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Old Student Loan debt resurfaced via Restons

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  • Old Student Loan debt resurfaced via Restons

    Good evening & thanks in advance for reading.

    A few years ago (back in 2001-2003) I got myself into a load of debt. Through the next few years I struggled through & paid off, so I thought, almost everything (I did have one card debt statute barred). I'm now in a much better place - my current debt is manageable (and falling). I've repaired my credit files & been able to buy a house.

    Just before the bank holiday weekend I received a letter from Restons Solicitors with regards to an old style student loan. This letter demands payment of the full amount of £1756.33 by Friday September 4th failing which they have 'strict instructions to issue a county court summons for the full balance together with accrued costs, fees and interest'.

    The letter goes on to explain what a ccj is, the potential impact on my credit file & recommends I seek independent legal advice.

    Obviously this letter came as a surprise out of the blue (I've not heard of Restons until today and, as I've not heard from Holors Student Loans for some years I believed that this debt was behind me).

    I have typed out a template 'prove it'/'statute barred' letter from MSE and sent this out via recorded post shortly - but have read up on Restons & they appear to be unwilling to accept such letters & press ahead with court proceedings anyway - something which obviously keen to avoid.

    The last time I recall dealing with this was around May 2010 - fairly sure I've not spoken or written to anyone since then.

    At the time we were on holiday in Minehead & Honors (or someone acting for them) called on my mobile. I don't usually answer unknown numbers but did on that occasion. I remember the conversation because of where we were, but also because I was arguing that I thought it may be statute barred & I kept repeating that I didn't acknowledge the debt & was waiting for their reply to my letter.

    I don't remember hearing anything since (I didn't let them know when I moved house & changed mobile number) and, naively, thought that it had just 'gone away'.

    I took the advice from MSE & didn't sign the letter I sent and have today received a response saying that they won't acknowledge / accept the letter without my signature. I intend to post out a letter such as the one from http://www.legalbeagles.info/forums/...olicitors-help - but am concerned that they may just continue with court proceedings anyway.

    Is this the best course of action for the time being?


    Any advice appreciated.

    Thanks.
    Tags: None

  • #2
    Re: Old Student Loan debt resurfaced via Restons

    Originally posted by S1mck View Post
    Good evening & thanks in advance for reading.

    A few years ago (back in 2001-2003) I got myself into a load of debt. Through the next few years I struggled through & paid off, so I thought, almost everything (I did have one card debt statute barred). I'm now in a much better place - my current debt is manageable (and falling). I've repaired my credit files & been able to buy a house.

    Just before the bank holiday weekend I received a letter from Restons Solicitors with regards to an old style student loan. This letter demands payment of the full amount of £1756.33 by Friday September 4th failing which they have 'strict instructions to issue a county court summons for the full balance together with accrued costs, fees and interest'.

    The letter goes on to explain what a ccj is, the potential impact on my credit file & recommends I seek independent legal advice.

    Obviously this letter came as a surprise out of the blue (I've not heard of Restons until today and, as I've not heard from Holors Student Loans for some years I believed that this debt was behind me).

    I have typed out a template 'prove it'/'statute barred' letter from MSE and sent this out via recorded post shortly - but have read up on Restons & they appear to be unwilling to accept such letters & press ahead with court proceedings anyway - something which obviously keen to avoid.

    Old style student loans are subject to limitation and would be statute barred if there has been no payment or written acknowledgment in at least six years, regardless what Restons may be willing to accept. Statute barred is an absolute defence to a claim and the burden of proof is on the claimant to show it's not SBd.
    Originally posted by S1mck View Post

    The last time I recall dealing with this was around May 2010 - fairly sure I've not spoken or written to anyone since then.

    How did you 'deal' with it? Did you make any payments or did something that could constitute written acknowledgment of the debt (such as making a written repayment offer)?
    Originally posted by S1mck View Post

    At the time we were on holiday in Minehead & Honors (or someone acting for them) called on my mobile. I don't usually answer unknown numbers but did on that occasion. I remember the conversation because of where we were, but also because I was arguing that I thought it may be statute barred & I kept repeating that I didn't acknowledge the debt & was waiting for their reply to my letter.

    I don't remember hearing anything since (I didn't let them know when I moved house & changed mobile number) and, naively, thought that it had just 'gone away'.

    That wouldn't have reset the clock. :grin:
    Originally posted by S1mck View Post


    I took the advice from MSE & didn't sign the letter I sent and have today received a response saying that they won't acknowledge / accept the letter without my signature. I intend to post out a letter such as the one from http://www.legalbeagles.info/forums/showthread.php?52617-Restons-solicitors-help - but am concerned that they may just continue with court proceedings anyway.

    Is this the best course of action for the time being?
    Concern about signatures is widespread on the internet, however, there isn't really much cause for concern, especially in a case like this when you wouldn't even be arguing about your having signed an agreement or not, you are just sending a letter saying the debt is SBd. If that's what it takes for them to accept that fact and go away, I'd just re-send a signed letter. :typing:

    Comment


    • #3
      Re: Old Student Loan debt resurfaced via Restons

      Thank you Flaming Parrot. Will re-send the signed letter via special delivery tomorrow.

      Comment


      • #4
        Re: Old Student Loan debt resurfaced via Restons

        UPDATE:

        On Saturday I received a letter from Restons asking for proof that the debt is statute barred (ie a copy of the default notice, statements of the last 6 years showing no payments being made etc)

        Apparently if I don't let them have these by Friday 18th then they will commence with court proceedings.

        I was under the impression that it was up to them to prove that it's not statute barred - not up to me to prove that it is. Is this still the case?

        Should I respond just asking them to provide proof that it isn't or is there a better route to take?

        As ever, thanks in advance for taking the time to read this & for any advice you can offer.
        Last edited by S1mck; 14th September 2015, 08:03:AM. Reason: Typo

        Comment


        • #5
          Re: Old Student Loan debt resurfaced via Restons

          If they go to court then.

          Comment


          • #6
            Re: Old Student Loan debt resurfaced via Restons

            Thank you Nibbler.

            Is there specific wording I should use in my reply to Restons?

            Comment


            • #7
              Re: Old Student Loan debt resurfaced via Restons

              Someone on MSE suggested I send the following:

              Dear Restons. As you are aware it is for the claimant to prove that a debt is not statue barred in court not for the defendant to prove it is. as you are aware pre-action protocols require parties to exchange information in order to resolve matter before court if possible. Under paragraph 3.2 (3) Annex A of pre-action protocols I request further information and documents so I may "give a full response". paragraph 5.1 says you should "provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided".
              I require
              copies of statements showing the payments within the limitation period on which you will or may rely
              copies of any signed written acknowledgement within the limitation period on on which you will or may rely
              copies of any other evidence or document on which you may rely to prove the timing of the cause of action
              any claim you issue will be defended in full.


              Would this be ok? Or am I making a rod for my own back?

              Comment


              • #8
                Re: Old Student Loan debt resurfaced via Restons

                Originally posted by S1mck View Post
                Someone on MSE suggested I send the following:

                Dear Restons. As you are aware it is for the claimant to prove that a debt is not statue barred in court not for the defendant to prove it is. as you are aware pre-action protocols require parties to exchange information in order to resolve matter before court if possible. Under paragraph 3.2 (3) Annex A of pre-action protocols I request further information and documents so I may "give a full response". paragraph 5.1 says you should "provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided".
                I require
                copies of statements showing the payments within the limitation period on which you will or may rely
                copies of any signed written acknowledgement within the limitation period on on which you will or may rely
                copies of any other evidence or document on which you may rely to prove the timing of the cause of action
                any claim you issue will be defended in full.

                Would this be ok? Or am I making a rod for my own back?
                Good ol' MSE, always well-meaning but often falling short. :sad:

                The wording above is outdated, it refers to an annex that no longer exists. :mmph: The pre-action conduct was amended when new protocols came into force and the helpful annexes in question have all been removed, see for yourself: https://www.justice.gov.uk/courts/pr...on_conduct#3.1

                Comment


                • #9
                  Re: Old Student Loan debt resurfaced via Restons

                  Originally posted by FlamingParrot View Post
                  Good ol' MSE, always well-meaning but often falling short. :sad:

                  The wording above is outdated, it refers to an annex that no longer exists. :mmph: The pre-action conduct was amended when new protocols came into force and the helpful annexes in question have all been removed, see for yourself: https://www.justice.gov.uk/courts/pr...on_conduct#3.1
                  Thank you for pointing this out. I admit to being a little out of my depth on this. Do you think I should just write back in plain English confirming that it falls to them to prove that it's not statute barred & not the other way around & asking them to send me appropriate evidence?

                  Thanks for your help - really appreciate it.

                  Comment


                  • #10
                    Re: Old Student Loan debt resurfaced via Restons

                    Originally posted by S1mck View Post
                    Thank you for pointing this out. I admit to being a little out of my depth on this. Do you think I should just write back in plain English confirming that it falls to them to prove that it's not statute barred & not the other way around & asking them to send me appropriate evidence?

                    Thanks for your help - really appreciate it.
                    Yes, there's no need to get technical with them, they are solicitors and should know the law. They are just playing silly buggers. :rant:

                    Comment

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