Honours Trustee Ltd [now Link] /restons claimform - old SLC loan

[abbychaya]

Hello, thanks for reading

 

This matter relates to an old style loan of about 2k taken out in 1991/2 and consistently deferred until 2013,

 

when I moved abroad to work (still earning under the threshold) and my deferral form went missing.

I then forgot about it as got ill and depressed..(have medical evidence to back this up)

 

Moved back to UK in 2014 and was unemployed for nearly a year.. so have never earned anything like the threshold limit.

 

I also turned 50 in 2014 (am now 51)

 

So, the long and short of it is, Student Loan Co wrote saying I was in arrears, then threatenign court action.

. Now it has been passed to solicitors and a case has been opend at County Court

 

I may have forgotten one deferrment form and defnitely sent one that they claim they never got.

. But in any case, I turned 50 wouldnt the debt be wiped?

 

And if I can prove I have never earned above the threshold, will they still have a case against me?

 

How do I defend it?

 

Is it now statute barred ? or has deferring it (until 2013, they claim was the last deferral) meant that it is no longer under the limitations act?

 

I'd welcome your advice, have acknowledged service of court docs, giving myself 28 days to prepare to defend

 

 

Abby

[WindySock]

The debt can only legally be wiped at 50 or 25 years if you are not currently behind on payments and the loans have not been called in in full.

You will have arrears from failing to defer and they must have called in/terminated the loan agreements for them to be launching legal action now.

 

So sounds like you have missed the boat on ever getting these wiped off under the age conditions.

 

It doesn't matter what you can prove about how much you earned if you failed to defer.

Duty is on you under the loans to defer at the right time. If you don't then again you miss the boat.

 

It's not statute barred as applying for deferment up until 2013 means the 6 years won't have started to run until 2013/4 ish.

 

As for defending I think you probably don't have much realistically you can do,

but may be worth doing a CCA and CPR to see what that turns up.

 

 

Though even that with student loans is usually not much help as the loan agreements are publicly well documented and can easily be reconstituted and argued.

[abbychaya]

Thanks Windy sock, I believe at the time of turning 50 I wasnt in arrears as had provided deferrment info up to that point, was a full time masters student 12-13 and then once in Malta sent the info to them...

 

OK, so who do I send the CCA to (and what is a CPR?)

 

The court documents say its Honours trustee c/co wilmington trust

 

I don't recall taking out a loan with them!

 

Thanks again for your help

 

Abby

 

I found this on their website

 

if you were under the age of 40 when you took out the last of your student loans, and your earnings have never reached the threshold required to begin repayment of your loans, Honours Student Loans will automatically cancel your loans when you reach the age of 50. This is dependent on your loans having no arrears at the time of cancellation.

 

As far as I am aware, I had deferred in 2013 (until the end of my course) and had sent in deferral forms covering me for that period (when I turned 50 in Jan 2014)

 

so if I can show that, would they not have to write debt off?

 

I have never made a payment or entered into a payment agreement, as far as I'm aware as I have never crossed the threshold

[dx100uk]

Can you fill this in please and post it back here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

I think you should be OK

You reached 50

 

Dx

[abbychaya]

Name of the Claimant ?-

Honours Trustee Limted

c/o Wilmington Trust

SP Services (London) Ltd

Third Floor 1 Kings Arms Yard EC2R 7AF

- not sure if this is correct - dx its the details of the claimant on the blue claim form

 

Date of issue – 28/07/2015

What is the claim for –

The claimant claims payment of the overdue balance due from the Defendant

under a contract dated on or about April 07 1994 in the sum of £3118.78

inclusive of interest to the date of this summons at 2.5% per annum from 07/07/2015 24/07/2015

 

What is the value of the claim? £3118.78

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? student loan

When did you enter into the original agreement before or after 2007? Student loan taken out in 1994

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.

No the original creditor was the Student Loan Company

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, not that I can recall

Did you receive a Default Notice from the original creditor? No, from Honours Student Loans

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments?- I have never paid anything due to my income remaining below the threshold

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

I have deferred the loan successfully until (they claim, 2013)

[WindySock]

Sending in deferment forms is not the same thing as being deferred,

and the onus is on you to chase it up if you don't get confirmation of deferment back.

Things do get lost in the post sometimes after all, which would not be HSL's fault.

 

You would have to argue that HSL did receive the forms and it was due to their negligence that you were not deferred at the time you reached 50 and cancellation was due.

 

You would need to defend the claim on that basis, and should perhaps also tell HSL that you are making a formal complaint on their failure to defer you with the FOS as well.

 

I think you may struggle to make a strong enough case if you just didn't bother to chase the deferment up when you didn't get confirmation back, but hope to be proved wrong.

[heidda]

Abby, was the letter you received hand delivered from the court/solictors?

[abbychaya]

It came in the normal post today, the blue form from the court...

 

I spent 2014 being very ill and depressed.

 

I really can't remember what happened..

 

I went away, I came back..

I sent the deferrment form while In Malta.

. and then came back to be unemployed.

 

. I just sank into a bit of a mire and didn't think.

 

. But I definitely remember sending stuff in before I turned 50.

 

. and yes maybe I can defend the claim on that basis......

[heidda]

How did the envelope look? Did it have any court stamps on it etc?

[dx100uk]

Can you fill that link out properly please

Copy and paste the q post here and add your answers

 

Something is not right

 

Get the CCA request running to the claimant

And the. CPR to the sols who are?

 

You say this was a student loan always with SLC

And you deffered to SLC?

 

I have done the form in post 7 for you

can you please confirm exactly what is typed in the name of claimant section

something phishing going on here my gut says

 

are par chance the sols drydens faifax?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418397-Urgent-advice-required-CC-CLaim-form-pre98-Honours-student-loans

[WindySock]

It came in the normal post today, the blue form from the court...

 

They is how they normally come yes.

 

You say this was a student loan always with SLC

And you deffered to SLC?

 

Are large tranche were sold to Honours Trustee Limited (trading name Honours Student Loans) who are the claimants here.

 

SLC do NOT own any of these old style ones now so they could not possibly be the claimant. It has to be one of the purchasers.

 

SLC did carry on doing the admin of deferment for many of the loans though, which can confuse as to to ownership.

SLC still do the deferment NOW for cases where you have loans split between Honours, Thesis, Erudio and you are just carrying on an already in place deferment.

[heidda]

Would a claim letter be hand delivered or sent by normal mail? Does anyone know?

[WindySock]

Would a claim letter be hand delivered or sent by normal mail? Does anyone know?

 

Can be sent by normal 1st class post under the Civil Procedure Rules. See CPR Part 6 https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

In fact under Practice Direction 6A

 

Service by the court

 

8.1 Where the court serves a document in accordance with rule 6.4 or 6.21(2), the method will normally be first class post.

 

which is what happens in most county court claims.

[abbychaya]

No, it was a normal first class royal mail delivery

 

The claimaint is Honours Trustees.. as I filled out the form... to the best of my ability

 

sols are Restons

 

no court stamps just a normal brown envelope with the return address northampton county court on back

 

I'm getting a bit confused but will try and keep up

 

I took the loan out with SLC,

then transferred to honours who have always done the deferring.

 

 

. I have successfully deferred up until 2013 when they claim I stopped, but I definitely sent the forms back!

 

ok CCA to claimaint (Honours Trustees)

 

and CPS (what's this?) to the Solicitors who are Restons

 

and then what?

 

Honours Trustee Limted

c/o Wilmington Trust

SP Services (London) Ltd

3rd Floor 1 Kings Arms Yard

London EC2R 7AF

 

Date of issue – 28 July

 

What is the claim for –

 

 

The claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about April 07 1994

in the sum of £3118.78 inclusive of interest to the date of this summons at 2.5% per annum from 07/07/2015 - 24/07/2015

 

What is the value of the claim? £3118.78

 

Is the claim for a current or credit/loan account or mobile phone account?

 

 

When did you enter into the original agreement before or after 2007? Student loan taken out in 1994

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.

 

No the original creditor was the Student Loan Company

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Did you receive a Default Notice from the original creditor? No, from Honours Student Loans

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No

Why did you cease payments:-

I have never paid anything due to my income remaining below the threshold

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

I have deferred the loan successfully until (they claim, 2013)

 

thanks for your help in all this

what is the second letter I need to send the SOlS?

I have done the CPR request to the creditors (Honours Trustees?)

 

where do I find the CPR request template?

 

bEst

Abby

[dx100uk]

aha rectums are involved are they even bigger fleccers than drydens.

urm... dodgy lot.

 

ok CCa request

CPR31:14 from the legal section of the library

 

you need to go read around about honours and their dodgy tactics.

 

all this is is a speculative claim

hoping for a default non defended rubberstamp judgement.

 

have you ack'd {AOS] the claim on the MCOL website yet?

 

dx

[abbychaya]

"have you ack'd {AOS] the claim on the MCOL website yet?"

 

Yes, I have and said I am defending and need more time

 

thanks, this is very interesting, so I can defend and make it go away?

[dx100uk]

quite probably

 

you don't need more time

!!

why give this fleecers more time to magic up paperwork.

 

dx

[abbychaya]

I just meant I'd said I was defending so I think automatically you are given more time than if you just accept you owe the money and make an arragement to pay

 

Abby

[dx100uk]

:thumb:

[abbychaya]

thank you so much for your help!

[Guest]

abby

seems as per windysocks post.

the regs;

12. The lender will cancel the borrower’s liability to repay the loan if the borrower—

(a)dies,

(b)is not behind on any repayments under any agreement for a student loan and—

(i)was under the age of 40 when his last agreement for a student loan was made and he reaches the age of 50 or when the last agreement for a student loan has been outstanding for not less than 25 years, whichever is the sooner, or

(ii)was aged 40 or older when his last agreement for a student loan was made and he reaches the age of 60, or

©if the borrower can show the lender that he gets a disability related benefit and because of his disability is permanently unfit for work.

http://www.legislation.gov.uk/uksi/1998/211/made

 

they'll prob be saying that you dont meet this criteria re the year short re non deferment. for you then to try and argue otherwise.

 

and the issue of documentation otherwise

[abbychaya]

Thanks Ford. I will argue that as I was a) not earning above the threshold at the time of my 50th and had sent the deferment forms in - from Malta, that the loan should be wiped out.

 

thank you

[unclebulgaria67]

Thanks Ford. I will argue that as I was a) not earning above the threshold at the time of my 50th and had sent the deferment forms in - from Malta, that the loan should be wiped out.

 

thank you

 

You would have to word the defence that Honours Trustees should approach the same as SLC under the legislation that applies to the loans and their normal operating practice. Then point to legislation, that you were 50 at the time the court claim was issued, that the loans were deferred up to x date, earnings below threshold for repayment.

 

I am not sure you can just say it should be written off. You have to offer facts to support your case as to why you are not liable. Then it is up to the Judge.

[abbychaya]

Indeed. At the time I turned 50 I was not in arrears.. I had sent in the deferrment forms in good faith, and up to that point (some 20 odd years) I had deferred with no problem, it wouldn't make sense to not defer if I was not earning the threshold (which, working HE, I never have!)

 

So, the onus is on me to prove I sent the forms - which unfortunately I can't. but I can prove my earnings have never crept over the threshold and that I had consistently sent in my defermment forms up until that point.

 

I understand that... will have to do my best.

[Guest]

onus is for them to show/prove their claim first. then for you to rebut, if required.