans people due to income etc?

 

BTW I've merged your 2 threads to keep the whole of your case together.

Edited September 11, 2008 by caro

[GuidoT]

..

[emmaf01]

Nobbling how?

[xray2]

Hi Emma,

 

She said well as you just heard the judge is really keen for you to pay up so we could make arrangements and save all the other trouble!!

[xray2]

Hi Caro,

 

The mediation is with the DCA and I must admit I am confused as to why my hubby should go. The judge even mentioned something about the loans going back to SLC but even if they do they will be subject to the Limitations Act. And to go back to SLC (assuming of course the SLC ever sold them in the first place and there is no evidence they did) would mean the SLC would have to buy them back! Then there is the matter that even the judge said the loan agreements submitted to the court were not enforceable. I can't see how mediation can work on this because as far as I can see without proof or enforceable loan agreements we have nothing to mediate on?

 

My OH would get a deferment under the SLC terms. However, in the past the SLC have denied them based on the fact that he has refused to submit what I earnt (at that time I was a student myself on loans!) and they made him give a full break down of what we had coming in and out and said they were also denying deferment based on the fact we were not making reduced payments to other creditors. (We still have that letter). If only we knew then what we know now ... suffice to say no further payments made and that was years ago. The next we know we have this firm taking us to court saying they own loans!

[emmaf01]

God, that solicitor was a chancer- I would report that to the court as misrepresentation.

 

The only thing that pains me about considering going back to university is having to deal with SLC again. Plus I still have arrears so they won't give me a loan until I clear them off!

[xray2]

Since I last posted my OH has recieved two letters from HSL, one a statement of account to which legal costs have been added despite the fact the judge said they were awarded NONE! The second is pretty intimidating and a gross misrepresntation of the facts. They are claiming the judge ordered my OH answer their statement of case - A LIE, they are also saying my PH admitted the debt - A LIE, and they are asking for their money!!!! How are we supposed to enter medition with tricksters like this? Can we go back to the judge with this even though the case is stayed for 2 months?

 

To be honest we never understood how mediation was going to work when even the judge said there was no legally enforceable agreement (and he said he felt what they had supplied was copied from something else - isn't that fraud??!!), or a notice of assignment. So given all that it was going to be difficult but the latest correspondence is just a gross misrepsentation and intimidating ie if you don't pay up this could cost you blah blah.

 

Another point OH was awarded small costs which we have yet to recieve, how do we go about that - small claims them

 

Any help gratefully recieved

[steven4064]

Copy the letter to the court with the explanation you just gave us

[xray2]

Thanks Steven

[xray2]

well peeps the saga continues! Still no mediation but they have applied for and successfully gained more time from the Court. They are also now saying that SLC have found signed original agreements. You can see these are recently signed even from the copies we have and one is dated the day after my hubby has dated his which would have been impossible as the university used to send off these agreements as job lots by post. We have requested these agreements be scienitifcally tested at our expense (unless any anomolies are discovered) and they have refused our request.

 

They have admitted they do not have a notice of assignment but have said they can provide a letter from the SLC that states they sold the loan but this is surely not good enough in law is it?

 

A further point is that they do not have copies of defaults, they said it is not usual custom for finance companies to keep copies - I thought this was a legal requirement? Furthermore, there have been 3 default's issued can they do this?

 

If anyone can help would be very grateful,

 

Thanks in advance

[xrayk]

Hi all. just signing in to give an update of this long running matter. Things have moved on somewhat since the last post. It's normally my partner who posts hear, so I'm taking my turn, please excuse a novice! We had a hearing in October. judge said honours case was a disgrace for several reasons i.e.

• providing reams of documents the day before the hearing that they then wanted to rely on .
  
• sending me a bill for solicitors fees of £2000.00 the day before the hearing (small claims case).
  
• not providing original documents.
  
• not complying with SARs
  

Judge said their behaviour was intimidatory.

He stayed case for 2 months for mediation, followed by a further month to allow honours to "get their house in order" and file full particulars of claim. He also noted that they have been put to strict proof.

Honours then applied for and were granted an additional stay up until end of December.

 

Mediation was a farce, allowing no comment on legal matters or financial matters other than the full amount owed!

 

A preliminary hearing has been set for next week.

 

Today (9 days before preliminary hearing) I have recieved from honours a particulars of claim which is far short of that required by original judge (more copies and templates of documents)

 

I think I should write quickly to the court informing them of all this and asking for case to be put aside. Any comments would be greatly appreciated.

[42man]

May I ask what the particulars of the claim are ? have they not complied with the judges orders on the supply of paperwork ? I would request a strike out.....

[caro]

Sounds like they were lucky the case wasn't struck out first time round.