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Honours Trustees/Reston and court claim for old style student loan

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  • Honours Trustees/Reston and court claim for old style student loan

    HI,

    I have an old style student loan taken out in 1994 with the Student Loan Company and then presumably sold on to Honours Student Loans (Trustees)

    Until 2013 I had successfully deferred, having not earned the threshhold. Until recently I did not know that the debt would be wiped out at the time you turn 50, which I did in Jan 2014.

    I went to work abroad in 2013 and sent in the deferment forms which would have covered me up utnil I was 50 but they claim not to have received them and put my account into arrears, for which they have been chasing ever since..


    Reston's have put in a claim in Northampton County Court.
    As advised on another board I put in the CPR request to them and the CCA to Honours trustees
    REston have written the standard no we don't have to comply with this letter, and Ive heard nothing from Honours.

    My question is, how do I defend this claim? and do I stand a chance in hell?

    I have proof of my income up until turning 50 and as I had deferred up until then, it seems odd that my deferment at that time would 'fail' I can't prove I sent the documents as it was from Malta and I have no proof of posting...

    I hope someone can help

    Abby
    Tags: None

  • #2
    Re: Honours Trustees/Reston and court claim for old style student loan

    I should also add that the original request for CPR was not signed by myself and they sent it back requesting a signature. Is this some sort of legal loophole I should not have complied with? They said they needed to be sure it was me requesting the info..... I did sign and send back...

    Comment


    • #3
      Re: Honours Trustees/Reston and court claim for old style student loan

      Originally posted by AbbyHoff View Post
      I should also add that the original request for CPR was not signed by myself and they sent it back requesting a signature. Is this some sort of legal loophole I should not have complied with? They said they needed to be sure it was me requesting the info..... I did sign and send back...
      It's not unreasonable for a solicitors to ask for signature, and there is really no reason to withhold it.

      You have if I read this correctly all the proof that you qualified for deferment and that can be used in defence,
      Do you have copies of the documents the claimant claims were not received.

      nem

      Comment


      • #4
        Re: Honours Trustees/Reston and court claim for old style student loan

        hi Nem, no I don't.. I mean I have the copies of my payslips from when I was working in Malta - showing my income to be under the threshold.....Those are what I would have sent...

        Comment


        • #5
          Re: Honours Trustees/Reston and court claim for old style student loan

          Originally posted by AbbyHoff View Post
          hi Nem, no I don't.. I mean I have the copies of my payslips from when I was working in Malta - showing my income to be under the threshold.....Those are what I would have sent...
          Unless there is any way of backing up your case that the relevant documents/payslips were sent it's going to be your word against the trustees evidence, which I think if it's just based on non receipt of the data is a bit "thin" can you show that you have always met the requirement promptly and correctly each time it was necessary to submit them you may have a reasonable chance of defending.
          How much is the claim for?

          nem

          Comment


          • #6
            Re: Honours Trustees/Reston and court claim for old style student loan

            yes, I can. I've been deferring it since 1995! there would be no reason why I would suddenly stop

            - - - Updated - - -

            The claim is for £3k, but the original loan was only £2k

            Comment


            • #7
              Re: Honours Trustees/Reston and court claim for old style student loan

              Originally posted by AbbyHoff View Post
              yes, I can. I've been deferring it since 1995! there would be no reason why I would suddenly stop

              - - - Updated - - -

              The claim is for £3k, but the original loan was only £2k
              Is the £3K including the court cost?

              nem

              Comment


              • #8
                Re: Honours Trustees/Reston and court claim for old style student loan

                yes, I guess the 'arrears' and the court costs

                Comment


                • #9
                  Re: Honours Trustees/Reston and court claim for old style student loan

                  Even at the low % interest of student loans, over 20 odd years with nothing being paid off, that still compounds to a fair sum as well.

                  Comment


                  • #10
                    Re: Honours Trustees/Reston and court claim for old style student loan

                    So, would I be within my rights to ask Honours trustee's for a full breakdown ?

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



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                    NOTE: If you receive a court claim note these dates in your calendar ...
                    Acknowledge Claim - within 14 days from Service

                    Defend Claim - within 28 days from Service (IF you acknowledged in time)

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