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

[confusedoldstudent]

Pheww..........

 

Thanks Andy:-D

[confusedoldstudent]

Hi guys,

Hope everyone is fine.

Just keeping you up to date. I haven't heard anything from HSL nor their solicitor since their letter dated 12th of November.

As Christmas is coming and the new year upon us. I am hoping I will hear and see the end of it before christmas:

Take care and have a Merry christmas

[confusedoldstudent]

Hi,

Received a letter and 2 copies of what looked like a signed agreement both dated 1998 from Drydens.

 

Can someone please help me, I am even more confused and really do not have a clue what they are talking about now.

I wonder why they didnt mention anything about the SB defence

 

 

Please read the content of their letter below

 

As requested we attach hereto 2 copies of the agreement upon which the claim is based.

 

With regard to your request for details of interest, we refer to you the agreement which shows that the Agreements would carry annual percentage of 2.6%. Furthermore, the claim has issued as you will see from the Particulars of claims interest at the County Court rate from the Default notice expired( I really do no understand this part)

 

We consider that the attached information is more than sufficient for you to understand the Claim made against you and remind you of CPR.31 does not apply to claims allocated to the Small Claims Track.

 

Given the issues raised and simply the nature of the debt, we consider the Small Claims is the most appropriate track for dealing with this dispute.

[AndyOrch]

Hi Confused

 

They are simply responding to your CPR request with disclosure.It does not alter the fact its still SB.

 

" Particulars of claims interest at the county court rate from the Default notice expired" Simply means they claim simple section 69 interest (8% at the courts discretion) on outstanding debts......should they be allowed the judgment.

 

Regards

 

Andy

[confusedoldstudent]

Thank Andy,

 

So what should I do now please.

 

 

Merry Christmas everyone

[AndyOrch]

Wait to see if they wish to proceed..if they do you will receive an AQ

 

PS the claim has not been allocated to track yet so CPR31 does apply.

 

Andy

[confusedoldstudent]

Ok Andy, thank you very much. I'll do that.

 

Thanks again.

 

Confusedoldstudent

[Surfer01]

I was a student from 1998 until 2001 and it was the new system in place at that time regarding loans.

I think the threshold in 2001 until 2008 was well under £15,000 per annum.

I think I started repaying the student loan in 2002 when I was on £12,000

and as my salary increased so did the amount paid back.

This was done automatically by the employer via the tax department.

If you were employed in the last six years and earned more than £15,000 per annum before tax, more than likely, the loan company received a payment.

I think the threshold is now £15,794.

I am not sure when the threshold changed and was made higher.

You would need to check your salary slips

.the Student Loan company should have issued an annual statement.

[confusedoldstudent]

Hi all,

Happy new year.......2013,

Just to inform you of the twist of matters.

I received a letter from HSL today, read as follow...............

We refer to the above matter and write further to your correspondence dated 31st October 2012 and defence dated 5th November 2012. Please accept our apologies for the delay in our response.

We note that both the correspondence and defence are unsigned. In order for us to insure that we are dealing with account holder please could you provide signed copies of the above documents.

Upon receipt of the sought documents, we will respond accordingly.

First and foremost, I didn't remember not signing the documents and secondly I don't understand why they (HSL) are now getting back to me instead of their Solicitors (Drydens) who has responded to these unsigned documents as they claim.

What do you advice I do now please.

Many thanks

[AndyOrch]

The defence was firstly submitted to their Sols and then a further one to Northampton If recall....If you had submitted on line it would not require a SoT (Statement of Truth) as it was by post then it would.

There is no copy on your thread to check...I assume you retained a copy elsewhere?

 

The CPR request does not require a SoT or a signature...I would suggest that this may be a fishing of signature exercise.

 

Regards

 

Andy

[confusedoldstudent]

Good morning,

Yes you are right, I submitted a defence to the solicitor, ( posted by recorded delivery as you advised), and I then submitted online through the MCOL process the court sent me.

The court has acknowledge my defence by sending me a letter a day after I submitted online which read.............

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for order lifting the stay.

I agree with you, I think they need my signature for some reason, as I am sure I signed the letter I sent to their solicitor. So I should stay put and do nothing.

Many thanks

[AndyOrch]

Agreed Northampton have accepted so they will too.

[confusedoldstudent]

Hi all, happy many years ago.

Just to update you on things.

Since I sent my SB letter to Drydensfairfax years back (2012), they occasionally send load statements to which I don't reply.

Up until today to my surprise I received a letter from Drydensfairfax stating.....

.........We, as you are aware act on behave of HTL (honour trustee limited) in connection with proceedings issued against you for the sum of £x,xxx.xx being monies due under loan agreements together with interest and costs.

In response to our clients claim you have filed a defence disputing the full amount of our client's claim on the grounds that ....

The claim is SB

The claimant claims to be entitled to £x,xxx.xx is denied

Enclose credit agreement and statements of account.

Default notice

Termination notice

The letter further stated

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

.....this is what I received today .

For a moment I thought that was the end as I did not hear from them since I serve the SB letter to them way back in 2012.

Please can you chime light into this.

Thanks

[Guest]

what is the status of the original court claim, did they discontinue or was it stayed?

[confusedoldstudent]

Hiya, I think it must have been stayed, as I did not receive anything further from them

[Guest]

hi

give the court a ring, doublecheck.

assuming is stayed, then they wld have to make an application to lift the stay. you'll get formal notice of that if they do.

remind

when did they start asking for payment

what amount (arrears or full amount) did they ask for in the def notice

[confusedoldstudent]

You mean Drydensfairfax

......I believe the first I receive from them was when I received a letter from court October 2012.

Requesting I pay £5,xxx.xx i believe it to be arrears because of the amount

It also stated in the particulars of claim

....the defendant has failed to make payments under the loan(s) and failed to comply with the default notice served under section 87 (1) on 16.12.2006

[MissTerry]

Yeah I received a similar letter and lots of info asking me to now complete an income and expense form which if I signed I would be agreeing to the be liable for the amount owed. Thinking its a new tactic?

[confusedoldstudent]

Hi terry,

 

I was actually looking at your post and you were right. I think it's a new tactic.

 

It must be a new recruit dealing with our case

 

@ Ford....

 

I just went digging in my files.

 

I saw a letter from court dated November 2012 from court.

 

Stating the court is in receipt of my defence and a copy has been served on the claimant or it solicitor.

 

.....the claimant must contact the court within 28 days after receiving a copy of my defence if he wishes to proceed.

 

So I believe it's stayed but I will call the court tomorrow as you have advised

 

Thanks

[dx100uk]

Willy waving

Ignore them

Dx

[MissTerry]

Heard any more?

[confusedoldstudent]

Hi all,

 

It's been a while, ......

 

Good evening miss terry.

 

Yes, I did.

 

They have since send me letters saying they were disappointed to note they have not received a response from me

 

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........

 

At Dx, Ford........

 

Just to check again, I called the court on the Monday and I was told the case is stayed.......

 

Please....What should I do now

[MissTerry]

I got the same letter today! Not sure what to do with it!

 

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........

[confusedoldstudent]

Really......I'm sure its the same person dealling with these case

[Guest]

seems still then is as per post #48 ie they wld have to make an application to lift the stay?