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About pencil

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  1. Why is it better to sit and wait for a PAP form? The outcome I want is to defer and have the arrears removed. The outcome I don't want is a CCJ.
  2. Erudio they refused my deferral in 2014 due to it not being on their DAF, took five years to provide a credit agreement, and have added arrears charges ever since. Do I complain to the FOS, and how much would a solicitor cost for advice?
  3. Sure this is SB in May, but I returned a PAP to them last year will that reset the clock? Also are they allowed to add arrears to a disputed debt?
  4. Drydens have come back with photocopy credit agreements. The date on one of the forms is totally illegible. I believe the loans may be statute barred in a couple of months. Should I send a SAR to determine the last deferment date?
  5. 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.
  6. Should I request a CCA again, and the SAR, they have already sent all the SAR paperwork, except any sign of a CCA agreement.
  7. 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 form, and if on the claim form what response shall I write in box 4 of the PAP?
  8. 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.'
  9. 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 Credit 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.
  10. 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.
  11. 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
  12. 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
  13. 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?
  14. I received a letter last week stating the account had been transferred to Drydens. I submitted a CCA request nearly 5 years ago by recorded delivery, which was never fulfilled, I later reminded them of it in a following letter, and I haven't spoken to them since. Could I bat away a CCJ claim on those grounds? Coincidentally, it has been almost 5 years since Erudo bought the loans and lots of people questioned the new terms.
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