Honours/Drydens claimform - old SLC Loans

[JoeHigson]

I am in the same position

but

I have defended the claim on the grounds that HSL do not legally own the debt.

I complained about having loans accounts for 1996 and 1997 being administered separately from ones that I took out in 1999 and 2000 because I was being asked to do everything twice (defer, pay etc...).

They sold the 1996/7 ones to HSL using a clause in the contract that allows them to transfer rights

BUT the first clause states that the 1997 and 1998 amendments to the 1990 act are to be regarded as the applicable regulation and those two amendments both say that loans should not come into repayment at the same time and should be treated as one loan.

This means that by selling the loans in March 1999 they knew that they would not be able to comply with legislation in force

and used the clause which allowed the sale to circumvent the applicable regulation.

This makes this clause an unfair contract term under EU law and as such is unenforceable.

Defend it!!

[MissTerry]

Hi Joe,

Was was your outcome?

]

[JoeHigson]

I'm not sure what the outcome is.

I sent a huge pack to the Court and to Drydens by way of service including EU Directives, OFT stuff and letters which prove the complaint made a decade ago and responses from SLC saying that the account wasn't transferred but sold [which is at odds with what they were allowed to do under the clause anyway] etc.

I got a letter from Drydens in July threatening legal action [proof that they don't actually know what they are doing]

replied to them saying that it was already at court and that I am prepared to take it to the European Court if necessary.

I have had no response from the court at all which can mean only 3 things have happened.

Either,

1) it is still being decided [i would have expected some notification of this]

2) it has been "struck out" or

3) Drydens have dropped it.

With a 5 month old baby though I am just going to leave it rather than rock the boat -

hopefully that is the end of it.

[MissTerry]

Hi Joe, has anything else occurred? They've waited a year now back again on mine.