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Nurselayer

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  1. Name of the Claimant ? Erudio Student Loans Ltd Date of issue – 9th Jan 2020 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claimant claims £10,100 for monies due from the defendant 2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows XXX XXX XXX XXX 3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements. 4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX was also applied upon assignment 5. The claimant has complied with the Pre Action Protocol for Debt claims. What is the total value of the claim? £10,100 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent to my home address Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form. I did notify The Student Loans Company Ltd about my address change though. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans When did you enter into the original agreement before or after April 2007 ? Before. Do you recall how you entered into the agreement...On line /In branch/By post ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive. 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. It says that the debt was assigned. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment Did you receive a Default Notice from the original creditor? Not to my knowledge Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not that I remember Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them. What was the date of your last payment? I've never paid Was there a dispute with the original creditor that remains unresolved? Not to my knowledge Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address. I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.
  2. Ok, so just to be sure I fill in all my details on the N180 including my phone number and email address and sent that both to the court and Howard Cohen and Co? What's to stop them then putting that information on file or sharing it with other companies? Or will they not do that? I agree to Small Claims Mediation I fill in all my details I agree it should be small claims. I ask for my local County Court. I don't need an expert. I am the only witness I put in unavailable dates. I sign the form. I send it to the court and Hoist's lawyers by recorded delivery. Is that all right? I did search on N180 but it comes up with '00's of threads where it just says "search on N180". As always, your advice is hugely appreciated.
  3. On MCOL it says - Your defence was submitted on 09/12/2019 at 20:03:59 Your defence was received on 10/12/2019 at 08:06:06 DQ sent to you on 09/01/2020 I don't know what DQ stands for? And I've not received it as yet.
  4. On MCOL it says - Your defence was submitted on 09/12/2019 at 20:03:59 Your defence was received on 10/12/2019 at 08:06:06 DQ sent to you on 09/01/2020
  5. I haven't heard anything from Cohen or the court yet. Is there someway I can contact the court to find out the state of things?
  6. Congratulations Micky. And thank you for your help on my case too. I have been following yours closely and am very much heartened by your outcome.
  7. Hi folks, I submitted my defence and have now had a response from Cohen and Co. They have attached printouts of copy statements purportedly from Barclaycard from April 2010 to April 2015. From the looks of them the last payment made on these statements was August 2014. They have also sent a notice of Assignment from Barclaycard dated November 2015 telling me that it has been assigned to Hoist in October 2015, and then a letter from Hoist saying that they bought the debt in October 2015, and that letter is dated November 2015. Bear in mind that according to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015. But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015. There is no letter of default in the pack. The letter from Cohen and Co. does offer the chance to avoid further court action by allowing me the opportunity to repay the debt in instalments. Also, on the statements there seem to be a number of Late payment fees and Returned DD fees. Advice please.
  8. Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
  9. There doesn't seem to be any default date given specifically. According to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015. But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015. Should there be something that says when this was officially defaulted? Also, does the above defence look ok?
  10. Interestingly I've just had another alert on my Clear Score report: Upcoming Updates A new credit or store card will be added to your January report. Organisation Name: BAIA0090 Account Number: ****9048 Company Type: finance house What does this mean? This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. If you apply for credit now, lenders will see this update on your Equifax credit report. Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are. I've not seen any new notice of assignement or anything.
  11. Particulars of Claim (for Reference - not to be submitted with defence) What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx 2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence 1.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. 2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard in the past I cannot recall the specifics of the alleged agreement. 4.Paragraph 2 is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim . 5. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 6. It is denied that any amounts are due under any agreement. 7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019. To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information . 8.Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 10. On the alternative, if the Claimant is 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 crediticon Act 1974.6. 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. (Defence mainly taken straight from Micky the Hippo's similar defence)
  12. Just had a Clear Score update which says: A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
  13. because they haven't fulfilled the law regarding the CCA, do I complain to someone or just bring it up when it goes to court?
  14. Hi folks, So I've had a response from Robinson Way to my CCA request - even though my CCA request was sent to Hoist Finance, not Robinson Way. (see attached.) I'm confused, as far as I understand they seem to be saying that seeing as it's going to court they aren't going to give me the documents I've asked for. They've also returned my £1 fee. What do I do about this? Robinson Way Response CCA request Anon.pdf
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