Honours/Drydens claimform - old SLC Loans stayed - now n244 sj/strike out

[confusedoldstudent]

Hi, I am just wondering if anyone can advice me on what to do.

I took out a student loan while at uni during the 1997-2001.

I cannot remember paying or not paying towards the loan.

As I understood it if you are earning £2318 or less per month (as stated on the letter sent to me by honour student) you can defer payment.

I was made redundant in November 2010 and I am now self employed since January 2012.

I have not been responding to their letters for the past 6 years or so as I am not earning close to that amount.

I received a claimform through the post on the 15th of October from Northampton Court that I am owing £6236.16

Out of panic and confusion I didnt do anything

this morning I log on to the MoneyClaim website where I filed and sent off the Acknowledgement of Service that

"I intend to defend part of this claim.

As I only have 14 days to do so as I do not want judgement to be entered against me as I believe the amount I owe is way less that £6236.16.

My confusion is that I dont know what to do now.

Please any advice/information will be well appreciated.

 

Thanks

[ims21]

Thread moved to Legal forum

[confusedoldstudent]

Ok thanks,

 

Any response in regards to my case will be greatly appreciated.

 

Thanks

[AndyOrch]

Hi Confused and welcome to CAG

 

If you could type out the particulars of claim (verbatim)

 

Any defence only needs to be submitted by the 16th Nov.

 

Regards

 

Andy

[42man]

If this is an 'old' style student loan (which it looks to be) look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?191527

 

And providing you have not made any payments for 6 years or acknowledged the debt in writing - 5 years in Scotland (or there is a gap of at least 6 years where you have not made a payment) then it will be statute barred.

[confusedoldstudent]

Thanks Andy and 42man

The particulars of claims reads like this

1. The Claimant's (Honours Trustee Ltd) claim is for the sum of £5918.92 due under loan agreements between the Claimant (including predecessors in title) and the Defendant dated between 29/01/1998 and regulated by the consumer Credit Act 1974.

2. The defendant has failed to comply with the Default Notice served under Section 87 (1) on 16/12/2006 (I didn't think I received this from them)

And the Claimant claims

1. The sum of 5918.92

2. Interest pursuant to Section 69 of the County Courts Act 1984 totalling 27.24 to 15/10/2012 and continuing until judgement or payment at a daily rate of 1.29730

3. Costs

Drydens Limited t/a drydensfairfax solicitors.

 42man, Yes I do think its an old style student loan, but can I still statute bar even now that they've issued a court claim.

 

Thank you>

[AndyOrch]

" but can I still statute barred even now that they've issued a court claim."

 

Providing you have not made payment or acknowledged within a period of 6 years then yes its SB, the Summons is irrelevant.

 

Andy

[confusedoldstudent]

Thanks Andy for your prompt reply.

 

What step should I take now.

 

Do I write to the court, Drydensfairfax or Honours Student Loans

 

Thanks

[AndyOrch]

Assuming you have not made payment or acknowledged then follow the N1 (summons ) process..you have 33 days 5 deemed served so 28 (14 to Acknowledge Service and if defending a further 14 to submit your defence.

You will submit a Statute Barred Defence....that should extinguish the matter...end of.

 

Regards

 

Andy

[42man]

I noticed you had submitted a 'partial defence'

the statute barred defence is a total defence....

I am interested to know how and if you can change the plea ?

The statute barred defence is here -

http://www.consumeractiongroup.co.uk/forum/showthread.php?162456-Help-with-statute-barred-debt-county-court-claim-form

[AndyOrch]

No defence submitted yet 42man only AoS " "I intend to defend part of this claim "

 

Andy

[42man]

Can it be changed to 'defend all' easily enough Andy ?

[AndyOrch]

No need to really 42 as a defence still has to be submitted and will still be treated as a defend all...the defence will reiterate that.The Claimant can not submit a N225/N227 (request for judgment)

 

Regards

 

Andy

[42man]

Thanks for that Andy......v much appreciated.

[confusedoldstudent]

Thanks guys,

 

As I understood it now, I need to send two letters back to the court. Hope I've got this right. My defence and the Limitation Letter.

 

1. Statute Barred defence link from 42man:

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

Do not allow denial as you know it to be true, change last sentence to ' the claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission.'

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Be more assertive and disallow doubt to appear, change 'believe' to 'am absolutely certain'

Signed:

 

Dated:

 

AND

 

2. The limitation letter from the thread (#19)

 

 

Sorry, just a little bit still confused hope I've got it right.

 

I will redraft mine now and keep you posted.

 

 

Thank you.

[AndyOrch]

Just submit the defence on line...should be the end of the matter.

 

Andy

[confusedoldstudent]

Thank you very much guys.

 

I have written the defence letter and posted it recorded delivery to Drydensfairfax on the 31st of Oct.

 

All I have to do now is wait and see.

 

I appreciate you all for your help and advice. Million thanks.

 

 

I'll keep you posted.

 

Thanks

[AndyOrch]

Defence must go to Northampton not the Sols...they could misplace it and request judgment.

 

Regards

 

Andy

[confusedoldstudent]

Ok Andy, I'll do that straight away.

Thanks

Hello,

Defence sent to the court. Thank you.

Good evening guys,

I received a letter from Honours Student Loans dated 30th October 2012.

Which reads as follow:

NOTICE OF SUMS IN ARREARS

Balance £xxxx.xx

We are required to give you this notice in compliance with the Consumer Credit Act 1974 because you are behind with your payments under the agreement.

This notice is for information purposes only and is not demand for payment. Please continue to direct all your correspondence and telephone calls to Drydens Solicitors.

I am more confused now. Why have they sent me this letter and what does it mean and what should I do.

Many thanks for advice.

[unclebulgaria67]

No idea why they have sent this to you. Perhaps it was a document they should have sent years ago, but they did not. Anyway your defence is statute barred and they have to prove otherwise.

[confusedoldstudent]

Thanks unclebulgaria, that was exactly what i thought.

[AndyOrch]

This amendment has been made in case of failure to give notice of sums in arrears in CCA 1974. Section 11 CCA 2006 inserts a new section - 86D - that sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C.

 

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

Pity they issued it after litigation but they are trying...bless them.

 

Andy

[confusedoldstudent]

Hi Andy.

 

 

Thanks for clarifying it for me.

 

 

Will keep you posted.

 

Thanks

[confusedoldstudent]

Good afternoon everyone.

 

I just received a letter dated 12th of November from Honours's solicitor.

 

"We write with regard to the above matter and further to your recent letter at these offices.

 

Given the contents of your letter we confirm that we are now taking our clients instructions and will respond to you in full in the next 14 days".

 

 

They have completely ignore the 7 days reply notice I gave them in my letter and they are now asking for further 14 days. ??????

[AndyOrch]

Let them take as long as they wish ........defence has been submitted...there is no response to a SB defence..apart from a Notice of Discontinuence

 

 

Regards

 

Andy