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

[MissTerry]

Yep typing dates wrong. Apologies

[dx100uk]

ok that's alright

 

get that claim ack'd

register with MCOL

 

then log in

 

and use the password on the claimform to ack the claim as above

 

dx

[MissTerry]

their particulars of claim states

the claim is due under the timescales above,

 

however also states regulated by the CCA 1974.

 

I assume therefore that all three fall under the pre1998 type as I started before then?

 

Also they have a section the Claimant claims, and point 3 says costs.

What are these and is there a usual amount?

 

Can I just check,

 

I'm only requesting the Agreements, (assuming I'm deleting assignment),

 

Default notice and (do I keep statement of account?)

 

Can I also ask for all details they hold on me as part of the CPR as i require this for my defence or should this be a separate CCA request

[dx100uk]

your need to send this crp to drydens

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

you do need the assignment letter they sent to you

 

the rest is obv.

 

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

 

2

 

you need to send drydens

 

a cca request

 

FOR EACH OF THE THREE ACCOUNTS

 

that should include a BLANK £1 PO for each one

 

also these might get back in time too

 

SAR to SLC {+£10 fee]

SAR to HSL [+£10 fee]

 

dx

 

it might be worthy to note in the sar letter

 

your old address[es] and a copy of your CTAX bill to prove where you live now

[MissTerry]

Sent all forms.

 

Now wondering if i got it right.

 

On the CPR i only left documents 1: agreements, 2: assignment, 3 default notice and 4 termination notice.

 

Was this correct or should i resend?

[dx100uk]

you can only request docs mentioned in the PoC.using the CPR

 

don't worry too much.

[MissTerry]

Also a little confused as to why i've sent the 3 CCA request. This just asks for the agreements, did i not do that in the CPR?

[dx100uk]

no that's correct

 

they can poss ignore the cpr

they cannot ignore the request for the signed agreements via CCA.

 

you did send these to lowells yes.

 

sri should be drydens:|

[MissTerry]

sri should be drydens:|

 

Confused me then! I sent three ccas t dryden, 2 SARS 1 to slc one to honours, plus CPR to drydens

[dx100uk]

that's great

 

dx

[MarcyKerry]

I doubt you'll get any before deadline of defence though?

[master woody]

I've applied for teh CCA and like others only got back ( after a long time) Badly microphish photocopys with unreadable Terms and also un signed by the lender.

 

That why i stoped paying until they give a proper copy x 5 agreements

 

watching this thread with intrest

[MissTerry]

Thank you Master Woody. I shall await their responses with bated breath

[MissTerry]

Hi,

I heard from Drydens today. I've attached word for word the response (including their grammatical error).

 

 

What do I do now?

 

 

Not received any SARs yet but wouldn't have expected to. I only have till Friday to submit defence re usual timescales.

[dx100uk]

in otherwords

 

ops we went to court

hoping to get an uncontested default judgement

with no proof or any paperwork at all proving our claim

 

you've found us out...darn!

 

 

now we'll prob throw the towel in.

 

dx

[MissTerry]

Hmmn.. Naughty!

 

 

So do I award them some extra time to find these agreements and documents.... or file a defence based on lack of evidence? Unfortunately I have very little historical info. Should i wait till Friday to make sure I don't get any further documentation through? (date on form 10th Feb)

[dx100uk]

it matters not [really] if the sar comes at this point

 

its for THEM ideally provide those docs relied upon in the PoC.

 

andy will be around later i'm sure.

 

dx

[AndyOrch]

Noooo file it on time ...dont allow them extra time to find them (or recreate them)

[MissTerry]

I have to file today! Argh!

 

What do I submit as a defence?

 

 

I read through what seems like hundreds of posts and not sure what to put.

I don't know for sure if it is statute barred or not as I have changed bank twice

but my SAR if I ever get it back should confirm. I have requested info from my old bank but not received anything. As this is an old account I have no idea how much I should owe?

 

I received acknowledgement of SAR from Honours nothing from SLC (and annoyingly to old address even though I sent proof of new address)

 

OK i'm still confused.

I can't prove nor am 100% sure if its statute barred until i receive statements of account.

Also they have responded to CPR request if only asking for more time.

Do i submit an Embarrased defence?

 

 

Something like this one expertly crafted by you guys?

 

Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 by First Class Recorded post on 2 March 2014 and received by The Claimants Solicitors March 5th 2014. The defendant has received no replyWell i have but to tell me they need more time? to the request and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Date on letter was 10th February so by my calc i have until tomorrow so i can submit tonight i hope?

 

Ok. I'm going to have to post something.

Leaving it so close the the wire....

Anyone able to advise before i do????

 

Ok. Is this ok????

 

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

1. Paragraph 1 is neither denied nor admitted with regards to the defendant entering into an agreement referred to in the Particulars of Claim as the Claimant has yet to disclose any such agreement. (i did enter with Student Loans co but this isn't named in particulars of claim??)

 

2. Paragraphs 1 and 2 are denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/default/balance/breach as requested by CPR 31. 14 within the required deadlines and CCA requests sent on 2nd March 2014 first class recorded delivery. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim without further clarification/disclosure

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true.

 

 

 

OOps. Noted my own mistake - claimant name Honours Trustee Limited

[dx100uk]

you file a defence that says they have not provided ANY documents

with ref to the PoC's

 

and have failed to supply the THREE credit agreements required to date.

via CCA requests sent on xxxxx

 

whatever defence that is called.

 

dx

[MissTerry]

Hi dx

Thats kind of what I was trying to do but really just don't get the jargon atall.

The particulars were:

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 Defantant 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 persuant 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

 

 

So basically i was trying to say i can't acknowledge nor deny the debt as I have no copy of agreements. The particulars of claim doesn't state what these agreements are.

With regards to sums owing, i have not been provided with the statement requested under the CRP CPR thingy. Re breach of default - again i've not been provided with the copy requested.

 

I therefore an unable to prepare a full defence without proof of the debt and blah.

 

Had a go at typing the Jargon - see earlier post but not sure if it says what it should?

 

New attempt based on your points:

 

Particulars of Claim

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

 

 

1. Paragraph 1 is neither acknowledge nor denied with regards to the defendant entering into agreements with the claimant referred to in the Particulars of Claim as the Claimant has yet to disclose any such agreement.

2. Paragraphs 1 and 2 are denied with regards to the Defendant owing any monies to the Claimant.

A CPR 31.14 request dated 2 March 2014 was sent using Royal Mail recorded first class post to the Claimant requesting a copy of any agreements, a true copy of the terms of the agreements referred to in the POC, a true copy of the statutory default notice referred to in the POC, a comprehensive breakdown of the amount claimed, and a notice of assignment. This was signed for by the Claimant on 5th March 2014. The Claimant has failed to provide any evidence of assignment/default/balance/breach as requested by CPR 31. 14 within the required deadlines.

3. A request for a copy of the relevant agreements by way of a request under sections 77-79 of the Consumer Credit Act 1974, dated 2 March 2014. These were signed for by the Claimant on 5th March 2014. The Claimant has yet to comply.

4. The Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, to issue a claim;

5. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim without further clarification/disclosure

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true.

[AndyOrch]

Particulars of Claim

 

1.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.

 

2.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

 

The sum of 3***.**

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

 

Costs

 

Defence

 

 

1. Paragraph 1 denied with regards to the defendant entering into agreements with the claimant referred to in the Particulars of Claim.I am unaware of which predecessors the claimant refers to or ever being advised of any assignment.

 

2. Paragraphs 2 is denied as I do not recall receiving any such defaults notices over eight years ago or ever being contacted within that period

 

3. On receipt of this claim I requested documented evidence by way of CPR 31.14 request dated 2 March 2014.This was sent using Royal Mail recorded first class post to the Claimant requesting a copy of any agreements, a true copy of the terms of the agreements , a true copy of the statutory default notices referred to in their particulars of claim.

 

4. A comprehensive breakdown of the amount claimed, and a notice of assignments. This was signed for by the Claimant on 5th March 2014. The Claimant has failed to provide any evidence of assignment/default/balance/breach as requested by CPR 31. 14 within the required deadlines.

 

5. I have also requested copies of the relevant agreements by way of a request under sections 77 of the Consumer Credit Act 1974, dated 2 March 2014. These were signed for by the Claimant on 5th March 2014. The Claimant has yet to comply and is therefore prevented from seeking any relief until such time they comply.

 

6. The Claimant is therefore put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant or predecessors; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, to issue a claim;

 

7. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8.. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[MissTerry]

a huge thanks Andy

Will keep you posted.

 

re SAR to Honour Student Loans. I sent my SAR to the address on the information commissioners site which also matches the address of the claimant on my form. However my letter has been returned today for the following reason: Addressee has gone away.

 

????? What?

 

Grrr it doesn't match the one one the claim form so information commissioner listing incorrect

 

I assume I should resend to address on form.

[dx100uk]

interesting

why does that not surprise me.

 

prob find the owner of your debt and the claimant are two totally diff companies next.

 

we've seen that before with link and thesis too.

 

 

dx

[MissTerry]

Hello, Just as an update:

 

1) SAR resent to Honours at address on claim form.

Checked RM Tracker and all received and signed for,

however they have not graced me with a response as yet.

 

2) SAR response now received from Student loans.

Will spend some time trying to make some sense of it all.

Is there anything in particular I should be looking for?

 

3) Not heard a peep from Drydens re CCA or CPR as of yet

- but they did ask for 28 days so guessing they are sticking to their time-scales

and i'll possibly hear in the next few days.

 

Will keep you informed.