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

[abbychaya]

"We write in respect of the above matter (blah blah blah)

 

We enclose by way of service a copy of our Application notice

and supporting evidence which has been filed with the Court today

 

We have asked the Court to deal with the application without a hearing as we do not consider a hearing is necessary.

 

 

Once this has been returned to a judge,

he or she should then make an order in the terms requested

or they may decide that the application needs to be considered at a hearing.

 

 

Either way you should recieve an Order from the Court in due course which confirms the decision made."

 

So, does this mean that 6 months later they have decided to take matters further?

 

What will happen now?

 

What if the judge finds for them?

[AndyOrch]

So yes it looks legit in that they have made application to proceed.....wait until you now receive notification from the court and we will take it from there abby.

[abbychaya]

Had letter today saying being transferred to the county court for hearing.

 

 

As Restons said they weren't expecting a hearing

ie that they were just expecting a judgement, is this good or bad news?

 

How do I proceed?

 

Thank you

[AndyOrch]

The hearing is good news...they don't decide ...a Court does.

[abbychaya]

Having gone through all the documentation now

 

I have ascertained that I deferred the loan successfully until 2013

I sent them proof of my student (Msc) status and bank details and all that.

 

I took up a job in Oct 2013 the same period and was under the income threshold (Malta)..

At that point I had no arrears as was deferring.

 

I then turned 50 in Jan 2014 and rightfully *at that point* the loan should have been written off

given that I had deferred until October 2013

we are only talking about a 3 month window in which I was meant to make another deferrment

 

I do remember sending something back to them, but have no idea when.

I was suffering from clinical depression for which I have doctors evidence

I returned to England in August 2014 and was then unemployed until June 2015.

 

From the documentation they are saying my claim is unreasonable.

 

Do I stand any chance in court?

it clearly proves I *did* defer until the time I went to Malta...

so, why, given that I was still under the threshold at that point and after, would I not have still deferred?

 

Wil I have to go to court to make a statement?

[AndyOrch]

You submit your statement by way of a witness statement (not less than 7 days before the hearing)..the court will advise by way of directions.

[abbychaya]

Thanks...I will wait then...

[abbychaya]

Hello...The hearing is on the 11th July.

 

. How do I go about submitting my witness statement and to who?

 

They have sent me a whole bundle of evidence..

its clear I was in Malta because they state sending me letters and phone calls that I didnt get..

 

I know I sent in teh form in March 2014... but they say they did not receive it...

As it is clear I have deferred and not been earning anything like the threshold the whole time before, is there any chance this will go in my favour?

 

Worried.. as about to go into hopsital on the 27th June for a major op

[AndyOrch]

Witness statement to the court and a copy served on the Claimants Solicitor...which should be done not less than 7 days before the hearing abby.

 

Andy

[abbychaya]

thank you.. I will do this tomorrow.. hearing on 11

[abbychaya]

What is clear from reading the bundle is that I successfully deferred the loan in Feb 2013.

. as a full time student..

That deferrment would have lasted a year.

taking me beyond the Jan 2014 end of deferment period (and my 50th Birthday).

 

. SLC are claiming I was in arrears at the time of my 50th birthday (Jan 2014).

 

. I am at a loss to understand how they can feel confident in bringing a claim against me

[unclebulgaria67]

I think you need to probe the arrears issue. They are saying to broke the terms of the loan, therefore the deferment until 50 is not relevant.

 

What letters were issued by SLC advising of arrears before you reached 50 ?

[abbychaya]

none... that started after Jan 2014!

[unclebulgaria67]

That is part of your case. You complied with the terms of the loans, no notice of any arrears were received and having reached 50 before any allowed deferments expired, the loans were not repayable in accordance with the clause x ( where it states loans not repayable on reaching 50).

 

Are they saying they issued default notices or notice of arrears ?

[abbychaya]

they are saying they served default notices in march 2014.. and that I didn't defer before then.. but all the correspondance points to the fact I did.. in 2013 - which would have covered me for a year..

[unclebulgaria67]

So your defence is mostly the law/loan terms that apply about reaching 50, before they issued any default notices. The loans were deferred in accordance with the loan terms up to age 50, therefore the default notice issued in March 2014 is not relevant.

[abbychaya]

yes that has always been my contention

 

the packet they sent with all the correspondance clearly shows I applied for deferment in Feb 2013 as a student.

 

. and would have been granted that which would have covered me right up until Jan 2014

 

when the loan expired or should have been written off.. the 'arrears' started after this

 

Just got their costs through over 1k that they would like me to pay.

 

. will I have to pay all of this on the day of the hearing?

[AndyOrch]

Just got their costs through over 1k that they would like me to pay.

 

. will I have to pay all of this on the day of the hearing?

 

Meaningless until its adjudged or whether allowed...even if you lost you can agree a monthly payment.

 

Andy

[dx100uk]

only if they win

and the judge allows their costs

you can query/object them too.

 

 

just remember this is rectums you are running with

they pull any stunts they can to unsettle/intimidate

defendants

inc the little 'chats' before you go in..

[abbychaya]

what little chats?

I've just had major surgery adn am very anxious about going to this hearing

and I can't understand what basis they feel confident to win

I deferred

I was under the threshold

my deferment in Feb 2013 as a student would have covered me until Feb 2014 by which time the loan should have been written off.. That is my understanding of the situation

 

will they force me to show my bank statements? i

[AndyOrch]

will they force me to show my bank statements? i

 

Why would they..? in what respect?

[abbychaya]

i mean if I lose, to assertain if i can pay

im a part time lecturer.. on quite a low salary (but now over the threshold for repyament of course!)

but it seems so unfair.. the loan should have been written off at 50 and i wasn't in arrears because i was in deferment - or at least that's what i think because ive got the evidence i sent to them in feb 2013 of my low income and student status

[dx100uk]

only the judge can ask that

and you don't have to show rectums anything

 

 

they will find you before the caase

saying things like can we have a little chat

they'll either try and unsettle you further

to put you off your stroke

or variously little tricks they try and pull.

 

 

pers i'd tell them to do one and go away.

but others might think otherwise..

[abbychaya]

I dont have to talk to them though do I?

surely that's illegal! to try and unsettle someone?

[AndyOrch]

Why would they..? in what respect?

 

i mean if I lose, to assertain if i can pay

im a part time lecturer.. on quite a low salary (but now over the threshold for repayment of course!)

but it seems so unfair.. the loan should have been written off at 50 and i wasn't in arrears because i was in deferment - or at least that's what i think because ive got the evidence i sent to them in feb 2013 of my low income and student status

 

Should you lose....and are facing a forthwith judgment ...you simply make application to vary it to a monthly payment using the N245...in the N245 there is an I&E which you are expected to complete ...truthfully and make your proposed monthly offer based on your financial details submitted.

 

The Claimant can either accept or decline...if they decline the court will set the level of payment.