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

[unclebulgaria67]

You don't have to work to Restons timescales, only the courts. You submitted your defence to the court and it is up to Restons to prove their claim.

 

You don't have to write back to Restons.

[WindySock]

As you have failed to show any evidence that you successfully deferred

and are were not in arrears when the right off could have become due at 50,

then they may apply for summary judgement/strike out you defence.

[unclebulgaria67]

Would have thought Judge unlikely to strike out defence. It is always up to the claimant to prove their case.

SLC records don't appear available after 2007, so i wonder whether these were shipped to Honours ?

[abbychaya]

I have no 'evidence' as i posted from Malta and didn't copy.. They did not provide any evidence past 2007 of any previous deferrments or how the arrears were 'arrived' at

 

I hope that I do get the chance to write a witness statement

[abbychaya]

*update*

Restons' have written to me saying the following

 

Under the Civil Procedures Rules you have a duty to co-operate with our firm.

They have enclosed

Copies of the Credit Agreement (which I have had)

Copy of statement of account - between 1994-1996

Copies of statement account between 1996-2005 (nothing after this date!)

Copy of Default Notice

Copy of Termination notice

 

It goes onto to say that

according to the information received from 'our client' on 25 Apri 2013

I was advised by the client that the account was not shown as deferred and there were five payments over due (not as far as I can recall!)

 

You advised the client you were a student and could not afford to make the repayments

(which I was! I was a masters student for a year and as such my income was accepted by Honours as being below the threshold I remember this!)

 

They go on to say that the Client could not put the account on hold (why? as I had proved I was a student with a low income!)

 

THey then say on 19th July 2013 (somewhat chronilogically wrong!) I advised I could not afford to make payments ..

 

OUr client advised that there were arrears due to missing information in relation to the deferment

(which I had sent in, as I was a student and could prove that, I know I sent the deferment forms in)

 

It goes onto say that due to the termination notice I cannot have it deferred or written off..

And they are inviting me to withdraw my defence by 26th October

 

If they fail to receive a response they will make an application to strike out the defence

 

What should I do now?

 

There is no evidence bar statements (up to 2005)

I was clearly able to prove I was a student and deferred in 2013.

 

I would have sent all the information to them and can certainly prove that I WAS a student,

and then was a lecturer on a lower income than the threshold (following that)

 

I would like to not withdraw my defence, so how do I go about doing this?

[Old Cogger]

Under the Civil Procedures Rules you have a duty to co-operate with our firm.

 

They have a duty to co-operate with you more like, they try it on.

[Old Cogger]

wait for DX to advise, they are the pits in misinformation at times Rectums. so do nothing they are hoping to bluff you?

[dx100uk]

don't believe a word rectums say.

 

they always write letters like that to unsettle a defendant

 

when in all reality, your defence has them in a corner, and they know it.

 

the claim is stayed...

hold your nerve.

 

 

dx

[unclebulgaria67]

Perhaps you do need to respond regarding lack of information available. E.g statements after 2005, the deferments due to income below the threshold. Ask them why they are unable to provide some information. I think you mentioned that SLC had told you that they could not trace their files after 2007.

 

Restate your defence and say that they have failed to prove there is a current debt that is enforceable under the terms of the original agreement.

 

If you did not respond to the letter, i wonder whether a Judge might consider striking out your defence.

[abbychaya]

I will respond this week.. this is the only response I've had before they asked me to write to them defending myself (a few weeks ago, and was advised not to reply)

 

I will respond, and restate my defence, they haven't submitted any documents that either prove or disprove deferrment/documents relating to the last deferment anything

 

I will ask for more information relating to the actual last date of deferment and any correspondance they have relating to what they allege has been 'said'

 

Thank you all again

[dx100uk]

the claim is stayed.

 

I would never respond to any rectums letter they are simply willy waving.

 

dx

[unclebulgaria67]

..

I will respond this week.. this is the only response I've had before they asked me to write to them defending myself (a few weeks ago, and was advised not to reply)

 

I will respond, and restate my defence, they haven't submitted any documents that either prove or disprove deferrment/documents relating to the last deferment anything

 

I will ask for more information relating to the actual last date of deferment and any correspondance they have relating to what they allege has been 'said'

 

Thank you all again

 

I don't think you need to say much, other than you stand by your defence for which they will have a copy already and you question the lack of records held by the orginal creditor (SLC) and Honours. Point out that it is odd that SLC say they don't have records after 2007 and that Honours also cannot provide missing records such as the deferments that were made because income was below the threshold.

 

Up to you whether you respond or just follow dx's advice not to respond to willy waving. I just recall seeing some cases where a Judge has sided with a claimant when information was missing like this. The Judge questioned why claimants Solicitors were not challenged by responding to them, deciding on balance of probability that there was no evidence to support defence e.g deferment in your case.

[dx100uk]

please don't write anything to reston

 

if they are so confident then let them pay to have the stay lifted.

 

after 3 attempts at waving they would have done so by now IMHO

 

they can send all the bog roll they like

 

still doesn't disprove your stated defence.

 

dx

[abbychaya]

Ok, so is the consensus I DONT respond at all to Restons? and wait for the day in court?

I'm unsure what to do!

[unclebulgaria67]

There is no rush !

 

See what others say. I was just thinking that they had sent information and it might be worth responding pointing out missing information.

[abbychaya]

Thanks Uncle B!

 

but they do say if I *don't* respond by the 26 they will aim to get the defence stricken out!

[dx100uk]

as they have in the last letters too...have they... no.

 

its the claimant job to prove that you didn't defer

not for you to prove you did..

 

very strange how they cant....

 

the judge [and restons?] to date knows nowt about the possible issue with regarding the deferment being sent from malta

and poss going missing.

 

prove your case rectums and pay the fee to unlift the stay

 

if not bugger off!!

 

dx

[abbychaya]

so am I right in thinking I *don't* write to Restons or I do, just firmly and politely saying I will not be withdrawing my defence?

[dx100uk]

not for rectums to decide to do anything with your defence

 

its for the judge ...IF IF IF it ever gets to court to decide that..

and if if if they want to pay to unstay the claim..

as it stands they are simply trying to unsettle you.

[WindySock]

If they fail to receive a response they will make an application to strike out the defence

 

What should I do now?

 

Should at least respond saying why you dispute their claims, and that you would oppose any strike out attempt on their part.

 

Just to cover yourself should they not be bluffing.

 

if they are so confident then let them pay to have the stay lifted.

 

What stay?

[dx100uk]

must be stayed

defence was filed:

31st August 2015 09:16

[Guest]

abby

can you confirm that you have not received anything further from the court since you submitted the defence.

 

post #106, at least they confirm that they did receive your deferment application?

[abbychaya]

I will write them a neutrally worded letter this week saying I do not intend to withdraw my defence.

 

What will happen then?

[dx100uk]

they'll laugh at you...

 

 

dx

[Guest]

I will write them a neutrally worded letter this week saying I do not intend to withdraw my defence.

 

....

 

seems not much point in just doing that atm.

 

just double checking, have you received anything from the court since defence submission?