Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

[sunhen]

Hello, (second time of writing as form had expired and back button deleted my original text :mad2

Please could someone advise me, I attended County Court yesterday, representing myself versus Restons Solicitors representing Honours Trustee Limited as claimant. I'd applied to have the original Judgement set aside on grounds of not being in the country, breaking my collarbone and being under the impression of having the loan in deferment whilst away. I have much evidence of the absence and injury. The Judge was quite sympathetic and adjourned the hearing for 3 weeks.

Now I am amassing as much evidence and would like to ask peoples opinions on a few things:

The Judge made it clear that to have the CCJ Set Aside I need to challenge the validity of the original claim. I stated that I am challenging it on the grounds that, Honours, as the Claimant had the burden of proof to present evidence of contract between myself and Honours. Honours do not have a contract but the may have a Notice of Assignment from March 2014. My query is that if I contact The Student Loans Company seeking proof of contract, and if they do not have it, does that invalidate the Notice of Assignment? In the hearing yesterday I conceded to the Judge that I acknowledge I owe money to The Student Loans Company and that if Honours Student Loans can provide proof of Assignment that would nullify my Setting Aside of the CCJ. What I mean to ask, how binding is my admittance of debt to TSLC, if I can prove they have no contract with me?

Secondly, in all correspondence between Restons Solicitors and myself have been referred to as Honours Trustee Limited (claimant) vs Myself (defendant) but the latest correspondence I received from Restons has written, Capita Customer Management Limited vs Yourself. How important, if at all, is this?

I promptly contacted the Financial Ombudsman this morning and they are complaining to Honours Trustee Limited on my behalf. This complaint could take any amount of time, up to 8 weeks. So time is not on my side, is it possible to have claims adjourned for reasons such as these, i.e. evidence gathering, or waiting for the Claimant to respond to, what is certainly justified, complaints?

Understandably I'll have many more questions but, if you have anything to offer me, I am very grateful.

[sunhen]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

My plan is to contact Honours Trustee Limited for proof of contract to validate/invalidate the claim. I will also place a condition of ignoring the letter being tantamount to guilt. But how effective, or binding is this in a court? Thanks!

[nemesis45]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

Hello, (second time of writing as form had expired and back button deleted my original text :mad2

Please could someone advise me, I attended County Court yesterday, representing myself versus Restons Solicitors representing Honours Trustee Limited as claimant. I'd applied to have the original Judgement set aside on grounds of not being in the country, breaking my collarbone and being under the impression of having the loan in deferment whilst away. I have much evidence of the absence and injury. The Judge was quite sympathetic and adjourned the hearing for 3 weeks.

Now I am amassing as much evidence and would like to ask peoples opinions on a few things:

The Judge made it clear that to have the CCJ Set Aside I need to challenge the validity of the original claim. I stated that I am challenging it on the grounds that, Honours, as the Claimant had the burden of proof to present evidence of contract between myself and Honours. Honours do not have a contract but the may have a Notice of Assignment from March 2014. My query is that if I contact The Student Loans Company seeking proof of contract, and if they do not have it, does that invalidate the Notice of Assignment? In the hearing yesterday I conceded to the Judge that I acknowledge I owe money to The Student Loans Company and that if Honours Student Loans can provide proof of Assignment that would nullify my Setting Aside of the CCJ. What I mean to ask, how binding is my admittance of debt to TSLC, if I can prove they have no contract with me?

Secondly, in all correspondence between Restons Solicitors and myself have been referred to as Honours Trustee Limited (claimant) vs Myself (defendant) but the latest correspondence I received from Restons has written, Capita Customer Management Limited vs Yourself. How important, if at all, is this?

I promptly contacted the Financial Ombudsman this morning and they are complaining to Honours Trustee Limited on my behalf. This complaint could take any amount of time, up to 8 weeks. So time is not on my side, is it possible to have claims adjourned for reasons such as these, i.e. evidence gathering, or waiting for the Claimant to respond to, what is certainly justified, complaints?

Understandably I'll have many more questions but, if you have anything to offer me, I am very grateful.

Good morning Sunhen, Happy New Year!

Have you informed the claimant that you have contacted FOS?

I believe ( no doubt someone will correct me if I'm wrong) that Capita acquired the " loan " book from Honours some time ago.

I would expect that Capita has applied to the court for a change of name of claimant, but Capita do not have a good reputation.
My feeling is to write to Restons ( not phone or e-mail ) Stating that you do not recognise the claimant and do not acknowledge
any liability to this claimant.

Ask as many questions as you wish, there's plenty of expertise available here.

nem

[sunhen]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

Happy New Year!

Thanks for your prompt reply Nemesis45, I felt a little downhearted after yesterdays hearing but much more determined that I have good grounds for winning this thing. My imminent letter of complaint is my point of informing Honours that I have contacted the FO. A days notice isn't bad right!

It's very curious that the last email I received states Capita Customer Management Limited vs Yourself. I will write to them promptly stating that I do not recognise the claimant. If they write back saying a mistake was made in the letter, where does that leave me legally/lawfully-wise?

It's also curious that on the back of an Honours Student Loans statement it says - “Honours Student Loans is the registered trademark of Honours Trustee Limited. Honours Trustee Limited is an independent private limited company. Honours Trustee Limited is not a parent, subsidiary or affiliate of the Student Loans Company Limited.” Yet they seem, to this day, to be inexorably linked. My deferment failed, unbeknownst to me because I sent deferment forms to Honours when they actually asked if I'd sent them to the Student Loan Company (September 2014), who, given the italicised disclaimer are completely unaffiliated.

With my letter of complaint I will also send an 'Request for further information - CPR Part 18' letter asking for the policies I want to see, and contract. Is this wise?

OK - Thanks, I will contact Restons also.

[nemesis45]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

Hi Sunhen,
Yep days notice is fine!

You should certainly have been in formed if Capita had applied for a change of claimant.
All else you're on target!!

nem

[nemesis45]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

It seems that Honours has an outsourcing deal with Capita Customer Management for debt collection for over 8 years.


Was honours the named claimant on the original claim, from what you have posted earlier it would seem so?

nem

[sunhen]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

My loan is more than 8 years old, not that that will have much bearing. The claimant is Honours Trustee Limited so perhaps they have messed up a bit there?

Thanks! :beagle:

[sunhen]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

Well, once more into the breach.

I'm a lot more nervous about the Court appearance next Monday now that the claimant sent me their Witness Statement at 16:00 today (Friday) They have copies of my old agreement with the Student Loans Company from back in 1998 and have tied me up, bound me to acknowledging a connection to the debt with prior correspondence.

I've prepared my own Witness Statement which I shall pass to the Judge first thing on the morning of the hearing, also my fee schedule! ...

As it's the 11th hour I am not sure how best to prepare my defence. Does anyone have knowledge of the legitimacy of Honours Student Loans acquiring loans from the Student Loans Company? Barring that, there are a few technicalities that I can work on but with having myself bound to the original debt I am not sure how I can win this.

Ah well!

[nemesis45]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

My loan is more than 8 years old, not that that will have much bearing. The claimant is Honours Trustee Limited so perhaps they have messed up a bit there?

Thanks! :beagle:

I'm afraid the age of the debt is not what is important if it had been 8 years without payment or acknowledgment it would be
a different matter.

nem

[browneyedgal]

Re: Help/Advice needed please - CCJ setting aside hearing adjourned for 3 weeks.

Well, once more into the breach.

I'm a lot more nervous about the Court appearance next Monday now that the claimant sent me their Witness Statement at 16:00 today (Friday) They have copies of my old agreement with the Student Loans Company from back in 1998 and have tied me up, bound me to acknowledging a connection to the debt with prior correspondence.

I've prepared my own Witness Statement which I shall pass to the Judge first thing on the morning of the hearing, also my fee schedule! ...

As it's the 11th hour I am not sure how best to prepare my defence. Does anyone have knowledge of the legitimacy of Honours Student Loans acquiring loans from the Student Loans Company? Barring that, there are a few technicalities that I can work on but with having myself bound to the original debt I am not sure how I can win this.

Ah well!

Sorry that I only saw your post today.

Would you care to share the outcome of your hearing? You should have prepared a skeleton defence to show to the Court that you have a reasonable prospect of successfully defending the claim. I am helping someone out with the same problem with Honours Trustee Limited.