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

[abbychaya]

An update: as I'm getting worried.

 

I did get in touch with the mediation service again and explained my situation, that i didn't feel I had arrears and therefore was not going to be able to mediate about a fair sum to pay them.

 

They said definitely that this was the only thing mediation would do, so I am not mediating

 

The case is set for next Friday 17th,.... What do I do?

I am now on JSA, no money and can't sleep for being worried about it.

 

Do I just send a witness statement?

 

They have sent me a huge folder with all the documents in it,

and I've checked back,

 

I was in deferrment (2013) when I went to Malta,

so technically that covered me up to my 50th birthday..

 

I've also checked back and in the documents it appears I was charged several times (back in 2005) for 'arrears notification' and then these charges refunded, so it looked like it was a mistake that had been made

 

I know for sure in 2005 I was a student doing a phd and so would have been deferred. I can't work out why they are pursuing this, but am now worried...

 

Please help!

 

PS. Reston's will rely on 'hearsay' evidence according to their bundle. What does this mean?

 

Ok. So I think I've got to the bottom of it.

 

I did indeed defer correctly in 2012/13 and up unti I turned 50 was in deferment, therefore at my 50th Birthday in 2014 either I filled in the deferment form (and it went missing because I was in Malta) or I was already covered - I'm not sure

 

In 2012, there is a letter saying you are £53 in arrears pay up (this is also in the deferment period as mentioned above)

 

However, it looks like on my account statement back in 2005/6 I was paying 10 a month .. as I was still under the threshold I have no idea why. Possibly co-erred on the phone by HSL

 

There are also a number of arrears letters charges, which are then subsequently revoked - which looks like there was an error

 

In 2005/6 there is evidence I was in successful deferral, and previous to that going back to 1995.

 

It is not clear WHERE the arrears come from, although it is clear that at one point I was paying 10 a month

The deferment from 2012-13 is accepted.

They obviously have got it wrong before (in 2005/6)

 

What do I do?

[dx100uk]

rectums will pull any stunt to try and unsettle you

 

 

from what you've just related

its looking good for you them.

nice of rectums to shoot themselves in the foot there then...

 

 

as for the 'hearsay' evidence

they've still got to present it before the case.

[abbychaya]

Do I need to send another witness statement further to the one I made in June 2016?\

 

 

30/5/2013 I deferred the loan for one more year.

September 2013 I took up job in Malta

 

31 December 2012 there is a letter saying you are in arrears £58.63

but that is the only thing I can see mentioning arrears..

 

 

Apart from the 2005/6 statement where it has several arrears letters charges,

but then refunds for those charges..

 

On the statement it looks like in 2005/6 I made payments totalling 120..

but as was below the threshold for payments then, why was I doing that?

 

This seems to date from 2004.. first arrears charge letter...

then I pay up 120

 

then several arrears letters and charges refunded - as late as 2008 (still in deferrment!)

then no arrears letters until 2012/13

 

??

 

The solicitors are not being called on to give oral evidence as they can't add to the written evidenc wthin the said statement

 

So.. sorry about the rambling.

. should I put in another witness statement tomorrow with everything I can say

(in deferment, this 58 or whatever was clearly an error, see the reversal of charges etc) and...

[AndyOrch]

" The case is set for next Friday 17th,.... What do I do? "

 

Nothing as long as you have followed and completed the Directions as ordered in your Notice of Allocation....disclosure...witness statement .....you have done both ?

 

Andy

[abbychaya]

Right.. I've seen all the evidence now..They have gone back to 2004.. The 'arrears' started somewhere around then, and it's then I must have not sent back a deferrment form as have prevoiously said, always deferred. But there is no 'evidence' beyond the 2004 records...

 

The arrears started at £132

then 'customer claims she cannot pay...and there is some indication that I was trying to prove deferment, but its very hard to tell from this.. in20015 I did an income and expenditure and agreed to pay £10 a month of this 'arrears' although I can't understand why I agreed, if I wasn't ever earning.. But I was probably quite scared...

 

in 2006. Customer rang to see if arrears were paid off - they were.. she will cancel her standing order. So, evidence that I PAID THE ARREARS!

 

Then .. something about arrears still being 28.68

Deferred

Then again in 2006 the 'arrears' are now £46.72... (how did they go up if I paid them off?)

in 2008 - still under the threshold, the arrears are back up to 202.40

2008 - 'rolled back account and removed charge'

2009 deferred.

2009 previous arrears value £103

2009 previous arrears £155

2009 account update loan reschedule prev payment 51.85

2010 previous arrears £48.63

and 54.33

 

2013. First notice of sums in arrears 117.26 (deferment in place)

2013 -legal letter sent. Customer called regarding legal letter and said deferrment docs sent. Advised not showing deferred and is 5 payments behind. Customer cannot afford as her and partner are both students.. advised cannot hold account and will continue with action..

 

At some point they have sent all correspondance to a totaly differen postcode NR1 3LY despite that not being my home address

 

i don't know where to start.. the arrears have been triggered by late or missisng deferrments.. So I dont know if I have a case

 

I haven't done a witness statement - other than the one I did last year. but I can update that and send it in tomorrow....

[AndyOrch]

You have to follow the directions and comply 14 days before trial...refer to your Notice of Allocation

[abbychaya]

Oh... Then I'm stuffed?

I didnt' realise...

 

I thought my previous witness statement would be submitted... I can write and explain to the judge, that I don't have any legal help - I obviously didn't read the thing this is all very stressful

 

http://www.aboutsmallclaims.co.uk/evidence-small-courts-rules.html

 

Says 7 days before?

so I can submit tomorrow and still be ok..

 

oh think this is outdated

 

Ok, well I think I'm going to have to throw in the towel, I have not been focused on this as trying to find another job and am currently on JSA

 

I can only submit the witness statement tomorrow and hope for the best

[Guest]

what were the court directions (if any) on it after mediation failed.

 

ps, see andy posted about that. your NoA said 14 days. ct directions take precedent.

maybe just send it anyway, better late than never. they wld though be able to flag it up if they wanted to.

see what the guys say first though.

[abbychaya]

I didn't get any

I was open to mediation, but when they told me on teh phone (twice) it was to settle out of court and admit fault (that's how I understood it) then I thought it wasn't an option

I didn't get any correspondance after that

[Guest]

ps, see andy just posted about that. your NoA said 14 days? ct directions take precedence.

maybe just send it anyway, better late than never. they (or the court) wld though be able to flag it up if they wanted to.

see what the guys say first though.

[abbychaya]

'I haven't really understood that I had to re-file another defence..

 

 

. Can I still do this and have it considered next Friday?

 

 

its' pretty much the same as the previous one

- but I can add that it seems that there is no real proof of how these arrears came to be, other than missed deferrments

- or lost documents. I can't really tell...

 

Ford. Thanks. I'll do that tomorrow and take it to the court and post a copy to Restons...

[Guest]

Ford. Thanks. I'll do that tomorrow and take it to the court and post a copy to Restons...

check with the guys first, am not up to speed with the thread....

[abbychaya]

ok. thanks

[Guest]

'I haven't really understood that I had to re-file another defence... .

isnt it a witness statement you need to do?

again, am not up to speed. double check with the guys.

[abbychaya]

Yes, witness statement.. I will re-do the one I did last year and send that asap... I dont' have much to add other than I've seen the documents and it looks like failing to send back deferment on time or deferment docs being lost has resulted in 'arrears' .. I made an effort to pay those off (in 2006) and then somehow there are more arrears added, despite never having earned over the threshold...

[AndyOrch]

So you have not had a Notice of Allocation ? Normally its the one that tells you about mediation and you did post about that ?

 

This is why you have received the claimants bundle ...so they have had theirs ?

 

You have to do a disclosure with list and a witness statement and submit by the dates stated within your Notice of Allocation.

 

Abby this is what happens when posters do not regularly check their threads and then post a week before the trial .

 

Your last post.......

 

10th December 2016 12:29 #256

[abbychaya]

I've had a lot on.. but yes, my bad.. I will submit tomorrow..

 

I dont' recall getting the allocation stuff.. I sent back the document saying yes to allocating it to the small claims..was that it? but no witness statement

 

I think I've just got confused.. I sent back the stuff they wanted re 'do you agree this is going to small claims' and I haven't sent a witness statement.. I could do that tomorrow and say I haven't had any legal help to compile it?

[AndyOrch]

The process.......

 

Claim submitted

 

you submit a defence

 

Claimant wishes to continue...

 

You both complete Direction Questionnaires (N180s)

 

Notice of Allocation ..this informs you about mediation and what directions are to happen in the event mediation fails.

[AndyOrch]

Hi there all

So, now I have received notice that the small claims hearing will be in Februrary with a Judge and probably take an hour an a half

There's also been an offer of mediation

 

What does this mean? would the case be settled in mediation?

 

Do I need to find a lawyer to help me prepare for the hearing?

 

Can't believe this is rumbling on and Reston's seem to set on the whole thing

 

thanks again for help and comments

 

The above is the Notice of Allocation you received it on the 5th November 2016

[abbychaya]

this is the bit that hasn't happened, have received nothing about what happens if mediation fails - so...

 

I had two telephone calls, both informing me that mediation was for me to admit to owing the money and to make an offer that was acceptable to restons

- so I said no

 

Nothing in post or anything following that... hearing is next week, their bundle and costs etc have been sent to me

[AndyOrch]

You have received it Abby otherwise you wouldn't know the trial date...see post#277 above.....your post ?

[abbychaya]

Yes. I see.. I got in touch with the court and they said just to submit it today and hope that the other side would not ask the judge to disregard...

[AndyOrch]

Excellent so you need to prepare a disclosure list and attach all the relevant documents that you will rely on and that you have referred to within your defence and witness statement...and draft your witness statement.....2 sets one for the court and one for the claimants solicitors.

 

Have they enclosed their witness statement in their bundle ?

[abbychaya]

Yes. I've done all that. Their witness statement says that according to HSL. I did not defer between.1. 15-October 2004 15 December 2004. and 15 December – 14 March 2012. and

March 2014- 19 July 2015.

 

There is evidence that my deferment was accepted shortly after this first period and i was paying back 'arrears' but in any case aren't deferrments then backdated 3 months?

 

the second one I am covered as was a masters student and there is documented evidence (in the bundle) that I deferred. I don't understand that one.

 

The last one, they told me on the phone I was not eligible to defer anymore, this was after the threatening letters started Jan 2014... so why would I defer after they told me I couldnt?

 

I've sent off to court, emailed and sent to solicitors..

 

I can only wait.. If it goes against me can I appeal?

[abbychaya]

All the relevant doc's are contained within their bundle. I have nothing else to rely on....