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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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I left university over 15 and a half years ago, in the UK.

Customer Question

I left university over 15 and a half years ago, in the UK. As a mature student, I had no
choice but to take out four student loans, which the government sold off to, in my opinion,
a loan shark. The service has been awful. Just under two weeks ago, due to the ridiculous
deferment forms procedure, a County Court Judge wrongly awarded the other side around £15,000, and gave 28 days to pay. I have not received any letter from the court, as usual,
and do not even know the exact amount. Due to the fact that I have not worked, due to role reversal, I have no income. The student loans are quite definitely based on my income alone. The original loans were for about £7,000 under the pre 1998 rule. My wife and myself hold a 25% share by way of a mortgage with a third party and pay rent on the 75% to a housing association. As I have," NO INCOME," in my own right, can the creditor put a charge on my 12.5% of my share? We have no intentions of moving, so how does this work. My biggest question is this... Can I legally put my share or benefit of
such into a trust fund for my son, who will lose out upon inheritance when I demise? If
possible how quickly must I act, and before any order to pay comes through. Also, if possible, how watertight will this be. As I fimly believe that I have been wronged.
Please use your expertise and advise.

Thanking you
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Did you contest this and if so was the figure awarded after a trial please?
Alex Watts : Have you applied for a redetermination of the payment due yet please?
JACUSTOMER-3xxaa4tv- :

Hello Alex,

JACUSTOMER-3xxaa4tv- :

I am not exactly sure as to what you mean. I attended court on the trial date, and tried to represent myself as best as I

Alex Watts : Did the order the full sum due straight away?
Alex Watts : Now I am on the train so will be on a d o
Alex Watts : on and offline
JACUSTOMER-3xxaa4tv- :

could do, with some success. The amount after interest and legal charges claim was against myself. I believe you are

JACUSTOMER-3xxaa4tv- :

asking the time period. I was given 28 days to pay the amount, or the matter would be taken further. I still do not know the

JACUSTOMER-3xxaa4tv- :

exact amount as this seemed to be a chat more between the judge and the barrister, and I still have not received any

JACUSTOMER-3xxaa4tv- :

letter or notification from the court. The court trial was on the 26th of September, fast track, and lasted from 10.30 to 15.30

JACUSTOMER-3xxaa4tv- :

with a break and lunch of 45mins.

JACUSTOMER-3xxaa4tv- :

I feel that I have been unfairly treated and this is not what I trusted when signing the simple contract agreement in 1994 and

Alex Watts : Yes it can be around 2-3 weeks before you get an order from the court.
JACUSTOMER-3xxaa4tv- :

for the subsequent years afterwards. I complained repeatedly to Honours Trustee Limited, and asked as to how I could

Alex Watts : However what you can do is apply to amend the order to allow for a redetermination
Alex Watts : This is where you apply to the court to vary the order but only to the extent that you are asking for realistic monthly payments.
JACUSTOMER-3xxaa4tv- :

forward/return the deferment forms when, they were not sent or filed correctly. The judge unfortunately sided with the barrister

JACUSTOMER-3xxaa4tv- :

unfair, and very convenient for a company who has purchased the loans for profit.

Alex Watts : Or you could appeal the decision all together.
Alex Watts : To appeal you need to show one of three things
Alex Watts : a. There was an error in law
Alex Watts : b. There was an error inprocedure
Alex Watts : c. The decision made was one which no reasonable judge could have made
JACUSTOMER-3xxaa4tv- :

The barrister appeared to present a wrong account of the debt being written off at 50. Alex, I really wish that I could, but the

JACUSTOMER-3xxaa4tv- :

Judge denied an appeal, when I asked. He said that could refer a complaint to a judge higher than him, a district judge but

JACUSTOMER-3xxaa4tv- :

said that I had to do this in 14 days. I thought as, he said all the evidence must be supplied again, that I could not do this.

JACUSTOMER-3xxaa4tv- :

I would have to review this evidence from myself carefully again to check if there is something incorrect, or that could sway

JACUSTOMER-3xxaa4tv- :

the balance. Someone on the internet claimed the agreement was invalid in the European court. I am not sure about this.

JACUSTOMER-3xxaa4tv- :

I am currently complaining to my MP. The court bundle was forwarded to my address, but not received in time as it was sent

Alex Watts : So your question of me is this - is the decision against your human rights?
JACUSTOMER-3xxaa4tv- :

on the Monday . Answering your question, it is possible. I entered an agreement in good faith, and 15.5 years later on AFTER

JACUSTOMER-3xxaa4tv- :

leaving university, I feel very wronged by the British government, as the leaflets did lead myself to believe that it would be

Alex Watts : Normally this would be covered by limitation act, but if you sign it as a deed this time error is extended. In any event if you ever acknowledged the debt the limitation clock resets and starts again.
Alex Watts : You have 2 options
JACUSTOMER-3xxaa4tv- :

fine. They have the right to sell on the debt, but, the delay in deferment processing caused delay, and this means that they

Alex Watts : A. Apply for a redetermination so you can make monthly installements, this is not an appeal but the court can ordrt you pay £x per month after supplying evidence on income and outgoing
Alex Watts : B. Appeal. You have 21 days to appeal. If it was refused by the Judge then you have to apply on the paper to a higher judge.
Alex Watts : For this you need to fill out a form and obtain a transcript from the court regarding the judgment be
Alex Watts : Judgment below.
Alex Watts : The higher judge can consider your appeal on the papers. If it is refused you can ask for an oral hearing.
Alex Watts : But yes they have the right to sell on the debt.
Alex Watts : If permission here is refused then you need to seek permission from the court of appeal.
Alex Watts : Can I clarify anything for you about this please?
JACUSTOMER-3xxaa4tv- :

The payment option is based only on my income, not my wife's as in the agreement. I do not want, and should not therefore have to agree to a payment plan. The other side took, and was timed out on most of the judges directions. The solicitors

JACUSTOMER-3xxaa4tv- :

acting for the Claimant even back dated the witness statement and this can be proved as I have the envelope and the letter

JACUSTOMER-3xxaa4tv- :

date contradicts the date on the statement. Despite this being pointed out due to the tightening up of the regulations for

JACUSTOMER-3xxaa4tv- :

filing, the judge did not bother. I also followed all directions ,and made all the dates given. Unfortunately, I was not aware

Alex Watts : None of this matters if you do not want to appeal, if you do not want to all you can do is ask for a redetermination and ask to pay monthly.
JACUSTOMER-3xxaa4tv- :

that I also had to file a witness statement, as no person had advised myself. I also was not sent the pre-trial checklist, and had to go to the court to ask for it. If I appeal, do I have to file all papers again, and any new evidence that I find, or correction of any evidence from the other party. Also, how much roughly is an appeal going to cost?

Alex Watts : Did you not get an order that stated that each party must file and serve witnesses of fact by x date?
Alex Watts : This would have been in the standard court directions.
JACUSTOMER-3xxaa4tv- :

What also is a redetermination, as I know not. Hope this is not too much too fast.

Alex Watts : I have already explained what a redetermination is above for I shall do this again - it is not an appeal it is a only asking the court to make monthly payments instead of one big one. The court will see what you can afford and make an award.
Alex Watts : If you appeal you will need to say on what grounds it was wrong, get a transcript, seek leave to appeal.
Alex Watts : You can not appeal on the merits it must be on one of the grounds I stated above.
JACUSTOMER-3xxaa4tv- :

Yes, but the solicitors missed every date, for the Claimant. They were very late, and I had then to work fast in the little time that I had. I did however manage to file everything eventually. The witness statement, as it became very involved.

Alex Watts : So I don't see what the relevance is about the witness statement then if you filed one?
JACUSTOMER-3xxaa4tv- :

So, the transcript that you are referring to is the judge's lengthy summation at the end of the trial?

Alex Watts : Yes. It is not free you have to pay for it
JACUSTOMER-3xxaa4tv- :

I am starting to understand, but kindly understand that I am not a lawyer, and I chose Medical Biology. Also, kindly note, that I appreciate your assistance, but, as I am speaking, the conversation is changing continually. It may be obvious to yourself, and

Alex Watts : Yes I understand.
JACUSTOMER-3xxaa4tv- :

I will review the points of appeal that you have said.

Alex Watts : Please do.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
JACUSTOMER-3xxaa4tv- :

I actually find you to be rude and you appear that you cannot wait to go. I find you personally to be patronising and I am not

JACUSTOMER-3xxaa4tv- :

impressed with this service.

Alex Watts : It is not that at all. I am at court so that is why I come in and out of chat. My aim is to provide you with all the information you need for the fee you have paid. As such I am happy to continue you are completely sataified.
Alex Watts : I would of course remind you that we have been in chat for almost 2 hours which I am sure you will agree represents most excellent value for money.
JACUSTOMER-3xxaa4tv- :


Alex Watts : I see.