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

[confusedoldstudent]

Oh yes, I have with me an application notice n244? Is it this one?

 

And I also have Notice of hearing of application

[AndyOrch]

Oh yes, I have with me an application notice n244? Is it this one?

 

And I also have Notice of hearing of application

 

No...when you submitted your DQ (Directions Questionnaire) you then receive a Notice called Notice of Allocation...this states the date of the trial and directions and timetable of event (directions)

 

The above you refer to looks like an application for something else...Summary Judgment or strike out of your defence...what does it state?

[confusedoldstudent]

On the n244 form

 

Order required by drydens ltd

 

1. The stay imposed on the proceedings be lifted

2. The defence be struck out and/ or summary judgment entered against the defendant pursuant to CPR 24; and

3. An order for costs be made against the defendant

The defendant's defence does not raise any grounds with a reasonable prospect of successfully defending the claim and their is no other good reason why the matter should be dispensed of at trial

[AndyOrch]

Thought as much...as the claim was stayed you have not received a Notice of Allocation.

 

The above is a separate entity to the claim process...they have made application for SJ/SO your date for hearing in Feb is to deal with this application.....

 

Take a read and get up to speed with regards to summary judgment..then I can advise further.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

Regards

 

Andy

[confusedoldstudent]

And the notice of hearing of application......

......just state

 

....date and time of hearing

......if the defendant wishes to oppose the application then she shall file a witness statement

........if the defendant complies with paragraph 2 above the claimant shall serve and file a bundle no later than 7 days before the hearing containing inter alia ( what does this mean please)

a) case summary not exceeding 500 words

b) chronology

c) confirmation that time estimate is correct or otherwise

 

....... This order was made of the courts own initiative pursuant to CPR part 3.3(4). .....

 

Ok, thank you.

 

So do I still need to require anything from drysden as advise before

[AndyOrch]

And the notice of hearing of application......

......just state

 

....date and time of hearing

......if the defendant wishes to oppose the application then she shall file a witness statement

........if the defendant complies with paragraph 2 above the claimant shall serve and file a bundle no later than 7 days before the hearing containing inter alia ( what does this mean please)

a) case summary not exceeding 500 words

b) chronology

c) confirmation that time estimate is correct or otherwise

 

....... This order was made of the courts own initiative pursuant to CPR part 3.3(4). .....

 

Yes I was coming to that next once you had digested the process of Summary Judgment ...you will be submitting your own witness statement in support of your defence and objection to their application...but we can go through this nearer the time.

 

Have they attached a Witness statement in support of their application ?

[confusedoldstudent]

Hmmm ok, thanks.

 

No, they didn't attach a witness statement

 

Hi

 

Thank you, i have read and gone through the SJ as advised, what should i do now please.

[AndyOrch]

Start looking at witness statements and how to prepare draft an effective response.

 

Andy

[confusedoldstudent]

ok, you mean on the internet

 

Even when i havent receive any statement from the claimant

[AndyOrch]

ok, you mean on the internet

 

Well this Forum mainly is the best source...you dont need statements...your defence is not reliant on them.

[confusedoldstudent]

ok, andy, i just dont know how to start or where to begin..............

 

is the sb statement i serve them before any good........... i meant to look through to prepare my defence please

[AndyOrch]

This is your defence that you submitted.

 

 

 

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 acticon 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 DEFENSE ARE TRUE.

 

Signed:

 

Dated:

 

So now you must submit a witness statement as to support that defence and the reason why you think its its statute barred and why the claimant should be denied application for summary judgment.

 

Type witness statement into the search bar top right under the CAG logo ...this will bring up any threads were witness statement is referred to and may even include an example...just look at the examples for now and understand the style layout and form...you wont find many witness statements in connection to statue barred as claimants do not normally proceed to that point...let alone make application for summary judgment.

 

I will assist you with its contents once you are ready to draft....if you can state why the claimant does not think its statute barred and their arguments against.

 

Regards

 

Andy

[confusedoldstudent]

ok andy, thank you very much.

 

i'll start working on it.....

 

i suppose i have until next week to send it to court

[AndyOrch]

Must be submitted and served not less than 7 days pre hearing.

[confusedoldstudent]

ok, thanks

[confusedoldstudent]

Good morning,

 

Many thanks for the advice so far,............yes i have type up my defence and gone through some cases on witness statement as advised.

 

What do i do now please

[AndyOrch]

Post your draft Witness statement here for checking.

[confusedoldstudent]

ok, im not sure ...........

 

I {name……….}. of my address}………, {age} states…...

 

 

 

I believe this is SB because

 

1. I did not remember receiving a notice of assignment from Honour Trustee Limited

 

2. I have not made any payment or acknowledge the debt in writing in over 6 years.

[AndyOrch]

Requires a little more work Confused...I will look at it when its less busy on here when I get a quiet moment......If.

[confusedoldstudent]

ok, many thanks

 

i thought so..............im just a little bit unsure as to how.

 

more of the examples i saw were a little of more stories behind their cases than mine.

[AndyOrch]

In the XXXXXXXXX County Court Claim no. XXXXXXXX

 

Between :

 

XXXXXXXXX Claimant

And

XXXXXXXXX

Defendant

 

Witness Statement of Confusedoldstudent in response to the Claimants application for Summary Judgment CPR 24

 

I Confusedoldstudent of (insert address) WILL STATE AS FOLLOWS:

 

1.I am the defendant in this case and state the following in support of my defence dated xxxxxxx in response to a claim made by the claimant dated xx October 2012 and in objection to the claimants application for Summary Judgment dated xxxxxx.The claim has been stayed since xxxxxxxx.

 

2.The claimants particulars

 

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.

 

The defendant has failed to comply with the Default Notice served under Section 87 (1) on 16/12/2006

 

And the Claimant claims

The sum of 5918.92

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

Costs

 

3. My defence

 

The Claimant's claim was issued on (xx October 2012).

 

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.

 

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

 

4.I will contend that this Student loan was entered into in 1997 and therefore old style or ‘mortgage’ student loans which are Consumer Credit Agreements pursuant to the CCA1974.

 

The claimant contends and confirmed in writing that that the default notice was issued December 2006. Therefore the debt was and is not statute barred

The termination notice was not issued until June 2007.

 

The claim was issued October 2012, the loan was taken in 1997 with no payment or acknowledgment ever made in a period of 15 years prior to the claim.

 

5.Originally administered by the Student Loans Company (SLC), these loans are repaid at a fixed monthly amount over a period of between five and seven years. Interest rates are based on the retail prices index (RPI) rate of inflation. Crucially, graduates can defer repayments if they earn less than £28,775 a year. The loans are written off 25 years after graduation or when the borrower turns 50, whichever happens first.

 

6.It is denied that I was ever served a Default Notice served under Section 87 (1) on 16/12/2006

It is further denied that I was ever served Notice of Assignment from Student Loans (SLC) to the Claimant pursuant to sec 136 of the Law of Property Act 1925

 

7. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed .

 

I believe the facts stated in this Witness Statement are true

 

 

Signature xxxxxxxx

 

Dated.xxxxxxx

[confusedoldstudent]

Good morning,

 

Many thanks for the draft above. I'll check through and fill in where appropriate.

 

i'll post it for final check.

 

Ok, I have checked through and fill where appropriate.

 

Please can you check this through for me, I understand I have to get this to the court. Can I post it or take it to the court......it's about an hour away.

 

 

Many thanks for your time and advise.

 

 

 

 

In the County Court Business Centre Claim no. 2xxxxxxxx

 

Between :

 

Honour Trustee Limited

And

Mxxxxxxxxxx

 

Witness Statement of Kxxxxxxxxx in response to the Claimants application for Summary Judgment CPR 24

 

I xxxxxxxx of 10 Xxxxxxxxxxxxxxx WILL STATE AS FOLLOWS:

 

1.I am the defendant in this case and state the following in support of my defence dated 10 January 2016 in response to a claim made by the claimant dated 15 October 2012 and in objection to the claimants application for Summary Judgment dated 20 October 2015. The claim has been stayed since 6 November 2012

 

2.The claimants particulars

 

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.

 

The defendant has failed to comply with the Default Notice served under Section 87 (1) on 16/12/2006

 

And the Claimant claims

The sum of 5918.92

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

Costs

 

3. My defence

 

The Claimant's claim was issued on 15 October 2012.

 

The 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.

 

The Claimant's claim to be entitled to payment of £5918.92 or any other sum, or relief of any kind is denied.

 

4.I will contend that this Student loan was entered into in 1997 and therefore old style or ‘mortgage’ student loans which are Consumer Credit Agreements pursuant to the CCA1974.

 

The claimant contends and confirmed in writing that that the default notice was issued December 2006. Therefore the debt was and is not statute barred

The termination notice was not issued until June 2007.

 

The claim was issued October 2012, the loan was taken in 1997 with no payment or acknowledgment ever made in a period of 15 years prior to the claim.

 

5.Originally administered by the Student Loans Company (SLC), these loans are repaid at a fixed monthly amount over a period of between five and seven years. Interest rates are based on the retail prices index (RPI) rate of inflation. Crucially, graduates can defer repayments if they earn less than £28,775 a year. The loans are written off 25 years after graduation or when the borrower turns 50, whichever happens first.

 

6.It is denied that I was ever served a Default Notice served under Section 87 (1) on 16/12/2006

It is further denied that I was ever served Notice of Assignment from Student Loans (SLC) to the Claimant pursuant to sec 136 of the Law of Property Act 1925

 

7. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed .

 

I believe the facts stated in this Witness Statement are true

 

 

Signature

 

Dated 25.01.2016

[AndyOrch]

I would post...subject to your time constraints...your choice....dont forget to serve a copy on the claimants sols.

[confusedoldstudent]

Ok Andy, ....

 

So l should post both my defence and witness statement to the court and claimant sos.

[AndyOrch]

No just the Witness statement above...not your defence.....the above must reach the court not less than 7 days before the hearing for Summary Judgment.