Jump to content

erikborgo

Registered Users

Change your profile picture
  • Content Count

    58
  • Joined

  • Last visited

Community Reputation

1 Neutral

About erikborgo

  • Rank
    Basic Account Holder
  1. I can't make out the year of the fabricated agreement, it must be from 1990 when the rate of inflation was 7%. Student Loan APR was set at the rate of inflation, which wasn't 9.8% in 1990. Thanks dx, will wait and see.
  2. They must supply the original agreements or a good copy thereof. I can't read these and one of them has been augmented using a computer to strenthen the outline of the APR rate - 9.8 % and the box surrounding it (page 8 of the .pdf). I don't recall agreeing to an APR so high. I sent The Student Loan Company a SAR in 2011 and they supplied one signed agreement: three copies of the same agreement. They were also unreadable. It didn't include the agreement with 9.8% APR.
  3. Those are my sigs. The "Generic" agreement doesn't appear to correspond to the pixellated "Originals", in the first Definitions section for instance (top left of the fine print, page 9 on the .pdf) there is a different number of paragraphs in "Definitions": three in the "Original" and four in the supplied "Generic". I can only comment on the general shape of paragraphs. I can't read the wording.
  4. Erudio have replied, please see letter in PDF. They say they have sent copies of the original agreements but they are of very low quality. I can't read the small print beause it's so unclear and on one page (page 8 of the pdf) they have typed in 9.8% APR using a computer, it really stands out because the rest of the page is illegible and they've also drawn the outline of the box around it. Are they allowed to do that? Page 9 in particular is completely illegible. There is also a letter from the Court (page 10 of the pdf). There's been no response to the CPR request I sent to Drydens. Should I ask for better copies of these agreements? I certainly don't recall agreeing to a 9.8% APR Student Loan. These don't appear to be true copies of the credit agreements. These are not legible or "True" representations of the originals, "True" in the sense of visual accuracy. Erudio have lumped in a "Generic" Terms and Conditions without showing me the original Terms and Conditions they claim I signed up to! By giving me such illegible copies are they not falling foul of: The Consumer Protection from Unfair Trading Regulations 2008 Misleading omissions 6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)— (a)the commercial practice omits material information, (b)the commercial practice hides material information, (Me grasping at straws again) Could this mean they don't have the originals? The quality of these prints is so bad they look like very old FAX printouts, then photocopied and in one case at least, scanned and manipulated on a computer. student loan agreements and court letter.pdf
  5. Submitted today because my computer is on the fritz. Will post up their responses.
  6. dx has been helping me construct a defence, unless anyone else can see omission or error, I'll submit the following: _________________________ _________________________ _________________________ _________ 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 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information. 2. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant 3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer credit Act 1974. 8. 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. _________________________ _________________________ _________________________ _________________________ _______
  7. I was going to fill in the form with my earnings and let the Court decide a repayment, the law is something I know little about, glad CAG is there.
  8. This whole Erudio affair is stressful so I'm keen to get this out the way but will wait for more eyes on it. Almost submitted it just now!
  9. Civil Law is a mysterious beast indeed...Cor this whole Law thing is like verbal mathematics! Do they let you sleep? Glad of your help DX, will log into MCOL and submit this tomorrow.
  10. The above is about their not supplying paperwork? 82A Assignment of rights (1)Where rights of a creditor under a regulated consumer credit agreement are assigned to a third party, the assignee must arrange for notice of the assignment to be given to the debtor— (a)as soon as reasonably possible, or (b)if, after the assignment, the arrangements for servicing the credit under the agreement do not change as far as the debtor is concerned, on or before the first occasion that they do. (2)This section does not apply to an agreement secured on land.] Cheers: This my defence, will submit this tomorrow unless you can see any problems: _________________________ _________________________ _________________________ _________ 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 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information. 2. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant 3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer credit Act 1974. 8. 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. _________________________ _________________________ _________________________ _________________________ _______
  11. This my defence, will submit this tomorrow unless you can see any problems: ____________________________________________________________________________________ 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. Paragraph 1 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information. 3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant 4. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request. 7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as 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 82 A of the consumer credit Act 1974. 9. 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. ___________________________________________________________________________________________________________ About this bit: 8. On the alternative, as 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 82 A of the consumer credit Act 1974. The Claimant is Erudio, purchasers of the debt originally issued by the Student Loans Company... does the purchase make Erudio the assignee? Am I denying Erudio have a claim whatsoever? Wish I knew how Law works.
  12. Thanks that looks great! 1.Should I include the bit about interest, I want to know how much of the claim is interest or other charges: "As per Civil Procedure Rule 16.4. Neither the Claimant nor DRYSDEN LIMITED have provided any documentation regarding interest or provided any details regarding interest or other charges." 2.For Student Loans, should this be 77? Sorry, like I said I'm no legal eagle. 3.If I accept Paragraph 1, ie: 1. The claim is for the sum of £2631.29 in respect of the monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number XXXXXXXXXX upon which the defendant failed to maintain payments. Does that mean I accept the sum requested? I want to be certain there are no letter charges -they used to charge £10 a letter, then £20 for a letter from the Student Loans Company.
  13. Here's what's on the claim form: 1. The claim is for the sum of £2631.29 in respect of the monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number XXXXXXXXXX upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from the Student Loans Company to the claimant, and the defendant has been notified of the assignment by letter. I have to respond to each point of the claim. So how about this? ----------------------------------------------------------------------- 1. The claim is for £2631.29. I sent Erudio a request for a copy of the credit agreement under the consumer credit Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017. I received a letter from Erudio on the 10th April 2017 stating they will supply the credit agreement within 40 days. I have not yet received a copy of the credit agreement. 2. I sent Drysden a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. Drysden Ltd has not acknowledged the request. Drysden has not yet supplied the document for inspection. 3. I have not received the change of assignment by letter. ------------------------------------------------------------------------- Regarding point 3. I can't find a letter saying Erudio has been assigned the balance owed by the Students Loans Company. I don't think I received this. They may have sent a letter but I don't think I've received it. Will it cause problems if I they maintain I have? Do I have to explicitly request a delay or will they do this anyway because the documentation has not been received? The SB's gone, I'll have to pay most of this but would like to delay it as long as possible. Added points 5 and 6: --------------------------------------------------------------------- 1. The Defendant sent the Claimant a request for a copy of the credit agreement under the consumer credit Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017. The Defendant received a letter from Claimant on the 10th April 2017 stating they will supply the credit agreement within 40 days. The Defendant not yet received a copy of the credit agreement, therefore The Defendant is unable to fully defend this claim. 2. The Defendant sent DRYDENS LIMITED a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. DRYDENS LIMITED has not acknowledged the request. DRYDENS LIMITED has not yet supplied the document for inspection, therefore The Defendant is unable to fully defend this claim. 3. The Defendant has not received the change of assignment by letter. 4. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © 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 prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ------------------------------------------------------------------------------------------------------------ Does this look okay? --------------------------------------------------------------------- 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. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of the credit agreement. The Defendant sent the Claimant a request for a copy of the credit agreement under the consumer credit Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017. The Defendant received a letter from Claimant on the 10th April 2017 stating they will supply the credit agreement within 40 days. The Defendant not yet received a copy of the credit agreement, therefore the Defendant is unable to fully defend this claim. 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. The Defendant sent DRYDENS LIMITED a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. DRYDENS LIMITED has not acknowledged the request. DRYDENS LIMITED has not yet supplied the document for inspection, therefore the Defendant is unable to fully defend this claim. 4. Paragraph 3 is denied as The Defendant maintains that a default notice was never received. Paragraph 3 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. The Defendant has not received the change of assignment by letter. 5. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ------------------------------------------------------------------------------------------------------------ Thanks for your help with this. Latest version: --------------------------------------------------------------------- 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. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of the credit agreement. The Defendant sent the Claimant a request for a copy of the credit agreement under the consumer crediticon Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017. The Defendant received a lettericon from Claimant on the 10th April 2017 stating they will supply the credit agreement within 40 days. The Defendant not yet received a copy of the credit agreement for inspection, therefore the Defendant is unable to fully defend this claim. 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. The Defendant sent DRYDENS LIMITED a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. DRYDENS LIMITED has not acknowledged the request. DRYDENS LIMITED has not yet supplied the document for inspection, therefore the Defendant is unable to fully defend this claim. 4. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant. 5. Paragraph 3 is denied. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. The Defendant has not received the change of assignment by letter. 6. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. 8. As per Civil Procedure Rule 16.4. Neither the Claimant nor DRYSDEN LIMITED have provided any documentation regarding interest or provided any details regarding interest or other charges. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ------------------------------------------------------------------------------------------------------------
  14. Oh no! Thanks for hiding my name. There goes my cover! Do I need to request a delay?
  15. Dryden haven't replied yet to the CPR request. Erudio sent me the a letter (see PDF). I'm totally in the dark about writing a defence. Do I simply state that I have sent a CPR 31.14 and a CCA and have not received the information?
×
×
  • Create New...