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builerpaul

drydens/honurstudent loans

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3902 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Wondering if anyone can offer some advice , i today received county court papers for non payment of my student loans taken out in 1998/1999.

About 6 months ago i asked for copies of my loan agrrements which i never received , also i have never ever made a payment and i finished university in 2000. If i have not made a payment in 6 years is it satute barred ? are student loans covered by this ?

 

 

any advice would be hugley appreciated many thanks.

 

 

Paul

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just bumping if any one can help please really dodnt no how to fill in the claim form ,and is the debt statute barred ?

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Other than 1 payment many years ago Ive not paid any of my student loans since I lesft in 2001, I get them defered each year as I earn less than 24K, have you not tried defering them if you can't afford the repayments?

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Not 100% sure but I have read somewhere that SB does not apply due to the nature of the loan. i.e. A lot of these loans go over 6 years before they qualify to be repaid due to earnings not enough etc.

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Hi paul

 

If your initial loan is a pre-1998 style loan and was later added to on the same account, and you have a period where you did not pay into or acknowledge (including deferring) the account for 6 years, the account is then "statute barred". They can't collect. . :)

 

Nothing can Unbar it.

 

Whether they have signed docs or not is a separate and irrelevant issue.

 

If your loan is a post 1998 style account, things are much more difficult.:mad:

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Information from the Limitation Act regarding Student loans:

 

http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

 

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.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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So you need to know which type of loan you have

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I have called Honours to ask them some information about my student loans and they said as court action has commenced they have no information on me what so ever and to contact Drydens !

 

Drydens informed me that i had two loans this really doesn't seem right to me i wouldn't be getting two loans in one year .They couldn't tell me the last time a deferment request was made , i no i made a couple.

 

 

i acknowledged the claim today and have 14 days for my defence , i really need more information though such as copies of the agreements , payment history , and deferal history .

 

Should i submit SAC request ? although i wouldn't have the information before the 14 day deadline.

 

 

 

 

any advice would be appreciated.

Edited by builerpaul

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OK... DONT panic. You need to get the correct things done here and don't do anything until you have had some advice.

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As these seem to be the old style loans and you have not deferred them then please do have a look here for your defence, I presume you will be defending all -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163506-county-court-claim-received.html

 

This one is probably the most helpful - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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You are entitled to any information the claimant will use against you in court under the court proceedure rules. CPR 31.14. No doubt they are planning to use the documents you need against you so you should be able to get them.

 

edit Thanks 42man

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And when they discontinue, you can hit them with a wasted costs order.....!! If they continue to court, you can ask the judge to award your costs...can I ask what the particulars of the claim are please ? (but don't be too specific with the exact figures !!)


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Apologies...I have seen the POC's above...send this recorded delivery ASAP to the solicitors PLEASE READ THIS VERY CAREFULLY AS IT WILL NEED EDITING....any questions send me a Personal Message and I will answer on thread - please don't miss the deadlines for acknowledging the claim (which HAS to be done within 14 days of the date on the claim form), then you have a further 14+3 days in which to submit your defence...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice*

 

3 statements for the duration of the agreement*

 

I also require proof that the debt is not barred by the Statute of Limitations Act 1980

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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42man.... you make it look so easy:)

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Many thanks i have edited and sent recorded delivery ,i'm trying to rack my brains when i last deferred i asked pay roll and they cant remember righting anything for me for years.

 

Thank you for you help and i will keep you all informed of developments.

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i received recorded delivery reply from Drydens yesterday details below.

 

Dear Sir,

 

in response to your request for documents we would comment as follows,using your own numbering:

1. Copies of both agreements are enclosed,along with legible versions. These were sent to you before on 7 Ovtober 2008

2. Our client does not retain a copy of the default notice so we are unable to comply with this request.

3. Because this is an assigned debt, our client only holds limited statements. It is seeking copies of earlier ones from the original creditor and we will let you have these when they are available. This can take up to 28 days but we confirm we will not request judgement until 14 days after these have been sent to you.

 

It is noted that you query limitation. You were not due to enter repayment on these loans until 1999 at the earliest. You applied for deferment a number of times between 2001 and 2004 and made repayments as recently as april 2005. Each application for deferment constitutes an acknowledgement for the purposes of section 29 (5) of the limitation Act 1980,allowing our client six years from the date of each to bring a claim. Each part payment works in the same way, meaning our client could have brought a claim at any point up to April 2011. We trust this resolves this point for you.

 

Please note our client is always willing to try to come to a resoulition to avoid the need for protracted court proceedings. Our client may therefore be prepared to enter a repayment araangement rather than pursue a judgement,depending on your circumstances. if this something that interests you,please do not hesitate to contact us on 01274 .....

 

Otherwise ,we will let you have copies of the agreement and suggest a deadline for you filling a defence in due course.

 

 

 

 

Seems like they dont want to go to court ?

 

Also can i ask them to provide evidence of me defering as i'm sure i was earning more than there defeerment limit.

 

Also i never received a DN adnt they cant provide me with a copy either.

 

As always any advice would be appreciated.

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1. Copies of both agreements are enclosed,along with legible versions. These were sent to you before on 7 Ovtober 2008

 

Am I correct in thinking that thy do not have a legible copy of your agreement? If so, I think they have shot themselves in the foot.:D

 

 

2. Our client does not retain a copy of the default notice so we are unable to comply with this request.

 

Tut Tut.

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the agreements are terrible cant read any of the T & C's haven't tried with a using a microscope though !

 

As for default notice can they issue procedings with out acually defaulting me, without writting to me ?

 

what would be my next step , i would actually like to see my deferment letters how do i go about geting these ?

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I am absolutely not an expert on this but perhaps a subject access request or a request under CPR seeing as they are threatening court action. A subject access request throws up everything they have about you and costs 10 quid and CPR will throw up anything they intend to use in court against you and costs nothing other than postage. I suggest having a read around the forum to get the pros and cons of each

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"The Claimant s claim is for the sum of £xxxx due under loan agreements between the Claimant(including predecessors in title) and the Defendant dated between 16/03/1998 and 10/12/1998 regulated by the Consumer Credit Act 1974. The Defendant has failed to make repayments under the loan(s) and failed to comply with the Default notice served under Section 87 (1) on 19/12/05."

 

State they said they had 'served' a default notice on you.....how will they provide proff they 'served' it on you ???!!! they won't !!!

 

Are they correct about the deferrment ? as this will put the limitation out of the window.....

 

However the fact they have provided illegible agreements is important too...

 

Are the prescribed terms of the loan on the signature page of the agreement ? And the agreement MUST be legible...

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper

 

When does your defence have to be submitted....you must stick to the deadlines....

 

Have a look at this thread too...

 

http://www.consumeractiongroup.co.uk/forum/students/132157-credit-agreement-received-2.html


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If drydens say they are not seeking judgement until the send the statements do i still have to file my defence i acknowledggment oif servcie was was 14th July 2009 so the fourteen days are up today what do i do can i get an extension as i'm still waiting for information ?

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bump.

 

i sent a CPR 31.14 request after receiving court papers.

i acknowledged service on the 14/07/09 so a deffence needs to be filled on line today.

 

i received credit agreements i could not read nor are they signed by the Claimant and they are unable to provide a default notice as there claimant does not retaina copy.

 

below are cuttings of the response i received from them. i read this is as they were not going for judgement , until i was provided with a all relevant information , but from 42mans post last night and reading other threads i got a feeling if i don not file a defence tonight Northampton will just grant judgement against me.

 

Should file my defence on Money Claim tonight.

 

many thanks

 

 

"3. Because this is an assigned debt, our client only holds limited statements. It is seeking copies of earlier ones from the original creditor and we will let you have these when they are available. This can take up to 28 days but we confirm we will not request judgement until 14 days after these have been sent to you."

 

"Otherwise ,we will let you have copies of the agreement and suggest a deadline for you filling a defence in due course."

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I wouldn't take the claimants advice on anything.

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Hi Paul....I got your PM....I have been away on a vacation, Have you submitted any defence as yet ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi ,just to up date i've enclosed copies of my credit agreement that was received and are barely readable and not signed by anyone at the Student loans company.

 

My defence that i submitted at the time was that i disputed the claim but was unable to submit a full defence due to drydens not supplying all the information to enable me to do this.They have now sent all the information to me and i need to fill out a fully pleaded defecne.

 

The route i am going to go down is that Honours are unable to provide a copy of the Defult noitce and i never received one and therefore the cancellation of the credit agreement was unlawful . Any other input /suggestions would be appreciated.

Thanks

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