Have I returned back to the deferment process if i am not able to get the debt sb and so should be filling the forms etc? I was mostly trying to ignore them.

Hello again.

I just received this and need to know if I need to respond.

It implies that they are looking to lift the stay if they can. Possibly because I last deferred in 2016 and so the debt will become statute barred this year potentially?

Happy to be corrected if I'm wrong. 

Because I messed up and logged into the mcol claim with the wrong account before my previous defence. I need to do more research to follow it up and check on its status. 

Any advice greatly appreciated.

The letter from Drydens

2023-02-23 Drydens discount-begging letter.pdf

Hi, 

I had a pretty expensive run in court with my ex over access to my kids. It is pretty much resolved now but I am disputing the costs of the solicitor as they are so high.

A quick summary of my issues are that although they detailed that they would carry out cost benefit analysis with me throughout that was not the case. I paid 9k or so up to the month of the court case and then had another 9k bill the next month. I am disputing the second bill. 

Partly through no cost benefit analysis being carried out. Partly through costing being ambiguous, due to vat/disbursements not being made clear which the legal ombudsman specifically highlights as an issue that solicitors must comply with. Partly through mismanagement of costs in my opinion as they spent time on certain things that were no starters and instructed one barrister who only attended court to say that there wasn't enough time to complete what was required and it was put back. That cost me £1700. 

The legal ombudsman's guidelines state that the costing must be transparent in all cases and I feel that mine were not. 

I have passed it to the legal ombudsman's a year ago but they have a large backlog it seems. There is a chance that they won't even want to pursue my case. 

The solicitors have issued small claims proceedings. They recently offered me 6800 to settle.

I was going to offer 2800.

I think if I settle then I have to withdraw the legal ombudsman case. Happy to be corrected 

If I want to see it through I need to know how the costs work if I lose. 

If I lose I have to pay their legal costs I think. That would be more than I have. Would I be able to set it up under a payment plan? Would I be charged interest for the time it took me to pay. Would I be defaulted?

My understanding is that if the ombudsman found in my favour then the solicitors would have to pay back whatever the ombudsman deemed to be fair. I would have to pay what they feel.is owed first to then recover it. 

Does anyone know of someone who could advise me as to my likelihood of winning the case or how best to proceed? 

Thanks Jon

Just sent, Thanks for your help

Old ones that I found going through the paperwork. 

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

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?

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?

OK, let me know how you think I should proceed once you know.

Thanks for all your help, it is much appreciated.

Anything that I should be doing in the interim?

Is it likely that there is a valid defence as I'd rather not just drag out the inevitable if not. 

Am I better just setting up a payment plan then rather than messing around with all this now?

2017 2018 yes 

What's a holding defense?

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 [email protected].

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 2019

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

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

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.

Can I assume that the claim is statute barred because it doesn't show up on my credit file?

Name of the Claimant ?Erudio 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 xxxj 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

February 2013

Please accept my apologies.

My memory of the situation was wrong.

 I have just been through my paperwork and I did indeed last defer in February 2014 until February 2015 with the Student Loans Company.

The loan was then taken up by Erudio. 

I haven't paid anything or deferred since, partly because as I understood it having been defaulted already I could not be defaulted again,

Should I still be applying for deferment each year?

Never paid anything to them, 

Last deferal would have been at least 10 years ago 

Hi,

I previously posted a topic

which the conclusion became that because I have been defaulted already on my student loan several years ago there is nothing that they can do to chase the money.

I have now received a Claim form from Erudio and Drydens via the County Court this morning claiming that I owe the original amount.

And a letter from Drydens 

I will edit scans of the documents and upload them if required

I should like to know how to proceed please.

Thanks all for the advice. I will ring them today and send confirmation of the situation.

I recently received an ASKMID letter informing me that my van was uninsured.

It was news to me as I thought the conversation I had with the insurance company last year had resulted in it being renewed.

Looking for a certificate and ringing them to confirm means that I have not been insured from September to January.

I do not believe in being uninsured and had not intended to be uninsured so remedied straight away.

When I sent proof of no claims into the new insurance company they have picked up the fact that i was not insured from September to January and want to know the reason why.

I have ignored their previous requests as I did not see it as relevant.

They have now sent me a notice of cancellation if I don't give them the information.

Can they just cancel my policy for this? Under what grounds?

What would be the best way to respond to them?

What is the implication of having the gap,

are they likely to see me as more of a liability as someone who hasn't had insurance for a while.

Does it mean my no claims is not valid and starts from scratch?

The van that is insured with them is actually broken now so I can

1) cancel the policy and then take out a new one when I need one.

2) give them the information, keep the policy and transfer it when I get a new van

Any help gratefully received

Thanks

Not sure I understand.

anyone can point me in the right direction.

Thanks

Cancel agreement 4.7.16 .pdf

Can anyone help me as to whether the last letter from Erudio means anything to my situation?

Thanks

Jon