..

I sent off a CCA request six months ago which has not been provided, the account is in dispute,

i have been receiving 'arrears' letters since.

My question is,

would it help to send back the latest arrears letter with a "No contract. Return to sender" label,

or sit on my hands?

Thanks

Pencil.

please tell us the full story as to why you sent a cca request

Hi,

I have a DCA bothering me about a loan.

I asked for a copy of the alleged CCA agreement over a year ago,

gave the DCA multiple opportunities to provide it, and it still has not surfaced.

This week I received a 'Notice of Default' for 28 days hence.

How should I respond?

Thanks in advance for the advice.

DCA cant issue a default if they own the debt. If they dont own it and are trying to pressure on behalf of a company then the OC can add one.

Can you give more info please.

I think there is at least one debt purchaser (Lowell) http://fca-consumer-credit-interim.force.com/CS_RegisterSearchPageNew

who is licensed to operate live accounts in which case they would be able to issue a S87 DN or indeed a notice to place a default.

Which they have never done.

Because, as far as I am aware , most did not have the facility before. However just because they have not done it doesn't mean they can't.

If you look at the FCA register Cabot are the same now.

To be honest, for them it makes perfect sense, removes the time and trouble when a creditor doesn't default correctly. They can just fix it.

Not saying I like it or agree with it.

The loan was one of 250,000 sold off cheap by the government.

Erudio Default Notice.pdf

aha its ruddy erudio and an slc loan.

Can anyone help with this?

I've moved you into the slc forum

loads of like threads to read

but you really need to give us the full history.

in this instance

its not the same as a dca

although erudio are arrows in sheeps clothing...

its actually acting as a creditor so they can default you

however the history will tell us all

Can anyone offer me advice about this issue?

When Erudio first contacted me in 2014 I refused to fill in their new credit form, and asked to see the credit agreement, which they have not provided.

After a number of months I wrote back stating the account is in dispute,

that was almost five years ago.

I have received a few 'notice of default' letters since then but my credit score remains in the high 900s.

Last week it was passed to an inhouse DCA.

I received a number of missed mobile phone calls and they have also asked for information about my situation by post which I have not responded to.

My question is what is the likely chronology of approach by the DCA

and how should I proceed,

do I have to respond to their advances,

and if so,

how and when?

Thank you in advance.

who is the dca, has it now been defaulted

some of your background on this? https://www.consumeractiongroup.co.uk/forum/showthread.php?465446-Notice-of-Default-with-no-CCA-agreement-Erudio-amp-SLC-Loan&p=4909829#post4909829

More info needed.

Years you took out loans.

Deferment years completed.

Repayments made.

Are earnings above the threshold for repayment or have they ever been ?

People are being taken to court now, so don't presume it won't happen, if you ignored them.

Depends on the info needed above.

Erudio are arrows are capquest

They failed the CCA

The debt is unenforceable

You ignore them

Unless/until you get a letter of claim

Or

A claim form

And they can't make it appear on your credit file either

Thanks for your responses

when was that CCA request and to whom?

is this showing on your credit file?

So what's all this about erudio failing the CCA and the debts not being enforceable?

Time to go read up

This is an old drawn out post? NINE YEARS!!!

No CCA = NO PAY.

This week I too received a PAP from Fairfax.

It's been 5 1/2 years since I last deferred and acknowledged the debt

4 1/2 years since Erudio contacted me in 2014 to say they were managing my student loan and asked me to complete their form, which apparently would have amounted to a new contract with them, so I did not.

At the time I sent a CCA request by recorded delivery which has still not been provided, therefore the debt is in dispute I believe. I

replied to them a further two times during 2014 and simply reminded them of the CCA request.

I have not responded to them since.

In the four years since I have received

a default notice for 2016,

a letter of termination,

a letter apologising for missed statutory notices,

a letter saying capquest would manage the loan with an offer of settlement, and

now the letter stating it has been passed to Drydens and the PAP.

I intend to dispute the claim on the basis my CCA request of 2014 has not been fulfilled and therefore the debt is in dispute.

Is that satisfactory?

Is there a template I can use to craft my response to the PAP?

you indicate an offer of settlement

do you mean a discount letter? if so lets see it in PDF read upload.

this is an important step I've been awaiting regarding disputed SLC loans.

yes there is a PAP temple, but we need to do one to emcompass student loans , I would feel better its customised somewhat

but its in the financial legal forum stickies.

dont reply yet please

and if I were to be honest, for future readers, i'd not even suggest replying to any other letters once a CCA fails, unless its a PAP letter of claim

OR

YOU HAVE MOVED and not informed the owner of your SLC debt of you new address IN WRITING.

do ever NOT assume that just because you get a phishing letter to where you are now they KNOW your correct address

its normally a pre-cursor to them instigating a backdoor claim to an old address hoping to get a default CCJ you know nowt about.

these APPEAR to be the only ones that are going anywhere near to a court at this stage in the erudio portfolio debacle

so don't fall foul of them as they WILL get a CCJ if they think they can file to an old address

dx

It was indeed an offer of discount, for 30%, with two weeks to reply.

Here is the letter with the dates.

Capquest-Erudio-Discount-Letter.pdf

I have received a letter of claim, which I believe is a PAP. I have ticked box 4 'I Dispute the Debt' and will explain on a separate page. A few questions, what should I say on the letter, should I enclose copy letters and do I need to sign the form?

Name of the Claimant ?

Drydens Fairfax solicitors

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

22nd October 2018

Particulars of Claim

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

-The amount owed is £9357.40 and no charges/interest are being added at this stage

-A statement of account is attached

-The agreement this debt relates to was entered between you and Student Loans Company on 12 June 1997 and assigned to Erudio Student Loans Limited on [no date] . A copy of the agreement can be requested using the reply form.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

No

What is the total value of the claim?

£9357.40

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

Mortgage style student loan

When did you enter into the original agreement before or after April 2007 ?

Before

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

No

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Originally with Student Loans Company, sold to Erudio, Passed to Capquest, and then to Dryden Fairfax.

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I received a notice of assignment from SLC to Eurdio.

Did you receive a Default Notice from the original creditor?

No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No, a letter of termination and two 'default' letters [no default on credit file] were received during 2016, and in 2018 I received a letter apologizing that no statutory notices had been sent out since the period of non-compliance started, which the letter states was 15 Dec 2017.

Why did you cease payments?

When the account was sold to Erudio in April 2014, I asked for copies of the credit agreements under CCA rules, which have not been forthcoming. I received a letter from their legal council in April 2014, and a duplicate letter in Dec 2014, stating they are 'investigating the matters raised and will be in contact in due course'. As far as I am concerned the debt is in dispute.

What was the date of your last payment?

I last deferred in April 2013.

Was there a dispute with the original creditor that remains unresolved?

As above, I requested copy agreements under the CCA as soon as it was sold to Erudio.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon?

No

as have numerous people in this forum.

just look for the threads with drydens PAP letter in the title follow those.