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slc 1999 ccj - Drysden chasing Students loan pre 1998


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They cannot enforce, as there is no active CCJ in existence. Enforcement is only possible for a 6 year period from the date of judgement, after which the claimant would have to go back to court to seek an extended period, which is unlikely to be given this late in the day.

 

They cannot seek a new CCJ for the same issue.

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Look at the original agreement.

Clause 1.1 says that any amendment to the 1990 act will be regarded as the applicable regulations.

The 1997 and 1998 regulations (before the sale) said if you take out another loan then they will treated as one loan,

therefore selling them to HSL means that they cant abide by the regulations and as such the clause allowing the sale is an unfair contract term (as it was used to circumvent what the law would have said if left to itself).

This means that the sale of loans to HSL was illegal.

I am challenging them on this point at this very moment.

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