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    • No DWP is in denial, the Errol Graham case has caused much concern   https://www.disabilitynewsservice.com/errol-graham-coroner-pledges-to-press-dwp-on-safeguarding-review/   Something is amiss with the procedures, Capita and the PIP Assessments seem to go against what a claimant's doctors say quite often, as do the UC Work Capability Assessments
    • oh don't you just love fleecers out to make a buck out of people they think are just mugs..
    • Useful link, BN.   The article mentions that the National Audit Office said that the DWP isn't learning anything from its mistakes.   HB
    • 1.     The Claimant claims £9,240.52 for monies due from the Defendant.   2.     This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited.  Each agreement had an individual account number as follows: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.   3.     The Defendant failed to make payments as per the terms resulting in the agreement(s) being terminated.   Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s).   4.     The debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.   A new master reference number xxxxxxxxxxxxx was also applied upon assignment.   5.     The Claimant has complied with the Pre-Action Protocol for Debt Claims   DEFENCE ……………...   The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.   1.     Paragraph 1 2 is noted and denied accepted . I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2.     Paragraph 2 is noted and accepted.  I did take out 4 student loans with the Student Loans Company.   2.     Paragraph 3 is noted and denied.  The Defendant never agreed to make payments to the Claimant, terms of the original Student Loans Agreement have been adhered to and thus repayments of loans are not due.  The Claimant is put to strict proof that an agreement(s) to make payments was made and a breach of agreement(s) occurred.   Paragraph 3 is denied as The Defendant maintains that a default notices were never received. The Claimant is put to strict proof that default notices were issued to, and received by the Defendant    3. Paragraphs1 & 4 are denied.The annual income of the Defendant has never exceeded the published limits for deferral since graduating in XXXX. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.   4.      On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant, to which both have failed to respond to,  It is therefore denied with regards to the Defendant owing any monies to the Claimant;  the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a)   Show how the Defendant has entered into an agreement(s) (b)  Show how the Defendant is in breach of agreement(s) (c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer  Credit Act (d)  Show how the Claimant has reached the amount claimed for and (e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.     5. On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant,  for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 requests and their solicitors, Drydens Limited, have refused my CPR 31.14 request.    6.     The Defendant has supplied the Claimant with a deferment letter and evidence every year that their income is below the threshold for repayments, by way of Royal Mail signed for and proof of postage has been kept. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.      7.     The Defendant has done everything required of them to qualify for deferment as per the original agreement(s) with The Student Loans company.  The Claimant has only once acknowledged a deferment letter on 16 September 2014 whereupon they granted their request to defer repayments for that year. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8.The Defendant therefore fails to see how they are in breach of any agreement(s) and deny the Claimant's claim of £9,240.52 or any other sum, or relief of any kind. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief        ……………………………...   delete the red add the blue.    
    • Is this better?   In the Bristol Civic Justice Centre   Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx   Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.   Brief details of claim Damages   Value £225   Particulars of claim 1. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject.     2. This claim is in relation to three breaches of the Data Protection Act (2018) by the Defendant. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the      Claimant data Subject.    3. The Defendant has failed to comply with the statutory time limit and is therefore in breach of the Data Protection Act (2018). (a) On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure.  The statutory timeframe for compliance was 10 February 2020.    4. The Defendants data disclosure is incomplete.  (a) The Defendant has provided data disclosure on 25 February 2020.  However, the data disclosure that has been provided by the Defendant is incomplete.    5. The Defendant sent the disclosure to an address that was not the Claimant’s. (a) The Claimant provided the Defendant with the correct address to send the Subject Access Request to on 10 January 2020 and again on 19 February 2020.      6. The Claimant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out.  The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit.    7. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
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Kiwigel

Student Loan debt in NZ, Living in UK

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I've had a student load in NZ since 1996 and never paid anything off.

I have lived in the Uk for 15 years and

 

recently I was contacted by a collection companany called CCI representing IRD and saying I owe NZD 36,000 and need to pay now.

 

After advice from a lawyer,

I have decided to apply for bankruptcy in NZ.

 

Now, my question is,

do I make contact with IRD and/or collection agency informing them that I have applied for bankruptcy as have no way of paying loan back?

 

I am worried they will continue putting pressure on me now they have found out where I live.

I have no assets,

earn a low income,

an a single mum etc so really have no way of paying anything back.

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guys I need advice. I have a student loan in nz dating back to 1996. No payments made. I have lived in uk for 15 years with no intention of going back to nz. I owe $36,000. Should I declare myself bankrupt in nz? I think its my only option as I have no assets and a low income.I have looked on the Insolvency website in nz.

The IRD's collection agency in UK, a company call CCI have found me and are hounding me. Should I make contact with IRD and/or CCI and explain that I have no money and will be declaring bankruptcy in the near future.

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This is a UK site. Not sure anywhere here will know enough about NZ student loans or NZ bankruptcy processes. If you have spoken to a NZ Lawyers and they are dealing with bankruptcty, you should not be contacting any debt collectors. Just wait until you have sorted out the bankruptcy. Then once that is going through, the NZ creditors owed the money will be contacted and debt collection should stop. If it does not, then pass on letters to whoever is handling the bankruptcy.

 

Debt collectors have no powers and you can ignore them. They can threaten allsorts, but they would need to spend money going through a court process to have any debt enforcement options.


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Hello Kiwigel.

 

I see you've started your own thread in the Overseas debt forum so I'm closing this old thread to avoid confusion. Please continue to post your questions on your new thread. :)

 

HB


Illegitimi non carborundum

 

 

 

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if you are going BK solely over this stupid powerless DCA chasing a NZ debt from 1996 id stop the process now and not waste anymore money doing it.

 

there is absolutely nothing a powerless DCA can do whatsoever about the debt.

they ARE NOT BAILIFFS

and as with all DCA letters not matter what country the supposed debt originates from...they can be TOTALLY IGNORED.

 

dx


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

 

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I've had a student load in NZ since 1996 and never paid anything off.

I have lived in the Uk for 15 years and

 

recently I was contacted by a collection companany called CCI representing IRD and saying I owe NZD 36,000 and need to pay now.

 

After advice from a lawyer,

I have decided to apply for bankruptcy in NZ.

 

Now, my question is,

do I make contact with IRD and/or collection agency informing them that I have applied for bankruptcy as have no way of paying loan back?

 

I am worried they will continue putting pressure on me now they have found out where I live.

I have no assets,

earn a low income,

an a single mum etc so really have no way of paying anything back.

 

 

Hi Kiwigel,

I am just wondering if you have gone ahead with filing for BK and if so did you file in the UK and include your NZ loan, or did you just file in NZ?

 

I have debts that I can not clear here in the UK and no assets so have been advised to file for BK, but have been informed that I need to include all debts including my NZ student loan. I contacted insolvency NZ, who told me they are unsure if a UK BK will be accepted by NZ, meaning I may have to file a separate bk in NZ to cear my NZ student loan (so, file for BK in both countries). Why they are unsure I don't know, given all the postings on the internet about overseas kiwis filing for BK to get out of NZ student loans surely Im not their first case of this nature?

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start a new thread

and start one of your own please

I question the need for anyone to go BK in the UK let alone NZ


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

 

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Hi Kiwigel,

I am just wondering if you have gone ahead with filing for BK and if so did you file in the UK and include your NZ loan, or did you just file in NZ?

 

I have debts that I can not clear here in the UK and no assets so have been advised to file for BK, but have been informed that I need to include all debts including my NZ student loan. I contacted insolvency NZ, who told me they are unsure if a UK BK will be accepted by NZ, meaning I may have to file a separate bk in NZ to cear my NZ student loan (so, file for BK in both countries). Why they are unsure I don't know, given all the postings on the internet about overseas kiwis filing for BK to get out of NZ student loans surely Im not their first case of this nature?

 

Hi

 

I only applied for bankruptcy in NZ and it was accepted thank goodness. Its very simple to be honest. I did it all online from the UK. The NZ Insolvency Website is very good.

 

So far so good....it has not affected anything in the UK. I had heard sometimes they contact your bank in Uk but nothing so far. It went through very quickly also. Within a few weeks. I only had the student loan debt. Ask me anything you need btw.

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Since you kindly offered to answer questions about this I wanted to ask for an update on how your NZ bankruptcy is impacting on your life in the UK?

 

I am considering applying for NZ bankruptcy and it's been hard to get any useful information on what effects this would be likely to have on my life in the UK so any insider info would be much appreciated!

 

I'd be particularly interested in what UK financial documents (bank statements, payslips, etc.) you had to provide and how much contact you've had with the administrator since that initial application process (do you have to provide regular updates, etc?).

 

Also, did you have to sell any assets and are you having to make regular payments during the term of your bankruptcy?

 

Thanks in advance.

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if you go BK in NZ that's it dead done

cant effect anything here and know one knows about neither do you have to tell them

kwigil has new returned to cag.

 

thread now closed to stop newbie bumping

 

anyone with a similar issue that has their own issue after reading this thread carefully

then start a new thread

 

dx


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

 

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 547 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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