Honours Trustee Limited/drydens - CLaimform - 3 pre98 SLC Student Loans

[MissTerry]

I've received a claim form (infortunately at an address I own but do not live at so i have very little time to respond).

 

The particulars are:

 

The Claimant's claim is for the sum of 3***.** due under loan agreements between claimant (including predecessors in title) and the Defendant dated between 26/11/1996 and 10/11/1998 regulated by the Consumer Credit Act 1974.

 

The Defendant has failed to make repayments under the loans and failed to comply with the Default Notice Served under section 87(1) on 26/04/2006.

 

And the claimant claims

1. The sum of 3***.**

2. The interest pursuant to Section 69 of the County Courts Act 1984 totalling 74.49 on 07/02/2014

and continuing until Judgement or payment at a daily rate of 0.68336

3. Costs

 

Drydens Limited t/a drydensfairfaxsolicitors 07/02/2014.

 

The claimant is listed as Honours Trustee Limited, Claypit Lane, Leeds, LS2 8AE

 

This has been to varying debt collection agencies and I have made some payments over the years and this is classed as in arrears.

 

I am in a debt management plan with Stephchange who have taken this out of their payments

and advise this will now be a CCJ and i should respond making the offer they have outlined.

 

Should i really lie down and accept a CCJ?

 

Any help would be appreciated!

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along over the course of the day, although weekends are always quieter here.

 

My best, HB

[MissTerry]

Thanks

[silverfox1961]

To assist the legal bods (when they arrive) did you defer each year?

 

If not when was the last time you deferred?

 

I think you are aware that the criteria changed (I think) in 1998 and your loan was covered by the CCA 1974 and as such, if no acknowledgement of the debt (deferrment) occured in a six year period, the debt is Statute Barred.

[MissTerry]

Hi,

 

I'm guessing i stopped deferring in the early 2000's but not sure exactly when.

 

It has been to and from many debt collection agencies.

It was with Clarity which i did pay for a while

- i'll check my bank statements and see if i can find when.

 

My confusion around this is that I was defering but apparently needed to defer each seperately which i didn't?

So how can they then bunch all of them together?

 

Before i received the claim form

i contacted Dryden asking for balance etc

as i was entering dept management plan and got no reply.

 

On calling them i was advised a claim form had been sent.

 

I got transferred to someone who advised to make an offer of payment.

 

It went to old address and picked up form and called to discuss payment options

and was told they were not willing to talk to me outside of the CC process

and i must complete the forms.

[silverfox1961]

It was with Clarity which i did pay for a while - i'll check my bank statements and see if i can find when.

 

That is very important. If it was within the last 6 years, the debt will NOT be SB

 

Have you said in any letter that you acknowledge the debt? (within the last 6 years)

[MissTerry]

Looks like I paid clarity from at least 2007

last payment possibly July 2011??

 

It was then returned to HSL.

 

Who apparently passed it on and gave me a number to contact

however they stated they hadn't received it yet

so couldn't set up payment and would contact me when they did? (possibly fredricksons>?)

 

not sure what happened to it after that.

 

Moved out of address in 2012.

 

Picked up mail a few times and saw nothing.

 

Picked up in January 2013 and

 

had 2 letters from drydens and

one from HSL sent in October 2012 (statement of arrears - oddly only the one?)

 

However i'm not the only person with access to this address

so cant guarantee others were sent.

 

I've not sent any letters in the last 6 years.

 

I did send an email this year as follows word for word:

I am sorry that I am unable to keep up my monthly payments to your company.

I have hit severe financial difficulties and am currently in arrears on my mortgage.

 

I am working with StepChange to improve my financial situation and set up a debt management plan.

 

I am writing to all my creditors asking for details of the balance outstanding on my accounts.

Once I have this information I will be able to work out how much I can afford to pay to each creditor.

 

As it may take a little time for all my creditors to reply,

it would be helpful if you could hold action on my account for two months

and agree to freeze interest and other charges to stop my debt increasing.

If you are unable to agree to this, please explain your reasons.

 

 

Thank you for your help and I look forward to hearing from you.

 

i got no aknowledgement or reply.

 

(Double checked paid Clarity £1200 between Sept 2009 and July 2011 (no payments ever directly to student loans. Last deferment 2001.

(annoyingly I wish i had sort advice back then as i believe it was over 6 years since I had done anything with the debt prior to this/

 

Are they able to bunch three separate loans which are under CCA 1974 together in one claim??

 

I can't tell you the value of them separately as they seem to always quote them all together?

[silverfox1961]

So you paid nothing nor acknowledged anything from 2001 to 2009?

 

Please double check that and reply. I will ask for assistance but I think the debt IS statute Barred (but don't quote me)

[MissTerry]

How would I double check? I don't have any records prior to 2007

[dx100uk]

http://www.theguardian.com/money/2007/feb/20/consumernews.consumeraffairs2

 

worthy of a read.

 

something is not quite right here

honours trustee closed in 2004?

so cant be the claimant.?

 

dx

[MissTerry]

Looked at their website. Its sates the Honours Student Loans companies registered office as:

Honours Trustee Limited

c/o Wilmington Trust SP Services (London) Ltd, Third Floor, 1 King's Arm Yard, London, EC2R 7AF

Company Number 3716001

 

http://wck2.companieshouse.gov.uk//compdetails

[silverfox1961]

If you haven't done so yet, acknowledge the claim and indicate you will defend all.

 

As for getting records for what was and wasn't paid. Bank statements?

 

You would need to contact all the creditors that you made payment to in order to get statements (if they have them)

 

It may be that you will have to send a Subject Access Request to whomever has your data. There is a template letter for a SAR in the library.

[MissTerry]

Hi, Obviously i'm a little nervous re all of this.

 

 

How can i defend these?

 

 

Assuming my memory may not be very accurate as we are talking 10 years ago and the timeline may in reality be very different?

 

Would student loans company be able to provide all information re account statements?

 

 

Do i need to SAR these or would these be provided as the are pertinent to claim?

[dx100uk]

p'haps you could ring honours and ask when was your last referral and payment to THEM.

 

don't say anything about payments to clarity till they do.

 

I say its 6yrs as SF does so its statute barred before you paid clarity.

 

dx

[MissTerry]

Called them and it gets weirder.

 

 

They recon i last defered in 2006.

 

 

So how on earth can i have a default in 2006?

 

 

To quote them: Default Notice Served under section 87(1) on 26/04/2006

 

They refused to confirm when they last received payment and told me to contact drydens

 

I've double checked my credit history and can't find anything at all on it re Student Loans??

[AndyOrch]

Sounds very much then from your last posts it is statute barred.....If ever in doubt of a claim you always defend and dont forget the onus is on the claimant to prove its claim not for you to prove it.

 

Regards

 

Andy

[MissTerry]

Hi Andy, Do you know if they can actually take three separate loans with differing terms and conditions and group them together anyway for a ccj? This is three seperate loan agreements?

[AndyOrch]

Unfortunately yes they can I'm afraid.They would have to plead each separately by its agreement and T&Cs.

[MissTerry]

Would making an offer of payment and a payment harm my case? I'm not against paying for my debts i just don't want a ccj?

[AndyOrch]

It wont assist it in anyway or stop a CCJ (unless its accepted as F&FS) and may damage the validity of any Statute Barred defence.Dont make any knee jerk reaction you have time to consider and gather information to assist in how you wish to proceed.

 

Andy

[dx100uk]

student loans originating from gov't funding

should never show on cra files.

 

dx

[MissTerry]

Ok so I acknowledge forms and tick defend all. What do I do now? I'm guessing I need a history of payments and a copy of supposed default notice?

[dx100uk]

right some notes of worth:

 

this claimform [issued 7/2/14?]

 

is for 3+? SLC loans lumped together

from dryden Fairfax

 

it was sent to an old registered address still owned by the defendant.

 

the loans were taken out between 26/11/96 & 10-11=98.

 

and latterly all sold? to Honours Trustees.

 

'a' default notice issued by SLC on 26/04/2006. 

 

clarity DCA got £1200 thru payments made to them

sept 2009 - july 2011

 

this loan was then passed back to Honour Student loans

 

the OP moved out of the registered address in 2012.

 

things to do:

 

CCA requests to DF ASAP

CPR 3!:14 to DF ASAP

 

secondly

SAR to SLC

SAR to HSL

[MissTerry]

Claim form issued 10/02/14.

 

I'll double check dates as I would expect the loans to have been taken out before November? there are 3 student loans,.

 

Apparently default in 1996,

no idea if this was on one or more.

 

I believe I had never received a notice of arrears before dryden took it on.

 

Should I only defend in part or in full or are you saying not at all?

 

I have no idea what CPR 3:14 is?

 

Apologies

[dx100uk]

either you are getting confused or typing dates wrong?

 

you now say defaulted 1996?

 

they don't have to send an arrears notice

 

but they will have to have a signed copy of each of the three loan agreement as andy has stated before.

and default notices for each loan too.

 

yes defend all [else you'll get a CCJ by DEFAULT]

don't tick the jurisdiction box

 

CRP for loans is in the legal section of the green library tab top left

 

as well as the CCA request.

 

you need ONE CPR

 

but 3 CCA request + £3 blank PO.

 

these ALL go to drydens.