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SLC vs Old Recotry ***WON***


oldrectory
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It is someone who says they are a solicitor - same address as SLC and I am in e-mail communication, mainly by word letter that is attached.

 

Shareen Auckbarallee

Solicitor

Legal and Compliance

100 Bothwell Street

Glasgow

G2 7JD

0141 306 2068

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Simply write back telling them that your terms of settlement are as stated in your PoCs,

 

You accept their current offer as part settlement only and that you will be pursuing them in Court for the total, including 8% County Court interest calculated at a daily rate on each charge until full settlement and that you look forward to receiving their defence and meeting their representative in Court.

Edited by noomill060
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The County Court interest has nothing to do with what you have or havent paid.

 

It is awarded by the court for being messed about.

 

They had a chance to settle before you started legal action.

 

By forcing you to start your legal action they have caused you hassle, which the law says the court can award you 8% more than you are actually claiming, in compensation for that hassle.

 

(basically speaking)

Edited by noomill060
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In our opinion, if it went to court is it likely I would win. I suppose my fear is that it will end up in court, i'll loose and I will have to pay their fees - they threatened that they would persue me for fees if it went to court.

 

On the other hand, I don't think they should get away with this.

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This okay?

 

Following your e-mail today I would like to make the following as a final comment;

 

• My only terms of settlement are as stated in my Particulars of Claim,

• I accept your current offer as ‘part settlement’ only

 

As consequence of your failure to fulfil the terms of my Particulars of Claim, I will pursuing the Student Loans Company in Court for the total, including 8% County Court interest calculated at a daily rate on each charge until full settlement.

 

I look forward to receiving your defence and meeting your representative in Court.

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Yes, that letter sounds good.

 

After that, sit back, let them stew and wait for whatever bull poo they come up with as a defence.

 

You could also make mention that you will also ask for expenses should they enter a defence but not bother turning up.

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Do you have a letter or email from SLC claiming they will pursue you for costs?

 

If so, tell them you are well aware that costs are not awarded in Small Claims, but that you regard this threat as an attempt to intimidate and will draw the Judges attention to this as well.

 

(Judges dont like intimidation!) :D

Edited by noomill060
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Following your e-mail today I would like to make the following as a final comment;

 

• My terms of settlement remain as stated in my Particulars of Claim,

 

• I accept your current offer as ‘part settlement’ only

 

As a consequence, I will be pursuing the Student Loans Company in Court for the balance, including 8% County Court interest calculated at a daily rate on each charge until full settlement.

 

I will also draw the Judge's attention to the following, should the opportunity arise:

 

a) claim number xx/xxxxxxx at xxxx and SLC's response

 

b) your clear attempt to intimidate by asserting that costs would be pursued, despite the fact that costs are not awarded in Small claims

 

Should you enter a defence, and subsequently waste my time and the Court's, I will ask for an Expenses Order.

 

 

 

I look forward to receiving your defence and meeting your representative in Court.

Edited by noomill060
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Hi,

 

Well e-mail the letter off to them this morning and got a reply this afternoon

 

After some repeating of information (very boring), they write,

 

You have re-iterated that the only acceptable outcome is as stated in your

particulars of claim. We repeatedly explained to you that there are no

charges on your account as they have been removed. There is no interest

arising from the charges since we do not levy interest on any charges

applied. This is merely an unsubstantiated allegation on your part.

 

Moreover, in light of the economic considerations for a non departmental

public body such as ourself in engaging in protracted litigation, we have

offered an ex gratia and without prejudice sum of £30.00 in respect of your inconvenience. As a gesture of goodwill, we would be prepared to increase the sum payable to you in respect of inconvenience to £60.00 if matters can be finalised today, failing which we are happy to proceed to defend the action on the basis that you have suffered no loss.

 

The general outcome of this, is that they have paid me a little more than I was actually asking.

 

SUCCESS!

 

I just love the way they don;t want to take any responsibility for anything - and to expect me not to accept and to take it further after giving me all I wanted, even if it was in an alternative way, they must be mad!!

 

I have accepted, but written back to them confirming the details of what they are offering!

 

Thanks for all your help

 

Oldrectory

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I did mention you claim number!

 

I have asked for it in an offical letter.

 

I think they will ask me to sign a consent order - which tells the court to stop the claim. Do I sign and send back after I receive everything from them?

 

Thanks

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You dont have to sign anything they send you, and I didnt.

 

Once their cheque has cleared, write to the Court yourself and tell them that SLC have settled the matter to your satisfaction and that you wish to withdraw your claim.

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  • 2 weeks later...

Hi,

 

Got an e-mail telling me that they would send me the cheque before they received the consent form. they also stated:

 

I trust this fully explains our position and we look forward to receipt of

the signed consent order. Should this not be received by Thursday 16th

October 2008, SLC fully intend to continue to defend on the basis outlined

above.

 

I wrote back stating that I would wait for the cheque to clear and if all was ok would return the consent form no later than the 22nd Oct. I was given no reply - assumed all was ok.

 

got the cheque and it has just cleared.

 

Recieved from the court today their defence, which they filed on the 15th October, the day before they stated in the e-mail and they obviously haven't taken any notice of the e-mail I sent them.

 

Can I write to the court with copies of e-mails to show that they have wasted court time??

 

They also write at the end of the most recent e-mails

 

neither this letter (not any copy of it) may be produced,

exhibited, referred to or founded upon in any Court action or in any other

proceedings except (a) with their express written consent or (b) at SLC's

instance.

 

Is this legal? I have asked form them to clarify which part of the law they are relying on to enforce this - but no reply as yet!

 

I think I should complain about the solicitors handling of this.

 

Thanks

 

Old Rectory

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