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

[dx100uk]

They,ve gotta meet the CCA request asc well!

 

I bet you'll be filing the no paperwork defence anyway

So you might not at this stage have worry about the deferment issue at all

It's also worthy to note

I've never seen or heard of a win by them

[Guest]

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.

 

you said post #1 that you had deferred up to 2013 but you turned 50 in 2014.

 

if there was no deferment or payments from 2013, then wouldnt there be arrears when you turned 50 in 2014?

 

re that (the write off) then they'll have to show that you werent deferred and there were arrears when you turned 50.

if they pass that burden, for you then to rebut if poss.

 

then there is the issue of documentation as dx posted.

Edited August 7, 2015 by citizenB
edited as requested

[abbychaya]

Yes, as I meant to say.. I had deferred in 2013 up until the December - and I turned 50 in Jan 2014... hope that clears things up...

[abbychaya]

HI there, have received a reply from REston's following my request pursuant to CPR 31.14

 

"We would point out that the claim was issued via the County Court Business Centre,

which is a procedure specifically provided for in the CPR.

 

This procedure only allows a Claimant to insert brief details of the Claim and does not allow to the attachment of any enclosures.

 

Paragraph 5.2.A of Practice Direction 7E specifically states

"The requirement in paragraph 7.3 pf Practice Direction 16 for documents to be attached to the particulars of contract claims

does not apply to claims started using an online claim form,

unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction"

 

They go on to say

 

" You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened

and hence we see no reason why you now require an additional copy.

 

Further more the other documents you request are 'not mentioned' in the Particulars of Claim and therefore CPR 31.14 (1) does not apply

 

they are refusing to comply with my request.

 

What should I do now?

 

Abby

[WindySock]

Standard response. It was unlikely CPR 31.14 and CCA would be very much use here anyway.

 

Your case instead was you should have been deferred at the time and the loans accordingly cancelled at 50.

[abbychaya]

I was just doing what someone else suggested.. Can I not still defend the claim on this basis?

 

I can still put in a defence claim on that basis I take it... Since I haven't filed my defence yet and was simply requesting the documents (as someone else along the thread suggested)

 

I have read this is a standard response on many other threads vis REstons and other DCA's being unable to comply with this

[abbychaya]

Sorry Dx don't follow...

 

I have done what you suggested, but there seems to be conflicting advice

 

. I want to defend this claim as it seems ridiculous after successfully deferring - completely legally - I would then just as I am about to turn 50 (and the debt would have been esponged) dont defer

 

. I sent the forms back, I was living in Malta at the time...

THey obviously got lost..

 

Can't I just defend on these grounds?

 

but also am now suspicious as Restons won't comply with the CPR...

[dx100uk]

CCA is the important one

 

If they don't supply that and. An enforceable one too!!

They can't got to court

 

That's not a conflict of advise

 

It's certainly a better trump card than missing referral etc

 

We can a!ways add that bit if its gets serious

 

I'm sure andyorch can and will advise as to what best to do

 

I'm not legally minded

 

Dx

[WindySock]

This is what HSL should be supplying, filling in the details for your year(s) in order to reconstitute if needed.

 

http://www.slc.co.uk/media/5208/pre_98_ms_credit_agreement.pdf

[abbychaya]

Thanks Windysock.. I've not heard anything back from them, sent the form and the £1postal order off with the Reston's one

 

Best,

Abby

[WindySock]

I fear given that template and the fact that details of rates etc are public record that they won't have much trouble complying with a s78 request, but you never know....

[dx100uk]

1994? First agreement and the rest are pre Apr 2007

So recons are a no go??

 

Dx

[Guest]

abby

theres no conflicting advice

the cpr request are normally advised, whether they comply or not.

a cca request is a must, and must be satisfied.

as has been posted, there seems 2 issues

poss write off under the regs, assuming no arrears at the write off time. they'll need to show there were arrears, no deferment etc

poss lack of documentation. ie compliance with the cca request, and poss further re execution as before april 2007.

[WindySock]

1994? First agreement and the rest are pre Apr 2007

So recons are a no go??

 

Dx

 

Recons can still satisfy a s78 request on pre-2007 agreements.

 

s127(3) is a separate issue, and may need an original. Or may not depending on how the judge sees the burden of proof. Since these are well known credit agreements in form and content, and it is highly unlikely that the loan was advanced without one being signed, then it would be arguable that on the balance of probabilities one was signed even if not available. There is no requirement in the Act for a copy to be present in court.

[dx100uk]

Quite correct to satisfy sec ,78

 

But no good for court

 

HSL are a debt buyer

Just the same as any dca

Issuing speculative claims

 

They will need the signed agreement and each years signed deferal since then

To enforce this in court

 

I bet it gets stayed

 

Dx

[WindySock]

Not true. As said, the test in court is on the balance of probability whether a compliant agreement was signed. Not that one is necessarily present in court or in the claimant's possession. Normally won't get that far if one is unavailable though, so very often a moot point.

[dx100uk]

Unless you hit the dj lottery they need the signed agreement

 

Dx

[abbychaya]

I'm still not clear about how to proceed.

I haven't had any thing back from Trustees vis the CCA

I can't prove that I sent the deferment form and evidence back in 2013 - from Malta but I can prove was earning under the threshold

I guess its on them to prove that I didn't? or that they only received documentation up to a certain point

 

confused about next steps

 

Abby

[unclebulgaria67]

Personally, i would defend on several fronts. You deferred repayment per student loan terms because your earnings were below the threshold and having reached 50 the debt is no longer enforceable per the loans terms. Also the claimant has failed to respond to CCA and CPR requests or validate the claim they are trying to make.

 

It is up to the claimant to prove they have an enforceable claim and they have the documents required.

 

Nb. It might be worth sending a Data protection subject access request to the SLC for all documentation and data they hold.

[abbychaya]

Thank you.. do I now write a defence online to that effect?

best wishes

 

Abby

[unclebulgaria67]

Yes follow the process through.

 

Your main point is that you deferred as allowed under the original student loan terms because of income level and under those terms having reached 50, there is now no liability owed, as 50 is age where the debt will not be subject to enforcement. The claimant has failed to respond to requests CPR and CCA to validate any claim.

[abbychaya]

Thank You. I also SAR'd Honours Trustee's.. so will file defence and wait to see what happens.

 

thanks again..

Abby

[Guest]

post up your draft defence if you want for any input.

[abbychaya]

Thanks, I have no idea how to start it! or word it.. will have a go shortly

Best,

Abby

[dx100uk]

Friday 28th by 4pm due date.