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

[MissTerry]

right so should i also be drafting my witness statement now prior as well as contacting them to try to mediate and propose a possible consent /tomlin order? How best is it to approach them? or even a way not too /things not to do as they may not agree? presumably i contact their solicitor?

[AndyOrch]

Yes start your Witness Statement irrespective......post a copy here of your draft.....with regards to settlement just ring the Solicitor who is handling the case and make your proposals...if they are acceptable to this then you can then ask them to draft a proposed Consent/Tomlin Order for your consideration.

 

Few tips with regards to Consents.....start off with the value and payment methods...once that is finalised then you look at costs in the claim so far...if they wont budge on the value negotiate the costs.

 

Regards

 

Andy

[unclebulgaria67]

Have not read the whole thread, but was there ever a period of 6 years clear where you did not acknowledge/defer or make payments towards the debts ?

 

If you never received a default notice to remedy the debt, then i would have thought this might be part of the defence. You would need to sit down with papers in date order to see what appears to be missing.

[MissTerry]

To make it easier to review:

 

 

Original claim form issues 7/2/14 and is for 3xSLC loans lumped together from drydenFairfax on behalf of Honours Trustee

 

It was sent to an old registered address which at the time was still owned by me but is not now however. I no longer own any property.

 

The loans were taken out between 26/11/96 & 10/11/98 and latterly all sold *apparently* to Honours Trustees the 10-11-98 ONE of these loans might be a new style loan? although microfim terms received seem the same as the earlier two. I seem to be unable to defer all loans and had to apply separately, so ALL the loans were deferred individually - 'a' default notice issued by SLC on 26/04/2006. So persumably this would be against ONE of the loans?

 

under ONE of the loans [or all three already lumped together] clarity DCA got £1200 thru payments made to them sept 2009 - july 2011. One of the loans was last deferred in 2006 apparently - so thus cannot be statute barred (although the question remains, which one had a default notice and which loan agreement was i making payments against! I'll check the reams of documentation dryden have no managed to find a year after original claim! ) this loan was then passed back to Honour Student loans - I moved out of the registered address in 2012.

 

with regards to the default notice, they claim they sent one and include a "reconsituted" version and are also claiming since i got in contact with them at somepoint that year i must've received it! i can only state i didn't - this has never appeared on my credit record (although id struggle to prove that - can you get a copy of your credit record from 6-12 years ago?

[WindySock]

They would all have been the old style loans, if they relate to the same course of study.

SLC carried on issuing the old style ones in parallel with the new style from 1998 to 2001, for students who already on the old system and carrying on the same course.

[unclebulgaria67]

I don't know enough, but were these loans separate with individual CCA's or was each subsequent loan a continuation of the first. Therefore any payments or acknowledgements are relevant to all loans and when a court claim is made it just needs to be one claim.

[WindySock]

Each loan was a separate CCA agreement, each with a separate account/ref number.

 

Whether payment or acknowledgement covered just one or all 3 would depend entirely on the context and details of each case.

 

For example, the standard payment method in normal circumstances was a single direct debit to cover all loan held, so any payment under that would apply to all. A separate arrangement where you paid against just one account would not.

 

Likewise acknowledgement would depend on the specifics at intent of the acknowledgement in each case.

[unclebulgaria67]

they need to check the paperwork in regard to payment or acknowledgement, to see what loan was the subject of correspondence.

 

If there is a default notice, this would need to relate to each loan.

 

Under CCA, even if one payment was in regard all 3 loans, if there was a default, they would need to issue 3 default noticed.

 

Perhaps they need to look at the reconstituted default notice carefully to see what it covers.

[MissTerry]

I'm nearly home so will confirm when I get back the wording of said reconstituted notice.

I'll also check statements for around that date and get back to you.

[dx100uk]

Just for ref

Student loans are not ever reported to your credit file

 

Dx

[MissTerry]

Unless you get a CCJ I suppose.

Right default notice "reconstituted says"

 

Account no

Arrears amount

Total balance

 

This Default notice is served in accordance with section 87(1) of the consumer credit act.

 

Notice is hereby given that, in accordance with condition 4.1 of each of your agreements with Honours Student Loans monthly payments to your account(s) stated below have not been maintained and an arrears amount of xxxx.xx is now outstanding

 

You are required within 14 days of this notice to remit direct to Honours Student Loans the full arrears amount stated.

 

If the action required by this notice is taken before the date shown not further enforcement action will be taken in respect of the breach. If you do not take action required by this notice before the date shown the. Further action set out below may be taken against you.

 

Your account will be transferred to our Recoveries department for further action to recover .....

You could lose your entitlement to pay by instalments.....

Your account balance could be passed to a debt collection agency....

 

If you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you or any surety more time.

 

If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens advice bureau.

 

 

Your sincerely

Collections manager

 

Your loan agreements with us:

 

Xxxxxxxx

Xxxxxxxx

Xxxxxxx

[dx100uk]

crap then?

 

they can use 14 days

must be a specific date in the DD/MM/YYYY format

 

and what address was it served too?

 

CCJ might show but not in the debt section nor what it relates too.

 

but anyway

that wont happen if you do things properly

 

dx

[MissTerry]

The correct address according to reconstituted one.

 

I'm confused presumably this was for loan 1 only as their *statements* show a deferment post this date and on a date in 2010 days: Loan Matured

 

So presumably the other two loans weren't due at that time?

Do they all become payable together?

[unclebulgaria67]

Did you get any data from SLC/honours with notes showing they issued default notices ? Surely there would be system records showing this. For them to issue a reconstituted version, they should evidence that default notices were issued. I wonder whether you can send a part 18 request letter, asking whether they can evidence from dated system records that a default notice was issued for each loan account.

[MissTerry]

I didn't receive anything from my SAR - although they cashed the postal order. Drydens sent some info a few weeks ago i'll check whats in that. The witness statement from Drydens has some extracts from their system which includes an entry showing default letter sent.

[WindySock]

Just for ref

Student loans are not ever reported to your credit file

 

Dx

 

Not true. I've had one reported by SLC as a default, and SLC publicly made a policy of doing that for defaulted loans.

 

http://webarchive.nationalarchives.gov.uk/20100210151716/studentloanrepayment.co.uk/portal/page?_pageid=93,3866911&_dad=portal&_schema=portal

 

Important information for mortgage-style customers

 

With effect from Wednesday 15th April 2009, the Student Loans Company (SLC) is introducing a new system to recover outstanding arrears from customers with pre-1998 (mortgage-style) loans.

 

The Student Loans Company actively contacts customers to discuss repayments and pursue arrears, and as part of this work we will now be sending letters to those who are consistently failing to repay what is due, requesting that they contact the Student Loans Company, (or, if appropriate, private sector loan administrator) within 28 days to discuss the options available to them.

 

After this date, unless there are extenuating circumstances, customers who have not deferred and are not meeting their repayment obligations will be registered with UK Credit Reference Agencies.

 

This is being done not only to ensure that loans are properly collected but to protect these customers from getting into further long-term debt through excessive borrowing.

 

Customers who engage with the Student Loans Company and make suitable arrangements to repay or to defer repayments will not face court action for as long as they keep to their agreed repayment plan.

 

Customers earning below £27,050 can apply for deferment and there is support available for those that need it.

 

Anyone affected by this announcement should contact the Student Loans Company (or other loan administrator) as soon as possible for advice.

 

This announcement only applies to pre-1998 mortgage-style loans.

 

The new owners, Thesis/Honours/Erudio can do just the same.

[unclebulgaria67]

I didn't receive anything from my SAR - although they cashed the postal order. Drydens sent some info a few weeks ago i'll check whats in that. The witness statement from Drydens has some extracts from their system which includes an entry showing default letter sent.

 

Did Drydens send the default notice at the time the account defaulted ? Is it a dated record ? Why were 3 default notices not issued, as there were 3 loans ?

 

I think you could write down legitimate questions to ask and you could send a part 18 letter to ask probing questions.

[MissTerry]

right do i call or email the solicitor re discussing out consent/tomlin order?

 

yes it's a dated entry, and matches reconstituded letter (same date).

 

re part 18 letter how does this fit in my timeline and proceedings? date set for summary judgement hearing

[unclebulgaria67]

Click on the triangle to see if site team can get an answer. I am not sure of the court rules on this.

[AndyOrch]

First off...CPR 18 does not apply to Small Claims Track.....so that's a no go.With regards to your timeline you must concentrate on preparing for the SJ hearing...everything discussed above can be raised within your witness statement.

 

Regards

 

Andy

[MissTerry]

Thanks Andy. I have contact them and agreed an arrangement. They are posting me the tomlin order apparently.

[AndyOrch]

Post up or PM a copy of the proposed schedule once in receipt...in the mean time back to preparing for SJ ?

[MissTerry]

thats the one Andy I'm on it. I'm noting everything searching out docs, checking all the new stuff they've used to see if it helps me and such like. will post up when i get somewhere near a draft.

[AndyOrch]

I was referring to the Tomlin Order schedule...but yes I will also look at your witness statement in response to SJ application.

[WindySock]

Thanks Andy. I have contact them and agreed an arrangement. They are posting me the tomlin order apparently.

 

If you are truly happy with that, sounds like a result.