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Helllppp - Honours Student Loans


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Hi 42man

 

Thanks for taking time to look at this case.

 

The amended particulars of claim that have been filed (64 days later than ordered at the previous hearing) relate to student loans dated 1995, 1996 and 1997 allegedly sold by Student Loans Company to Honours Student Loans in in 1999.

 

I put HSL to strict proof before the last hearing and all they have provided so far is poor photocopies and blank templates "of the sort of notices that we send in these instances." After 2 SARs we are still short of several documents, including any notice of assignment.

 

So far I've been served with three default notices for the same debt. When I questioned this they said they can serve as many as they want and just tear up the one before.

 

They've lumped costs and charges into the amount and continue to charge interest on the full sum.

 

The total balance owed goes up and down randomly. There are also issues with the credit agreements, supplied with the first particulars of claim as photocopies without SLC signatures, which, after the judges comments, suddenly became photocopies with SLC signatures but with dates that couldn't possibly tally with the dates of my signatures.

 

Any comments would be gratefully recieved.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Have a read of this link - http://www.consumeractiongroup.co.uk/forum/students/191527-statute-barred-student-loan.html

 

I presume this is the old style of student loan ?and please correct me if i'm wrong, there is a clear gap of 6 years on this where you have not made a payment ? .....then surely this is statute barred ?

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Taken from the National Debtline website...

 

STUDENT LOANS

Student loan agreements are simple contracts

and this gives the Student Loans Company

(SLC) six years from the date you last paid or

acknowledged the debt to go to court to

enforce the agreement. There are two sorts of

student loans and different rules apply

depending upon when you took out the loan.

Old style student loans

Old style or ‘mortgage’ student loans are

consumer credit agreements. Payments cannot

automatically be deducted from your wages.

The SLC has to go to court before they can

enforce the debt against you. This means that

the Limitation Act can apply if you have not

paid or acknowledged the debt for over six

years.

WARNING

Asking for the loan to be deferred could

count as acknowledging the debt and start time

running again.

New style student loans

From

September 1998 new style or ‘income

contingent’ student loans include rules to say

that repayments will be automatically deducted

directly from your wages or through your tax

return if you are self-employed. This means

that the SLC are still allowed to take money

from your wages for a loan over six years old

as they do not have to go to court to do so.

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42man, thanks for your continued interest in this. The loans are old style mortgage type. HSL have not really changed their particulars of claim, so my original defense is still relevant.

 

Just revisited the paperwork and find that they have sent me 7 default notices for this debt, 1 of which is in dollars ($) ! Surely this cannot be legal. How many default notices can they issue on one debt.

 

Thanks everyone for your comments and support.

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Hi all

I am putting together my defense and found something i think may be very significant. HSL have terminated the credit agreement twice in a 2 year period. i realise that once terminated an agreement can't be terminated again, but not sure quite how this impacts on the case. Any comments would be greatly appreciated.

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  • 3 weeks later...

Hi all

well, we've had the preliminary hearing, and the judge refused to strike out, despite all of the above and the fact that they were 90 days out of time ordered by the judge at the previous hearing. Judge said he couldn't strike out because the previous judge hadn't included that as a sanction in the order that was ignored. He just went ahead with the draft directions submitted by the claimant.

 

Sorry to keep asking advice on this one, but does anyone know if we can appeal against what happens in a preliminary hearing, or do we have grounds to apply separately to have it struck out?

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