Jump to content


  • Tweets

  • Posts

    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2430 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Replies 297
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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 by citizenB
edited as requested
Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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...

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

1994? First agreement and the rest are pre Apr 2007

So recons are a no go??

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

Unless you hit the dj lottery they need the signed agreement

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Friday 28th by 4pm due date.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...