Claim form received from FWJ Legal Limited to be heard at Northamption

[epicpotato]

Hi,

My partner has received a Claim Form from FWJ Legal Limited to recover her student debt in full plus several thousand in add-ons.

It is a Swedish student debt and it appears to have been sold to FWJ Legal.

She is my full-time carer as I am disabled both with reduced mobility and also suffer from Bipolar. She has no other income than her carers allowance.

The Claim for is for a total amount of £36,540.37 which we obviously do not have.

I would really appreciate any advice on how to proceed with this. The claim was issued yesterday (11th March 2021) and we have 14 days to respond to the claim.

I'm aware that in this country, a student debt doesn't have to be paid back if you do not earn over a certain amount, but I am not sure how she stands legally with a student debt from Sweden.

Also arrived in the post was another envelope, directly from Francis Wilks & Jones with the "Particulars of the Claim" and also a statement of the loan, dating from 1/1/1998 to the present date, even though she finished her degree in 2003. It seems that they're claiming that they have sent monthly reminders for £120 per month until 2012, then £200 per month until 2015, then £450 per month thereafter. This obviously makes the claim more than three times the original debt. There is nothing else in the envelope apart from those. No original documents from the Swedish Board of Student Finance have been included.

I look forward to hearing how we should proceed with this.

Many Thanks.

[EnglandPi]

Is this any help

https://www.csn.se/languages/english...r-demands.html

[epicpotato]

Have you any idea how the Swedish Board of Student Finance obtained her UK address and how long has she been in the UK?

I have absolutely no idea how they got her address. Her bank (Halifax) used to give it to them. We know that because there was a mistake in the address that only Halifax used. She has instructed them not to share the information anymore and we have moved house since she gave them that instruction.

She has been in the UK since 2003. She moved here straight after she finished university.

[epicpotato]

Is this any help

https://www.csn.se/languages/english...r-demands.html

I have read that page, and a lot of it describes what is happening. The problem is that she doesn't earn enough to contribute to it. She only gets carers allowance and has for some time. In the UK, the payments would be deferred until earning above a certain amount, and if earnings never go above that amount, it is written off (as far as I am aware), but we cannot get any information on whther that should apply to a foreign student loan also. I am assuming not, and really just looking for advice on how to proceed if she has no money.

[EnglandPi]

I appreciate you are trying to help her but it would appear the loan is expected to be paid. What I don’t understand is why they would issue proceedings in the county court in the UK when a simple due diligence search would show she obviously has no money or assets, I don't see what they would gain from legal proceedings.

[epicpotato]

I appreciate you are trying to help her but it would appear the loan is expected to be paid. What I don’t understand is why they would issue proceedings in the county court in the UK when a simple due diligence search would show she obviously has no money or assets, I don't see what they would gain from legal proceedings.

It does say on the page that you shared that if someone with a student loan moves abroad that it will be sent to a debt collector. I'd just like to know the next port of call, really. Do we respond to the claim? Do we contact the debt collection agency? Or is there another move that we should make?

When I searched the postcode on the envelope, I found this thread on here. I was hoping to be able to do something similar. I have my doubts that the UK debt collection agency will have all of the original documents so maybe something like what is described in this thread. It's a shame that user is no longer active on this forum. Court Summons from Lowells & BW Legal re Capital One - LegalBeagles Forum

[EnglandPi]

The problem is this is a British Forum giving advice on British Law. I have no idea about Swedish Law or how their student loans work. Normally I would suggest you defend but I don’t know if its even defendable. Maybe someone else may know. @Ula @Des8

[epicpotato]

The problem is this is a British Forum giving advice on British Law. I have no idea about Swedish Law or how their student loans work. Normally I would suggest you defend but I don’t know if its even defendable. Maybe someone else may know. @Ula @Des8

Well, it could be good that it has been filed at a UK court. Thank you for tagging people that might be able to help.