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billywilder

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About billywilder

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  1. Old ones that I found going through the paperwork.
  2. 1.The Claimant claims 4540 for monies due from the defendant 2. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company. Each agreement had an individual account number as follows 3. The defendant failed to make payments as per the terms resulting in the agreement(s) being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s). 4.The debt was assigned to the Claimant on 22/11/2013 with a notice provided to the Defendant. A new master reference number gfjsdhgskjdfhskjdfhskj was also applied upon assignment. The Claimant has complied with the Pre Action Protocol for Debt Claims The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 & 2 are noted the Defendant has in the past had financial dealings with the original creditor - The Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt nor do I recognise the agreement numbers the claimant refers to .The Defendant has sought verification from the Claimant by way of a section 77 request which as to this date has failed to comply and remains in default. 2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment pursuant to the Law and Property Act 1925 section 136 (1). 3. On receipt of the claim, requests for information pursuant to CPR 31.14 were posted to the Claimant’s address on 3rd July 2019. To date the claimant is in default of my Section 78 request and their solicitors have yet to reply to my CPR request. 4. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed. 6. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief
  3. Reading through other similar defences it appears that the holding defence relies on having applied for paperwork and not having received it. I sent my CPR 31.14 yesterday and haven't sent a CCA request as I already sent one a few years ago to Erudio. Is it worth sending another CCA request now to make this defence more congruent or just leave it relient on the CPR 31.14 request?
  4. They appear to have tightened their act up. I have checked the claim form and they state the two individual account numbers from SLC and then group the totals together for the claim form. Anything else I can do?
  5. Anything that I should be doing in the interim?
  6. OK, let me know how you think I should proceed once you know. Thanks for all your help, it is much appreciated.
  7. Is it likely that there is a valid defence as I'd rather not just drag out the inevitable if not.
  8. Am I better just setting up a payment plan then rather than messing around with all this now?
  9. Because I messed up I cannot use the MCOL website to submit my AOS so have to download form N9B and fill it out manually and then email it to moneyclaim online at ccbcaq@justice.gov.uk. I rang them and it seems to be the only way round it as I have used the password for this claim in error and moneyclaim online said that they couldn't remedy it for me. What is my defence now? Previously from your post I had 1 The Claimants Claim was issued on 03 Jun 2009 2 The Claimant contends that the claimants claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitations Act 1980. If, which is denied, the claimant contends that the defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the claimant. 3 The Claimants claim to be entitled to payment of £4544.03 or any other sum, or relief of any kind is denied. I assume that this is not a valid defence now as the debt is not statute barred
  10. I have to fill out and email my aos and defence now. The Aos is done, the defence was filled out as per your last message regarding it being statute barred but it looks like I need to change that now. I haven't sent the defence yet. How should I proceed? I have CCA'd them previously so seems little point doing that again. I am just filing the CPR 31:14
  11. Thanks. that looks good. I just started responding on mcol and have stupidly signed in using my company registration rather than my individual gateway id. Is there a way to remedy that? It wont let me login to the using my individual account because it is now linked to my company account.
  12. Name of the Claimant ?Erudiot Student Loans Limited Date of issue – 03 Jun 2019 Date to aos = 21.6.19 date to submit defence = 5.7.19 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Claimant claims 4540 for monies due from the defendant 2. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company. Each agreement had an individual account number as follows 3. The defendant failed to make payments as per the terms resulting in the agreement(s) being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s). 4.The debt was assigned to the Claimant on 22/11/2013 with a notice provided to the Defendant. A new master reference number gfjsdhgskjdfhskjdfhskj was also applied upon assignment. The Claimant has complied with the Pre Action Protocol for Debt Claims Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I can find no record of it but could not say that it has not been sent I have all paperwork relating to the student loan together and cannot find it in there but have also been ignoring them for the past few years so couldn'rt say that conclusively I have not received it. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No Did you inform the claimant of your change of address?NA What is the total value of the claim?£4544 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have a Notice of Default from 2016 from Erudio which they appear to have not acted on but not any "Notice of Default Sums" I have "Notice of Sums in Arrears " from 2016. I may have received them for more recent years but don't have the records Why did you cease payments? I think I misunderstood my position. I thought that having been defaulted for the debt already I could not be defaulted again and so have had no contact with Erudio since. This means that I have made no payments nor have I deferred. What was the date of your last payment?NA Was there a dispute with the original creditor that remains unresolved? I was defaulted whilst receiving Incapacity Benefit but that has now left my file so is resolved as such Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No the answer to this is actually No from Noddle(Credit Karma) and Experian Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No And Equifax
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