Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

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

    No CCA = NO PAY.


  2. #22
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    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 Requesticon 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 Requesticon.
    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?

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  3. #23

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    you indicate an offer of settlement
    do you mean a discount letter? if so lets see it in PDFicon read uploadicon.
    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 claimicon
    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


  4. #24
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    Default

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

    Here is the letter with the dates.

    Attached Files Attached Files

  5. #25
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    Default Re:  Erudio - no CAA no default - discount offer - now PAP Letter

    I have received a letter of claimicon, 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 formicon – 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?
    mortgageicon 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 lettericon 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 lettericon 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 managementicon planicon?
    No


  6. #26

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    as have numerous people in this forum.

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


  7. #27
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    Should I request a CCA agreement again in the reply form, or refer them to my request for one in 2014? This is the reason the debt is in dispute in the first place.


  8. #28
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    This is my response, should I add or leave anything out please?

    On 15th April 2014 I made a formal request for a true signed agreement for the account under the consumer crediticon Act 1974 (CCA1974) s.78. You failed to comply with my request, and as such, the account entered default in early May 2014.

    The document that you’re obliged to send me is a true copy of the executed agreement containing all of the prescribed terms, all other required terms and statutory notices, and was signed by both your company and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you’re obliged to send me a copy of that document.

    Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before it enters into a default situation. This limit has expired.

    As you are no doubt aware, section 77(6) states:

    If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.



  9. #29

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    Nope. Dont tell them they havent supplied a compliant agreement. You use that as part of a defence in court. They KNOW they havent complied, but they dont care. They think continued harassment and threats will cause you to buckle. Have a read around this site. There are plenty of threads which advise what response to give when you receive a PaP letter.


  10. #30

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    as post 26!!


  11. #31
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    So, I have read through the PAP threads. There have been no CCA agreements forthcoming since requested 5 1/2 years ago, so I will tick box 4 of the pap with the explanation: 'I dispute this debt because the debt purchaser has yet to provide any or all of the required documentation.'


  12. #32

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    don't put that no.

    cause if they come up with the paperwork..you are stuffed.

    let me review this later.


  13. #33
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    If they come up with the paperwork they come up with the paperwork. I need to send this PAP back soon. Shall I request the CCA agreements again on the PAP or just say they have not been supplied on the claim formicon, and if on the claim form what response shall I write in box 4 of the PAP?


  14. #34

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    you haven't got a claimformicon!
    you've a pap letter and a response pack.
    but you don't use that either.

    reason: I have never earned over the required threshold & have regularly deferred the loan. the claimant has never supplied the required signed agreement despite past CCA requests.

    follow post 4 here...use OUR attachment ..... NOT the one in their PAP pack.

    https://www.consumeractiongroup.co.u....-1st-Oct-2017


  15. #35
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    Should I request a CCA again, and the SARicon, they have already sent all the SAR paperwork, except any sign of a CCA agreement.


  16. #36

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    cca was 4yrs ago.

    not sure where our pap instructions tell you to SARicon…….


  17. #37
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    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    Update. I sent the PAP back, and the response was, they were passing it back to the client. It has been at least four weeks since I sent the PAP back, and I haven't heard anything else since.


  18. #38

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    what a shame for them...


  19. #39

    Default Re: Erudio - no CAA no default - discount offer - now PAP Letter

    Quote Originally Posted by pencil View Post
    Update. I sent the PAP back, and the response was, they were passing it back to the client. It has been at least four weeks since I sent the PAP back, and I haven't heard anything else since.
    Yep. because they wanted an easy win, and they know they have absolutely zero chance of winning anything.


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