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


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

 

But you cant rely or use their disclosures...you have to have your own..if you have not done your own you cant submit any written evidence.

We could do with some help from you.

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They have had access to Honours Students Loans records, I haven't.. I have no records of correspndance. Only my own word ...and proof of income in that time - which is already contained in the bundle.. I know I should have taken legal advice, but haven't. The case will probably go against me, I realise that. Maybe I can appeal?

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In theory there should not be any new information as you sent them a Data Protection Subject Access Request and they should have supplied all information they had.

 

In your evidence, i think you should mention the requests for information you have made and how difficult it has been.

 

That the claimant has only just provided further information that was not supplied in the subject access request return received. I can't see why you cannot point to their new disclosures and to add your defence to these in your own way.

 

Just try to keep it simple by sticking to the rules of the student loan that you took out and how you have always complied with the rules. Point to the issues of deferment and the admin issues.

 

I can't see how you will not win this, if you just look at what case Restons are making and what your counterpoints are. Point to information confirming how you have complied with the loan terms and why Restons may not be correct in their submissions.

We could do with some help from you.

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Its not a matter of appealing...you have not lost yet......but you are leaving yourself wide open by not following the court process and finding reasons why you do not need to follow the advice I have given.

 

Example.....any party that does not follow the court directions...IE preparing their disclosure list and exchanging with the other party and exchanging of witness statements by the dates stated within the directions may be liable to having their claim/defence struck out.

 

Submitting your defence was one part of the process....disclosing your documents and witness statement is the second part (your evidence)...so as it stands you may be only allowed to give verbal evidence and not be allowed to submit any written evidence that you did defer and that you was located in Malta...proof of your income etc etc..

 

Andy

We could do with some help from you.

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"In theory there should not be any new information as you sent them a Data Protection Subject access requesticon and they should have supplied all information they had."

 

I only received their bundle two weeks ago - with all the correspondance etc

 

I've told the court I would submit my witness statement yesterday and they said that was ok

the other side (Restons) are not coming to the hearing

So.. will I have to be the only one answering questions?

 

The period i was in Malta is not in question as I have in front of me proof that I deferred from May 2013 - which would have covered me until May 2014 -

the periods they are saying 2004 - and 2015 are also inaccurate as per my last post..

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  • 2 weeks later...

the case went against me and the judge has demanded I pay up - including all their costs..

 

I can't obviously..

Do I make a proposal?

 

Can I do something else?

 

I can't help thinking I should have done mediation, but it seemed like that wasn't an option.

 

I'm really confused and stressed obviously as I can't pay 4k...

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...

I wrote to the court after they demanded the money,

saying I was on JSA and offered a £1 a month or something.

I heard nothing back.

Today I got a letter from the HM land registry saying REstons have lodged a charge against my property!

 

This is the first I've heard of it.

Don't they have to apply for this through the court?

shouldn't I have been notified?

 

what do I do?

The charging order is dated 29th March.

I received no correspondance regarding this whatsoever!

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The Land Registry said they could automatically do this at the time of the judgement - but I wasn't given that information at all, or a response from my offer to pay and income and expenditure that I posted to court/Restons following the pay up or else letter...

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sadly you don't get notified now

and regardless to your offer

they can still automatically get a CO.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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An interim CO surely, I just checked with the CAB, they still have to apply for a final order, at which point I can make an application to pay it in installments or an administration order as the debt is under 5k...

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is the home jointly own in deed or mortgage

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so they can get a co

ico is just the same you cant prevent the full CO AFAIK

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

SO, I thought I'd update. Reston's went for and got a full CO. The amount outstanding that they now want me to pay is £5k (on a debt of 2k) I have offered (and they have accepted) £15 payment per month

 

I am staggered. I can't understand how this all went through and wonder - is there anything I can do to challenge the judgement?

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Time has passed to challenge the judgment....it appears all went wrong from around post #274 ?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • dx100uk changed the title to Honours Trustee Ltd [now Link] /restons claimform - old SLC loan
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