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

[confusedoldstudent]

Ok......I should still ignore them ?..

 

Thanks

[Guest]

remind, what is the latest/last correspondence from them?

[confusedoldstudent]

The last correspondence was as stated above.....

 

They further says in the letter dated 22nd of September ......

 

......failure to deal with this matter we are left with no alternative but to take our clients further instructions with a view to pursuing the court proceedings........

 

Apart from the above letter dated 22nd of September I have not heard from them yet

[Guest]

'failure to deal with this matter', whats the rest of their letter.

no worries if you dont want to say. if they decide to 'continue' in court then, as it is stayed, they'll have to make an application to lift the stay. which you'll get notice of.

[confusedoldstudent]

It's ok, i don't mind at all..... The letter reads as follow

 

In view of your failure to deal with this matter we are left with no alternative but to take our client's further instructions with a view to pursuing the court proceedings. As you will appreciate, this could result in a county court judgment being entered against you and you also being liable for additional costs.

 

We trust that this course of action will not be necessary and look forward to hearing from you by return

 

 

......

[dx100uk]

Willy waving again

 

File and pay the fee you fleecers

Else go away

 

Dx

[confusedoldstudent]

Sorry, I don't get you.

[SabreSheep]

A DCA cannot take you to court for a debt they do not owe. ONLY the debt owner can pursue court action.

[dx100uk]

missed a word out that's why it reads funny

if they wanna do something

as stated before

they need to pay the fee to lift the stay and produce the docs

 

 

they haven't

I bet they they wont

willy waving

 

 

dx

[confusedoldstudent]

Oh ok, now I understand.

 

Thank you

 

So I should just ignore n wait and see what they come up with next

[shamrocker]

That's what the guys above are saying - just ignore it and see if they proceed.

[confusedoldstudent]

Hi all,

I received a letter from court .....that the claim has been transferred to the county court near me......to deal with the claimants application for lifting the stay, striking out the defence and entering summary judgment

 

...............

[AndyOrch]

Read CPR 24 re Summary Judgment and what you need to do to object/fight it.

 

Andy

[confusedoldstudent]

Ok, thanks.

Where do I get this information please

[AndyOrch]

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

[confusedoldstudent]

Ok, thanks will do.

[WindySock]

We would advise that the default notice was issued on the december 2006. Therefore the debt was and is not statute barred. The termination notice was not issued until June 2007

 

So they claim...

 

Default Notice under s87 CCA1974 issued - December 2006

 

Termination Notice issued - June 2007

 

and you say

 

Claim issued - October 2012

 

In other words, their summary judgement/strike out of defence application will be based on the fact that less than 6 years passed between ether the expiry of the DN or the termination notice?

 

An argument analogous to that in BMW v Hart?

[confusedoldstudent]

Thank you....

 

Do I wait until I receive/hear from the court or I have to draft something now.

[Guest]

see post #78, as well as its associated Practice Direction.

 

as windysock says, as it is re a loan they will probably argue that the bar wld run from a notice(s). depends on the full circumstances. if so, statute bar may be unlikely as the earliest one seems to be dec 06?

[AndyOrch]

You need to wait until you get the date of the hearing for application...you also require a copy of their application notice and any witness statement in support of.You can then draft your own witness statement in response...which must be filed and served bot less than 14 days to the hearing.....which you will then present at said hearing.

 

Regards

 

Andy

[Guest]

looking back, you said first post

I cannot remember paying or not paying towards the loan.

can you remind, what has happened since 2001. presume it was deferred/ payments at some point from then otherwise it would be some time. the loan wld've been due for payment after studies if not deferred, and a default notice should follow soon after non payments.

so, it may well could be argued that it should be barred depending on those circumstances. can you remember when/if you last paid, and what has happened since.

[confusedoldstudent]

looking back, you said first post can you remind, what has happened since 2001. presume it was deferred/ payments at some point from then otherwise it would be some time. the loan wld've been due for payment after studies if not deferred, and a default notice should follow soon after non payments.

so, it may well could be argued that it should be barred depending on those circumstances. can you remember when/if you last paid, and what has happened since.

 

To be honest, i didn't remember paying them

 

Since 2001, I am definitely sure I didn't pay them, as I wasn't working and later that year I was pregnant

[unclebulgaria67]

You need to find out from your local County Court what the current status of this court claim is.

 

 

Back in November you mentioned that it was being transfered to your local court,

 

 

but no mention since of what has happened with the court claim.

[confusedoldstudent]

Sorry....... I forgot to mention it

 

A court date has been set to first week in February

 

You need to wait until you get the date of the hearing for application...you also require a copy of their application notice and any witness statement in support of.You can then draft your own witness statement in response...which must be filed and served bot less than 14 days to the hearing.....which you will then present at said hearing.

 

Regards

 

Andy

 

 

Hi Andy,

 

The hearing date has been set to 1st of February at my local court.

 

Should I call them to request for a copy of their application notice and their witness statement or what should I do, as I am yet to receive it from them

 

Hi all, this might not mean much...... I just noticed a letter dated 31st of August 2015 from erudio student loans

 

 

.....unless you are in deferment, you need to pay £0.00 on the 25th of each month

[AndyOrch]

Sorry....... I forgot to mention it

 

A court date has been set to first week in February

 

Hi Andy,

 

The hearing date has been set to 1st of February at my local court.

 

Should I call them to request for a copy of their application notice and their witness statement or what should I do, as I am yet to receive it from them

 

If you have the date of trial they I assume you have the Notice of Allocation ........that contains the directions to what each party must comply with before the trial.

This normally covers disclosure and witness statements...which must be complied with by the dates stated.

 

Andy