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

[WindySock]

Friday 28th by 4pm due date.

 

Running out of time then

[abbychaya]

yes, I think I've had all those letters.. but I sent back the deferrment as per the last few I had done!

ok will do something by tomorrow at 4pm

[AndyOrch]

Particulars of Claim

 

The claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about April 07 1994 in the sum of £3118.78

inclusive of interest to the date of this summons at 2.5% per annum from 07/07/2015 24/07/2015

 

Proposed Defence.

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly responds below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

It is accepted that I did enter into a contract with Honours Trustee Ltd to facilitate a Student loan from around 1994.I is denied that the amount claimed is outstanding as the loan has been deferred regularly since 1995.

 

I understand within the Terms and conditions of the loan that any debt is wrote off 25 years after graduation or when the borrower turns 50, whichever happens first.As I was 50 in January 2014 nor have I ever earned above the threshold of £28,775 a year,the amount claimed is denied.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any explanation requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(1.) Show how the Defendant has reached the amount claimed for; and

(2) Clarify its reasoning why they think the amount is now due.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed,which the claimant has failed to respond.

 

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.

 

 

I would suggest something along the lines of the above......see if they wish to proceed...then you can go into detail as the claim progresses vis a Witness Statement.

 

Regards

 

Andy

[abbychaya]

Thanks Andy, that's really helpful I am doing that now!

 

Best wishes

I will let you know how I got on

Abby

[Guest]

thanks for looking in andy, time was running out.

[abbychaya]

submitted defence as per Andy's suggestion. Will await further news..

 

thanks

[WindySock]

Good luck.

[abbychaya]

Thanks, they have my defence, not sure what will happen next!

[abbychaya]

Good morning

 

Restons have replied and Honours Student Loans have sent me correspondance suggesting I start paying back the loan at £59 a month,

and given me the 15th of the month to do this,

which I fear means they have an attachment of earnings?

 

Restons say I have breached terms and conditions and despite my assertion that I deferred regularly

failed to supply document tation in support (but I have never kept any of the deferrment letters I sent them to Honours)

THey say unless I can provide supporting documentation I should withdraw my defence.

They've enclosed a form N9A

 

I can prove my income was below the threshold in 2013/14 and some of 15 but I have no proof that I sent deferrment forms back, I never kept copies

[AndyOrch]

Standard response from them when you submit a defence...no they dont have an AoE...they need a judgment first.

 

Andy

[WindySock]

Good morning

 

So, Restons have replied and Honours Student Loans have sent me correspondance suggesting I start paying back the loan at £59 a month, and given me the 15th of the month to do this, which I fear means they have an attachment of earnings?

 

They don't have an AOE

 

Restons say I have breached terms and conditions and despite my assertion that I deferred regularly failed to supply document tation in support (but I have never kept any of the deferrment letters I sent them to Honours) THey say unless I can provide supporting documentation I should withdraw my defence. They've enclosed a form N9A

 

 

I can prove my income was below the threshold in 2013/14 and some of 15 but I have no proof that I sent deferrment forms back, I never kept copies

 

This is why you always make sure you chase up any deferment if you don't get back a letter saying your deferment has been agreed.

[unclebulgaria67]

Surely it is up to the claimant to evidence an enforceable debt and you don't need proof of deferment.

They just need to stop progressing the claim, while they contact SLC to obtain information to counter your defence.

Only if they are sure of an enforceable claim should they be continuing.

 

They are just wanting an easy win, by hoping you give up and withdraw your defence.

Keep your nerve and make them prove their claim.

[Guest]

once they show that there was no deferment,

then it would be for abby to show that an application was sent.

then for the j to decide on balance which.

 

 

but if abby has no proof of posting..

.(as i posted before, if no deferment they usually send out a letter saying now due, but can defer back).

 

then there is the issue of write off.

again for them to show no write off is applicable.

 

 

if the write off is deemed after the last deferment date,

then could be tricky if not deemed deferred/no arrears.

 

also is the issue of documentation, whether they can satisfy that requirement

[abbychaya]

Ok, thanks for these replies..

 

 

So how do I proceed?

write to Reston's?

or back to the court?

 

I can't prove deferrment, yes stupidly I didn't keep any copies or do anything,

I was in a bit of a state - which is also provable

 

 

I was on ESA/JSA from September 2014-June 2015

so obviously not earning anything like the threshold..

 

 

Prior to that was working abroad as a lecturer (under the threshold, have payslips etc)

and prior to that was a full time MsC student and had DEFINITELY deferred!

 

Help!

[dx100uk]

next move is not yours - its the claimants.

[Guest]

if the write off is deemed after the last deferment date,

then could be tricky if not deemed deferred and was in arrears.

soz, that seems a bit clearer

 

for ref:

the regs;

12. The lender will cancel the borrower’s liability to repay the loan if the borrower—

(a)dies,

(b)is not behind on any repayments under any agreement for a student loan and—

(i)was under the age of 40 when his last agreement for a student loan was made and he reaches the age of 50 or when the last agreement for a student loan has been outstanding for not less than 25 years, whichever is the sooner, or

(ii)was aged 40 or older when his last agreement for a student loan was made and he reaches the age of 60, or

©if the borrower can show the lender that he gets a disability related benefit and because of his disability is permanently unfit for work.

http://www.legislation.gov.uk/uksi/1998/211/made

[abbychaya]

I had provided deferrment info for the 2012/13 period

 

I was a full time MSC student,

 

I then went to Malta to work as a lecturer earning less than the threshold,

 

at the point I turned 50 (Jan 2014)

 

I was not aware of being in arrears..

.. I did send the forms back which obviously got lost or not processed,

 

this is why they are claiming I am in 'arrears'..

.. but what to do?

 

Restons have told me to provide 'proof' of deferrment before the 24th.

 

 

.. What will happen if I don't provide this?

 

 

Or what should I write to them?

[unclebulgaria67]

It is up to the claimant to disprove your defence.

 

But you should really do an SAR to SLC to see what is on record.

[abbychaya]

I did. There was nothing after 2007.. No evidence of deferment or anything, just statements up to that date

[unclebulgaria67]

If there is nothing on record about payment or deferment after 2007,

i wonder what information Restons have.

 

 

On the basis of SLC SAR info, the debt is statute barred, as 6 years has paased withot payment or acknowledgement.

 

I wonder whether you need to send Restons a letter asking for full disclosure of all information they hold.

[dx100uk]

you ignore restons. and their childish letters

they always send/do anything they can in an attempt to unsettle a defendant.

 

they can write you all the confetti they like.

 

file your claim and pay the fee restons..

else ..

[Guest]

abby

 

how long after the deferment date did you turn 50 eg under or over a month.

[abbychaya]

I deferred (or at least I believe I did) from 2013 - as an Msc Student

I then got a job in Malta - earnings under threshold september 2013- onward

turned 50 Jan 2014!

 

Uncle Bulgaria, I will do that.. send Restons' a letter

and not proving anything to them, that's the courts job to decide, right?

 

Thank you all so much

[dx100uk]

IMHO no

Don't fall for their tricks

 

If they have evidence they must disclose it in good time or be forced by the judge to do so.

 

Not your job to do it

 

Dx

[abbychaya]

They required 'evidence' by today, and I haven't replied. What will happen next?

Should I even acknowledge their letteR?

I'm going away today for work, so won't be able to do anything anyway

 

thanks again for all your help and advice