Name the issuing court: Edinburgh Sheriff
Who Is The Claimant: Erudio Student Loans
Who Are the Solicitors: Shoosmiths
What type of action? (Simple/Ordinary): Simple
What is the claim for – [type out ALL the text [minus pers details] [D1 BOX SPR FORM]
The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between the claimants and Student Loans Company ("the Original Owner") dated 22/11/2013, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the respondent by way of a written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fell due.
type out ALL the text [minus pers details] [D4 BOX SPR FORM]
Please see D4 paper apart.
D4 paper apart
The said contract between the Original owner and the repondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 07/10/1999, and relates to a Student Loan agreement with account number xxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to income, to make payment of the sums due by way of consecutive monthly instalments. The said instalments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income earned over the said threshold amount. It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 25/10/2018 the respondent failed to make payment of a sum which had fallen due and the said account thereby entered into default. A default notice was issued to the respondent on 25/10/2018. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £xxxx.xx In terms of the Agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the claimant.
date of raised claim :- Unsure, but papers were printed on 01/04/19, served 10/04/19
Last Date Of Service:- 13/05/19
Last Date For Response:- 03/06/19
What Documents are listed in Box E2-
A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.
Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Mortgage style student loans x2
BOX D5 what has the claimant stated:
I want the court to order the respondent to pay me the sum of £xxxx.xx
When did you enter into the original agreement before or after 2007? 1999
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.:- Original Creditor (Student Loans Company) sold debt in 2013 to Erudio, who have issued claim.
Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so
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 believe so
When was you last payment:- Unsure if I have made any payments.
Why did you cease payments:- I have not made any as I earn under the repayment threshold so have not been due any monies.
Was there a dispute with the original creditor that remains unresolved? No.
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No