SLC vs Old Recotry ***WON***

[noomill060]

Go for it!

 

Amazed they are still peddling the lie about the OFT.

[noomill060]

Oops, sorry, but you may have made a wee mistake.

 

You should have sent all three copies to your local court.

 

They are all processed and stamped, then one copy is served on your defendant (SLC) and a duly processed and stamped copy sent back to you.

 

 

Go down to your local court and give them another two copies to add to the one you sent, apologising for your mistake.

Edited September 4, 2008 by noomill060

[noomill060]

You will hear from SLC shortly before 1 October.

[noomill060]

This means that SLC will soon send you an offer for the full amount of your claim.

[noomill060]

Try this, Ive rewritten your letter, removing some bits that didnt make sense and added some bits that do.

 

The solicitor refered to at Harper Macleod is the one I dealt with. the email addy was genuine at the time.

 

 

 

 

 

 

 

• I have a satisfactory arrangement set up to pay off the arrears on my 98/99 loan. As far as I am aware, these arrears will be paid in full in December 2008, I wish to keep this arrangement in place.

 

• With this in mind, I regard your condition that I repay arrears as mischievous and will be delighted to to draw the Judge's attention to this should the opportunity arise.

 

• I believe these charges have been unfairly and unlawfully debited to my account, (contrary to UTTCR) thus unlawfully increasing the balance.

 

Interest naturally accrues on the outstanding total balance.

 

Clearly, interest has been levied unlawfully on the charges. Any claim to the contrary can only be construed as ignorant, foolish nonsense or an intentional attempt to profit from the aforementioned unlawfully applied debits.

 

I note that SLC has never provided any evidence to the contrary.

 

 

• I did not state that the Student Loans Company repaid customers for charges they hadn’t yet paid. I am aware that SLC have removed charges and interest unlawfully applied thereon, from other accounts and can provide court claim numbers, full documention in the matter from SLC's solicitor at Harper Macleod (Ms Stephanie Lyn).

 

I believe Stephanie can be contacted at:

 

xxxxxxxxx@XXXXXXX (real addy sent by pm to old rectory)

 

 

My conditions for withdrawal of my claim remain as stated in my PoC.

 

a) full refund/removal of unlawfully applied debits and refund/removal of interest subsequently applied thereon.

 

b) court fee

 

c) interest on the above, at the rate of 8% per annum, pursuant to the County Courts Act 1984.

 

 

Your are reminded that you are the defendant in this case and you are not in any postion to set conditions.

 

I repeat, the only acceptable outcome is, as stated in the Particulars of Claim, refund/removal of charges, refund of interest accrued and court costs.

 

Do not insult my intelligence further.

Edited October 7, 2008 by noomill060

[noomill060]

"I am actually happy that they will refund the charges - but what should I do?"

 

 

Sit tight, we both know they are lacking in the "leg to stand on" department.

[noomill060]

They are correct in that the onus is always on the claimant (in this case, yourself) to show that money is owed. The defendant (in this case SLC) doesnt need to prove otherwise.

 

What is the total amount you are claiming?

 

(Charges + interest + court fee + the county court interest @8%)

 

 

 

 

How much have they offered you?

 

 

Any claim to the contrary can only be construed as ignorant, foolish nonsense or an intentional attempt to profit from the aforementioned unlawfully applied debits.

 

- Told me that this could be construed and seen a libelous.

 

 

What - in a private email? Libel is a published comment which exposes an indivual to:

 

Hatred, ridicule or contempt or which causes him to be shunned or avoided or which has a tendency to injure him in his office, trade or profession in the estimation of right-thinking members of society generally.

 

SLC is a government department, not an individual.

 

The person who wrote that email to you clearly has no idea what they are on about. They are just trying to mess with your head.

 

(Dont panic, they havent even entered a defence yet!)

Edited October 9, 2008 by noomill060

[noomill060]

Which interest are you talking about?

 

The interest charged on the charges, or the 8% County Court interest?

[noomill060]

SLC only charge interest at the rate of inflation, so it would not be very much and I didnt bother with it.

 

Ive just checked my POC and what I claimed for (and got) was:

 

Removal of charges

 

Court fee

 

Interest charged at 8% p.a. from the date of each charge.

[noomill060]

Heres part 5 of my PoC:

 

5) Accordingly the Applicant claims:

 

a) the removal of the amounts debited to the Account in respect of unlawful charges in the sum of £212.

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 1984 as set out on the attached list of charges, or at such rate and for such periods as the court deems just.

[noomill060]

How much are you claiming for?

 

How does the amount you have been offered compare with the amount you are claiming for?

[noomill060]

OK, Ive re-read your thread from the start.

 

They have removed the charges and they want to reimburse the money you have already paid plus an extra £30. Correct?

 

They have refused to pay you court fee but they want to pay you £30?

 

 

They dont seem to realise that when a claim is filed you can claim an extra 8% county court interest.

 

OK.

 

So, they have basically given in all bar the shouting and dont want to go to court.

 

How much was the court fee? About £30?

[noomill060]

OK, got you. Hang on I'll roll a fag and have a think. (Nicotine time!) back in a bit.

[noomill060]

Just out of interest, are you in email comunication with a solicitor or some SLC monkey?

[noomill060]

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 October 9, 2008 by noomill060

[noomill060]

This is if you want to.

 

I didnt hear anything until after they had entered a defence, the next day I had an offer in full.

[noomill060]

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 October 9, 2008 by noomill060

[noomill060]

Its a Small Claim court- no costs are awarded either way, win or lose.

 

They are talking bollocks and trying to scare you! (basically speaking!)

 

If it went to court, yes you would win.

 

Why do you think they are so keen to pay you you money back?

[noomill060]

Send them an email as stated in post 29.

 

Then sit back, let them stew and wait for their "defence"

[noomill060]

You could also mention my claim-

 

claim number: 07/xxxxxx (actual details sent to old rec by PM)

 

and that you will draw the Judge's attention to SLC's response to it should the opportunity arise.

[noomill060]

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.

[noomill060]

Sent!

[noomill060]

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!)

Edited October 9, 2008 by noomill060

[noomill060]

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 October 9, 2008 by noomill060

[noomill060]

Great news- total surrender! I take it you mentioned my claim number?