Charging Order with no record of CCJ

[teaboy2]

Is this an old style student loan pre 1998 ? or new style ? any chance that there may be a 6 year gap where no money has been paid ? (and I don't mean offsetting

 

yes she did say pre 1998 student loan it just shows a smiley face when you type 8 and ) next to each other with smileys enabled. sorry i mean cool face.

[KJ123]

No money has ever been paid. Its is an old style pre 1998 loan and there is no gap in the loans.

The SLC have it as 3 seperate loans, should this have been 3 CCJ's

 

Teaboy I think you have a valid point.

Edited November 20, 2009 by KJ123

[Seminole]

42man's note also says that it's CCA regulated. This means that my previous comment was wrong.

 

Your friend could send SLC the CCA request letter from this site. If they can't produce the agreement then that would be a strong defence.

[KJ123]

They did produce a copy of the agreement on the day of the court hearing.

[teaboy2]

old style student loans pre 1998 are consumer credit agreements (like 42man says in his post above, thanks 42 man), so a cca is needed for it to be enforceable in court. so put non complience to your CCA request, stating student loans pre septemper 1998 are consumer credit agreements and not income contingent loans such as student loans post septemper 1998. therefore can not be enforced in court without a true original copy of the agreement with terms and conditions included within the same four corners of the agreement.

 

non compilence to you subject access request.

 

direct debit was setup (date setup) for the claiment to collect repayments, yet no attempt was ever made to collect any repayments between the date of the DD being setup and cancelled (date)

 

with regards to them having it as 3 seprate loans i believe its more likely to all be one loan but paid in 3 seperate amounts at seperate times as you did say "(mainly to get the last loan chq!)". am aslo assuming they send the last loan check to your friends new address to which would mean they were well aware of her new address and therefore theres no excuse for them to have been sending corruspondence to her old address.

 

Hopefully someone will come along and help you set out the defence in a proper legal manner, but what i put above would be along the lines of what i would use in defence if it was me.

Edited November 20, 2009 by teaboy2
added "therefore can not be enforced in court without a true original copy of the agreement with terms and conditions include

[Seminole]

They did produce a copy of the agreement on the day of the court hearing.

 

Was she given a copy of the agreement. If so please could you scan it (blanking out any personal information) and upload it here.

[KJ123]

bit of a stupid question - but how do I upload?

[Seminole]

Not a stupid question- I've never done it myself here! I think most people use the photobucket website and post the link here.

[teaboy2]

use photobucket's wesbite to upload the image, then copy the web link into your post and the image should automatically display. Remove all identifiable infromation such as name address and account details etc before posting though. i usual just use paint and black the details out.

[KJ123]

 

Hope this is ok, it is a very poor copy anyway and I have not even bothered with the terms and conditions as they are pretty much unreadable. This is just one of the 3 but they are pretty much all the same.

[KJ123]

I have actually just noticed - the amount they are claiming (and secured the Charging Order on is about £700 ish more than the three loans add up to.

[42man]

If this is from pre Sept 1998 and you haven't deferred it and have made no payments (for at least 6 years) then it must be statute barred ? I can't see all the prescribed terms either....and no cancellation rights prescribed by Consumer Credit (Cancellation Notices And Copies Of Documents) Regs 1983

[42man]

You need to apply to set this aside....on a dodgy agreement, (any default notices ?) and also there was a 6 year gap between the CCJ and the charging order - which if you had challenged then it probably would have been thrown out as the emphasis lies with the original creditor as to why they didn't enforce the CCJ for such a long time period...

[teaboy2]

if the terms that you said you havent posted up as their pretty much unreadable. then eligible terms would make the cca unenforceable anyway. (someone correct me if am wrong)

 

i also agree with 42man said in post above.

 

also the copy of the agreement you posted has the prove you need for the direct debit being setup they now have to explain why they never collected repayments when due aswell.

[KJ123]

The Judge disagreed - he said the time gap is irrelevant and this was not grounds to set aside

[teaboy2]

maybe so. but the terms with the agreement are eligible and therefore you can not read what the terms are, which makes the CCA unenforceable. and if the cca is unenforceable, then the debt can not be enforced by a court. and therefore a ccj and court order can not be applied for, so should be struck out.

[KJ123]

I do agree with you, but unfortunately they already have their CCJ and Charging Order

[teaboy2]

yes, but surely you should be allowed to get them set aside on the grounds that they should never have been granted them in the first place. not to mention the fact your friend never received and particulars of claim and therefore couldnt mount a defence for either the CCJ or charging order. as if she had recieved them she would have mounted a defence.

[KJ123]

I never even thought of that - How can someone make a defence when they do not even know what they are defending??

[teaboy2]

have you been given a copy of the particular of claim when you were at the court. if not your friends needs to request a copy from SLC and the have a legal obligation to provide it. if you have it then please post it up on here like you did the cca so we can then take their case apart and form a defence for you.

[42man]

And you tend to find that at a charging order hearing the judge usually only deals with the charging order issue itself and would only consider the setting aside of the charging order IF there was an application to set aside the original CCJ.....which are normally heard at the same time.

[42man]

You should be able to get a copy of the claim from the court the CCJ was issued in, you can check here if you don't know which court it was - CCJs, court orders & fines - Search yourself and others - Trust Online

[KJ123]

My friend did make an application to set aside which was heard at the same time as the Charging Order hearing but as the Judge would not grant the set aside the Charging Order was automatic.

 

She never even thought to ask for the poc - we are just writing a letter now to the SLC asking for them and a legiable copy of the agreements - will let you know when we get them - thanks so much for all your help:)

[42man]

Unlikely they will still have a copy of the POC's at the SLC although a full SAR might be a good idea....the court should though....

[kurvaface]

subbing