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consumeractionmonkey23

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  1. As advised, I filed on MCOL that the debt is statute barred. I have had an acknowledgement from the court and now further correspondence from drydens fairfax stating: The Notice of Default was sent to you on xx September 2017 and our client has 6 years from this date (the last action accrued) to recover the outstanding balance. The limitation defence which you have filed is therefore, without merit. They go on to request I settle the matter without need for further legal action and request payment by the end of the month (or a repayment arrangement). They say in the event of not hearing back from me they will apply to the court to lift the stay on the proceedings, noting that it is likely that any such application will include an 'Application for Summary Judgment, given the evidence which has now been provided to you in support of our client's claim'. They go on to say this is likely to mean further costs will be incurred. (They include a statement of account showing payments upto February 2014 and a Notice of Default, dated 2017). Please advise what my next steps should be. Many thanks.
  2. Name of the Claimant ? Erudio Student Loans Limited Date of issue –. 14 Dec 2020 Date to acknowledge) = 2/1/21 Date to submit defence = 15/1/21 Particulars of Claim What is the claim for – the reason they have issued the claim? 1 The Claimant claims £4000 for monies due from the Defendant 2 This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited. 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 00000000 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? £4000 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No, but they do have current address 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 Do you recall how you entered into the agreement...On line /In branch/By post ? By post 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? Not from student loans company, but from Erudio Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No, not from Erudio Why did you cease payments? Not recognising the sale of the student loan to Erudio, as Erudio tried to assign themselves additional rights unlawfully What was the date of your last payment? I made voluntary manual payments. There was not a direct debit set up. My records from Student Loans Company show last payment as August 2011. Erudio records show February 2014. Unsure if this discrepancy is significant. 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 What you need to do now. Answer the questions above If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) ALREADY SENT AND INFO RECEIVED
  3. Thanks for such a quick response. Can I just confirm what date I should be using here: 1 The Claimant's claim was issued on (insert date)? Is this the date of their first letter of claim? (June 2019?) or a different date?
  4. Hi, I need further help please. Following on from my previous descriptions above, the following has occurred: 17 Dec 2019 Letter received from Drydens Fairfax along with copy of credit agreement, statements of account, notice of default etc. The letter also stated "Please note that we are still awaiting further documentation in relation to this account therefore the account will remain on hold and we will contact you as soon as a response is received from our client." (No other information has followed to date, nor an acknowledgement that the account was said to be on hold.) The letter stated an apology for the delay in providing the information. Is this significant if they did not return this information within the statutory time limit after my request nearly 6 months before? To note: in the statements of account, it shows payments made to Student Loans Company up until 21st February 2014. My own records show payments up until 16th August 2011, however I do not seem to have the records for 2013-14 payments. I know my last contact with Student Loans Company was in 2013 to defer the loan until April 2014. I have never contacted Erudio and admitted the debt, nor made any payments direct to them. Jan 2020 Statute barred letter sent. This was not sent recorded delivery and I have never had any acknowledgement of its receipt which makes me worry it was not received. 15 Oct 2020 Letter from Drydens Fairfax stating that they were recommencing action following suspension during period of lockdown. I did not send a response to this letter (which I realise now was probably an error). 11 Dec 2020 Letter from Drydens Fairfax stating that a County Court Claim has been issued. 14 Dec 2020 County Court Claim Form issued. It states the debt was assigned to the Claimant (Erudio) on 22/11/2013, however as far as I was aware, the transfer of debt between Student Loans Company and Erudio took place on 1/3/2014. Not sure if this is significant? I have sent an acknowledgement of service form to the County Court requesting an extension to 28 days. This was sent signed for and was received within the 14 days required. I assume I now need to send a defence to the court and would appreciate advice on what it should contain. Thanks in advance.
  5. Thank you DX100UK. I sent the forum's reply pack and a formal request for a copy of the signed credit agreement and enclosed the postal order on the 27/JUN/2019. I sent the formal request direct to Erudio and a copy of the formal request to Drydens along with the reply pack. In it I stated that the debt was statue barred. I received no reply as yet. However on the 09/JUL/2019 I received another letter of claim which appears to be an exact copy of the initial one (which again states I have 30 days to respond). How should I deal with this in your opinion? Do I reply again as before including a second postal order or ignore it or something else?
  6. Thanks for your prompt reply DX100UK. I have a complaint letter received following a phone call with SLC it is dated after all documents were sent to Erudio. It states that my last deferment was accepted on the 08/JUL/2013 and was due to expire on 01/APR/2014. Deferment documents had already been sent before the transfer and I was concerned that I had completed these and sent them to SLC. I was worried that although received by SLC and not accepted by them that that deferment had been forwarded to Erudio. I rang SLC as you suggested. They were helpful and confirmed that the last deferment accepted was 2013 - 2014 and that they never received and thus didn't forward the 2014 - 2015 deferment to Erudio. So if they are to be believed and I didn't do something stupid and forward the SLC form to Erudio directly then the last official contact is 08/JUL/2013 thus it will become statue barred on 08/JUL/2019?
  7. I have received notification from Erudio of their account transfer to a new agency, namely their solicitor Drydens Fairfax (dated 19/SEP/2018). Following this I waited to hear from Drydens and nothing came. They have now sent a duplicate of their notification with all the same account details (this one dated 31/MAY/2019). This was time it was subsequently followed by a letter from Drydens Fairfax Solicitors (dated 03/JUN/2019), they suggest this is a "Letter of Claim" claiming an Outstanding amount of nearly £4k. They include what appears to be an unbranded statement of account for 17/SEP/2018 which lists 4 credits to the account which they describe as interest, yet in the headers it shows Total Credits (~£300) and Total Interest as (~£200). I completed deferments from loan inception in 1995 until the loan was sold from SLC to Erudio. I didn't complete the new deferment forms as they conferred extra rights. I had sent deferment for 2013 - 2014 to SLC and I was adviced after this that my file and all correspondence including the deferment would have been sent following this deferment to Erudio. Thus I didn't complete the deferment that Erudio sent. I am unsure if I completed 2014 - 2015 before the transfer and this would appear significant in terms of Statute Barring. I had made a complaint against SLC however I believe this was after the file had been transferred and thus I don't believe Erudio have this. Looking back through my records Erudio sent a default notice on the 2/FEB/2016. I have never sent anything to Erudio. SLC did not have my bank details and I'd made voluntary payments back in 2009 but nothing since. Looking at the historic repayment thresholds I have always been under the income limits. I don't know if it's relevant but following Erudio's takeover I received nothing but the original notification of take over and a deferment form. As I explained above I had just deferred with SLC and thus this was ignored. I received a Remedy of Account notice indicating that they are required to send notices to their customers to inform them of the status of their account. They list the take over date as 01/MAR/2014 and suggest that they hadn't sent the statutory notices that they were supposed to and they had now been enclosed with the letter. They suggest they haven't charged interest whilst the CCA communications have been outstanding on the account and that interest will continue with effect of 01/DEC/2015. The letter also suggests an arrears amount of ~£1500. Interestingly the Drydens letter states that they took over the account in NOV/2013 and that my loan relates to `1996. How should I proceed which templates do I send and to whom? I haven't replied to their Letter of Claim or completed the enclosed form. I assume doing so is ill advised. They suggest I have 30 days to respond to the letter (03/JUN/2019). I have been hesitant to put exact figures in case they haunt the forums which given everything I've heard wouldn't surprise me. P.S. Thank you for being here and for doing the sterling work that you do! You are very very much appreciated.
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