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

[abbychaya]

Nothing from court no.

ok, so I dont' have to acknowledge reston's letters?

I want to defend myself, I dont' believe that they have any proof or information that shows I haven't deferred, they haven't provided anything post 2007

 

I will happily go to court

[WindySock]

You should respond. Probably is a bit futile, but you should do it. At the moment if they did go for a strike out of the defence, then I think they would have a fair chance at success.

[AndyOrch]

Dont do anything abby....wait...see if they do make application to lift the stay and request SJ/SO...then you can respond with your own Witness Statement....its going nowhere at the moment...hence their request to withdraw your defence.

 

Regards

 

Andy

[abbychaya]

HI Andy, I'm a bit confused, what is a Stay and when was it applied? ASAIK the county court summons was issued and I responded with a defence.

I was composing a brief letter to Restons along the lines of 'I do not intend to withdraw my defence'

 

should I not even send that?

 

Thanks

[unclebulgaria67]

Go with Andys advice not to respond.

 

I think the court claims are automatically stayed after a period of no action happening. You just have to wait to see what Restons decide to do next and deal with anything received from the court.

[AndyOrch]

HI Andy, I'm a bit confused, what is a Stay and when was it applied? ASAIK the county court summons was issued and I responded with a defence.

I was composing a brief letter to Restons along the lines of 'I do not intend to withdraw my defence'

 

should I not even send that?

 

Thanks

 

No ...its a standard template letter they use before deciding if they should proceed or let it stay.A claimant has 28 +5 days to respond to a defence and inform the court if they wish to proceed ...if they don't...its automatically stayed.

 

Regards

 

Andy

[abbychaya]

Ok, thanks for that Uncle B .. I'll just wait it out then

[abbychaya]

So am I right in thinking it is the Court that decides the next step, not Restons? And what will Reston's have submitted to the court so far? they have sent me all the SAR stuff, but nothing statement wise or correspondance after 2007.

[AndyOrch]

So am I right in thinking it is the Court that decides the next step, not Restons? And what will Reston's have submitted to the court so far? they have sent me all the SAR stuff, but nothing statement wise or correspondance after 2007.

 

See above

[dx100uk]

you were told all this back starting from post 90 over a month ago.

 

might be a good idea to read your thread before you ask questions again.

[abbychaya]

Yes, I take your point apologies, was just trying to clarify the next step. I will go back and read the whole thread to refresh my memory

 

Thank you

[Guest]

have a read through this similar thread as well

http://www.consumeractiongroup.co.uk/forum/showthread.php?418397-Urgent-advice-required-CC-CLaim-form-pre98-Honours-student-loans/page5

[abbychaya]

I wrote a short note acknowledging their communications and saying I would not be withdrawing my defence.

 

I didn't give any reasons

 

Thanks a lot, will wait to see what the court come back with

[Guest]

fair dos, if there was nothing further to add re your defence to their comments. no worries.

at worst, they lift with an app'n for summary judgment. at best, they discontinue. in the middle, it stays stayed.

[abbychaya]

Just as an update. I haven't heard anything since sending them my 'I am not withdrawing my defence' letter.

[dx100uk]

Remains stayed

Until/unless restons apply and pay to lift the stay or discontinue

 

Sit on your hands

Go enjoy your life

 

Rectums issued a speculative claim

You called their bluff

 

Dx

[abbychaya]

Thank you, I am grateful for the help and advice I received here.

[Guest]

I haven't heard anything since sending them my 'I am not withdrawing my defence' letter.

 

if they do decide to apply to lift, with application, then you would get notice, at least from the court.

and, also re a discontinuance (though you may need to check with the court if that).

otherwise, stays stayed.

[abbychaya]

I just received a letter saying they would be applying to the court (didnt' say which one) and there may be a hearing. Then all their documents too..

 

Should i be scared? this is 6 months after last letter

 

Northampton - which is on the documents...

BUt no letter *from* the court.

So does this mean they are applying for a judgement?

They have dug out all my old deferral docs.. but of course nothing that I sent from Malta...

[unclebulgaria67]

Have they sent you any proof that you acknowledged this debt during the 6 years before they issued any court claim ?

[abbychaya]

I think all the correspondence which refers to my deferring?

[AndyOrch]

I just received a letter saying they would be applying to the court (didnt' say which one) and there may be a hearing. Then all their documents too..

 

Should i be scared? this is 6 months after last letter

 

So they imply that they are going to make application to lift the stay and proceed...better you post the full contents of their letter verbatim abby to be able to decipher what they intend.

 

Andy

[unclebulgaria67]

I think all the correspondence which refers to my deferring?

 

Do as Andy asks. The question is whether the documents sent disprove your defence.

 

I can't remember whether you were arguing whether it was statute barred or that you always deferred the loan due to low income and having reached 50, it was no longer repayable.

[abbychaya]

The latter.

I will post the letter shortly.

 

Thanks

[Guest]

'would be'. if they have actually made a formal application to the court, then you wld soon get notice of it from the court.

lets see what your letter says