Old Student Loan debt resurfaced via Restons

stuartmck

Morning & 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.

This morning 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 has come 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 the standard 'prove it' letter and will send 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.

I'm very concerned about this, and was wondering is anyone else has had a similar experience with Restons? Am I better holding my ground with the 'prove it' letter & awaiting their response or heading straight in with a payment plan offer (I can't afford the full amount in one go).

Any advice appreciated.

Thanks.

fermi

How long since you last deferred this, or made a payment or acknowledged in writing?

Restons may well issue proceedings if not headed off.

If you end up needing to defend a claim, somewhere like http://www.legalbeagles.info/forums/ may be the place to ask on the legal side of that.

stuartmck

Hi Fermi, thanks for the quick response. 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, perhaps naively, thought that it had just 'gone away'.

I'm off out shortly to post the 'prove it' letter. Is there anything else I should be doing at this point?

fermi

So that was only by phone? How long before that? Must have been a long while if you were arguing it was statute barred then.

- Phone calls don't count as acknowledgement no matter what is said. That must be in wring and signed by you.

- If statute barred then, it would still be now. Can't be 'unbarred' by anything you do.

Info and letters here: https://forums.moneysavingexpert.com/discussion/2606811

HSL or Restons may try to make false claims that it can't be statute barred if you have not kept them up to date with your current address over the years, but most guidance and law suggests that is not true.

They may try that tactic on however.

stuartmck

Thanks Fermi. I may be better ripping up the 'prove it' letter & sending a 'statute barred' then - or perhaps an amalgamation?

fermi

Post #5 on that thread is an amalgamation of sorts.

Templates are just starting points. You adapt and perhaps add/remove to suit you own case.

Personally on this I would not be surprised to see Restons plow on with a court claim no matter what you send, but at least if they do you can show to the court that you disputed things and they ignorantly chose to ignore the dispute.

If this is basically acting as a letter before claim as it seems it is, then may also be worth replying as per pre-action protocols. http://www.legalbeagles.info/forums/ can probably help with that

stuartmck

Thanks again Fermi

fermi

Also maybe worth a read

http://www.consumeractiongroup.co.uk/forum/showthread.php?435222-Honours-Student-Loans-trace-letter-after-15yes/page2

http://www.consumeractiongroup.co.uk/forum/showthread.php?445493-Honours-Student-Loan-statute-barred-**won-written-off-by-FOS**

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=80137

Just so you know what silly claims HSL may make and can be prepared.

stuartmck

Today received a reply from Restons saying that they can't/won't accept or acknowledge my letter without my signature on it (not sure how my signature will prove my identity...?) Tomorrow I will send a reply along the lines of the one in this thread and hope it gets there in time to avoid court proceedings.

Alelondon_2

dont sign any letter!

nyermen

Signatures prove little, but they have an amazing ability to look forensically identical to the signature that magically appears on a letter you don't recognise, acknowledging the debt in time to prevent it being statute barred...