Link PAPLOC Now Claimform - Old SLC Loans

[count orlok]

Well in that case you're right, SB

[WhitmoreReans]

wow that was quick! Thanks!

[dx100uk]

gameover! link

another mug gets saved from your spoofing tactics

 

dx

[Happyhippy1959]

Pop open the mineral water and Vitamins another success me thinks... ( hippys new health drive )

[WhitmoreReans]

Very bad news.

This morning I've received a summons for Swansea County Court.

Can anyone help me??? Obviously I'm panicking right now - I though I'd reached the finishing line!

The issue date is the 14/09/2011, and they acknowledge that "the cause of action duly commenced on the 20th of September 2005", ie more than six years ago.

The summons is for Swansea County Court, which is miles away from where I live and is impractical for me to travel to - is it possible get it moved to somewhere closer?

I have calmed down a bit now and this is a copy of an email I have sent to the citizen advice bureau.

I have two old debts with the student loans company, 1996 and 1997.

I returned to uni and deferred my payments on 20th September 2005.

After that my income remained under the threshold for repayments. However, in this time the Student Loans Company sold the finance to Thesis, a debt collection agency.

In the last 8 months Link Financial have approached me about the debt. I was unaware that the debt had been sold on and then when looking at my credit file, the default with the Student Loans Company was very old.

Having looked into it I considered the finance to then be statute barred. They wrote back that as I had made the deferment on 19th September 2004, that it would not be statute barred until 20th September 2011. They also said that a payment was made which also made it not statute barred. I contested this, as I know of no such payment and wrote to the Student Loans Company to try to identify the source of payment.

It is now 24th September and today I have received a claim form from Swansea County Court. The debt is now officially statute barred even by their argument but they are proceeding with a case. As the claim was entered on 14th September 2011, will the finance be considered statute barred in court or will they take it on date that the claim was initiated? Do I have a defence to make in court?

Secondly, if I decide not to defend the case, and try to pay the whole sum (as suggested in the court leaflet - within 14 days of receipt), will a Country Court Judgement be recorded against me? It is not clear from the paperwork, as it says that a judgement *may* be put against you if you want to pay but need time, but not anything about paying in full. Any help will be greatly appreciated.

Hopefully, someone will be able to answer my questions here

Thanks for any help

[citizenB]

Ok, the Court of issue is not a problem. If it proceeds then it will be transferred to YOUR local court automatically as you are a LiP and they are a company.

I think you have an automatic defence if the account is statute barred... will try and find some help for you.

PS.. I think if you defend and lose, then if you pay the Judgment debt then there will be no record of this at all on either your CR files or anywhere else.

Have amended title to reflect claim issued against you and moved you to the legal issues forums for more assistance.

[WhitmoreReans]

Thank you! All help is greatly appreciated.

[MrHat]

Hmmm. Assuming that 20th Sept 2011 is the correct date that it becomes statute barred, I guess it boils down to whether the date of issue or date of service is what counts in terms of taking action within 6 years. I have a feeling that they have acted just in time. Did you definitely defer in 2004?

[WhitmoreReans]

Would the fact that they have made an application to the court stop the clock in terms of it becoming statue barred? Or is the date of judgement the key factor? The loan was definitely deferred in 2004 and according to link themselves it became statute barred on the 20th of September. It seems a little unfair to me that I receive notice of court action four days after I thought it had became statute barred.

[MrHat]

It would yes but not sure if issue date or service date (usually taken as 5 days after issue date - i.e. when you physically receive the summons) is the important one. Date of judgement is not a key factor imo. That's the way I see it but hopefully soomeone more qualified can add assist here....

 

They have certainly left it very late, that is for sure!

[WhitmoreReans]

Just wanted to triple check something before proceeding. Is it the case that if I pay the amount in full, that the case will not proceed and a CCJ will not be issued? It seems to suggest this is court documents but I just want to check.

 

Secondly, if I did pay the full amount, do I need to do anything other than just pay? Do I need ot notify the courts myself?

 

Thanks for any help

[MrHat]

Don't rush into anything. Approx how much is the claim for? if less than 5k, it would likely (but not definitely) be allocated to small claims track which means a limitation of costs. Remember, you can defend and lose and still get 28 days to pay up after judgement to avoid the CCJ being registered

[Cadbury1879]

Hi you should,IMO, defend this action.

Don't panic, you will get help.

You have an legitimate defence.

If you defend the case will be transferred to your local court. They may not proceed.

As stated before win or lose a CCJ will not be issued if you pay in full plus costs.

Cad

[Ganymede]

The clock stops for SB from the date of issue NOT the date of judgment. Assuming 20th Sept is correct the debt is not SB.

 

If you lose and pay the CCJ in full within 28 days to need to apply for a Certificate of Cancellation to make sure all record of the CCJ disappears. There is a small fee for this.

[Condado]

Ganymede is spot on. If you lose the CCJ IS issued and if you pay in full within the 28 days then you apply for a Certificate of Cancellation and it is removed. The old way used to be that you had 28 days THEN the CCJ was applied.

 

When does the 14 days from date of service expire?

[Cadbury1879]

This has to be argued,and decided by a a court. SB test .

Worth Arguing your case, and letting the judge decide.

Issue & actual receipt may be relevant.

May be some others can gve some advice, and any previous case history.

I would not give in yet. If the overwhelming opinion is that you will lose or you feel unable to deal with this development, you should do what feels best for you.

Regards

Cadbury

[Ganymede]

It is date of issue. When the claim form is received is not relevant.

[citizenB]

It cold certainly be argued, why the claimant has left it until a few days before statute barred before doing anything about it.

[Cadbury1879]

The date of issue, of course is a key factor.

But receipt has to be argued , ok I issue a summons and the recipient receives the summons a month later.

Has to be argument, the dates need to examined.

I know they are not sent recorded,signed for etc.

Unfair, especially as in this case were dates are important.

Receipt is relevant.

 

Mmm I have checked the dates, appears date of receipt is within 5 working days!!

[Ganymede]

The SB clock stops on the date the Court issue the claim. When the Court get round to sending the Claim Form etc out doesn't change that and is not relevant for limitation.

[Condado]

Any updates from Whitmore? Did you challenge the SB validity? Others are hoping for some good news here to decide what to do!

[asm76]

Would be good to find out what's happening

[Cadbury1879]

Hi Whitmore

Very stressful these scenarios, I know have been through similar. The point I was trying to make is that you could defend & lose and still not receive a CCJ . Which I know was a bit of a dread.

The judge could have found in your favour.

However, whatever you have decided, no one can judge, it is your decision, would be nice to know however and could help others.

Regards

Cad