PercyPercy
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Everything posted by PercyPercy
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I do hope no one falls for it. Quite. I do hope no one falls for it!
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Drydens Fairfax Nov 2020 redacted.pdf I received the above letter last week. More threats to lift the stay, and a Financial Statement to complete. Given the similarity in nature to the last letter, and your previous comments DX, I'm not feeling anxious about it, and will file it. Does seem particularly rotten to be sending these sorts of letters out to people just before Christmas in a year which has been especially hard on pretty much everyone. Thank you Percy
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Thank you
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I'd be at the 25 year mark for my first year loan, and then the subsequent ones over the next two years. Thanks for your insight. xx
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Thank you for giving this your attention DX, that's reassuring to hear given the quip about an Application for Summary Judgement! In your experience, would never earning above the threshold count for enough if it did go to court?
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Hi, After a long period of inactivity I received the attached letter from Drydens Fairfax (I had a letter from them back in September informing me they had taken the case on from Shoosmiths - can attach if helpful) I've read other posts around this (seems something similar happened to chilly79) and my understanding is that this is safe to sit on until/unless I actually hear from the courts that the stay has been lifted. If there is anything that would be useful to do instead of just sitting on my hands though, please let me know! Best wishes, Percy Drydens_Fairfax_Jan_2020.pdf
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Hi there, Its been quiet on the Erudio front, a short while ago, I received 3 separate letters from Erudio notifying me of my arrears. One for each of my three loans. I've attached copies of the letters (all the same) and a copy of the insert that was with each them in one PDF for your information. Nothing from the Small Claims Court, so haven't done anything, beyond posting here. Wondering if its useful to post this sort of stuff (don't want to waste your time) or only if it looks like action might be resumed. Best wishes, NOA0419 v2.pdf
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Thanks DX, that's good to know. Will have a good read of the other posts tonight! Best for now, P
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That's a good thing, yes? The way I've just read it I'm not so sure! :| Ps. Thanks again for getting back to me. You are making all the difference with this, and I'm extremely grateful for all your help.
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Hi again, A letter arrived from Shoosmiths over the weekend, suggesting settlement. (Copy attached). Is it safe/best to ignore? I haven't received anything recently from the court. SLC have complied with my SAR. I've heard nothing with regard to my CPR or CCA requests (beyond my last post) Many Thanks Percy SM070219redacted.pdf
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Thanks DX, I thought that might be the case, so reassuring to see you post as much.
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Hello again, Happy New Year and Happy Birthday! Wanted to give a quick update. There have been no significant developments with my claim since filing my defence, however I have received a couple of letters from Shoosmith. The first arrived on the 21st December (deadline for defence), which offers an extension for filing my defence and states CPR 31.14 doesn't apply to small claims (but they'll comply anyway...) The second acknowledges receipt of my defence (feel free to delete if you don't think these are relevant/of much interest to others!) Best, Percy SM201218.pdf SM020119.pdf
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MCOL website playing up. Telephoned MCOL helpline and they recommended filing by email. Worth a call if anyone else having trouble. Will double check tomorrow to make sure everything filed. Thank you very much for all your help. Will let you know outcomes. Off to enjoy Christmas now, have a great one! Donation forthcoming xx (next on to do list!)
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Hi Andy and DX, thanks so much for giving this your attention. Going to file this defence (#32) shortly
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Thank you Andy. Here, for the sake of thoroughness, is the final draft then: 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. Paragraph 1 is denied.It is accepted the Defendant has in the past had financial dealings with the StudentLoans Company my annual income has never exceeded the published limits by SLC for payment since graduating in 1998. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925. Paragraph 2 is denied. The Defendant is not aware of any alleged service of a Default Notice pursuant to the consumer credit Act 1974, either by the claimant or The Student Loans Company On receipt of the claim, a request for information pursuant to the Consumer Credit Act (section 77) was sent to the Claimant on the 29th November 2018. The statutory fee of £1 has since been returned as unnecessary to the request and the Claimant has failed to comply with the request. To this date the Claimant remains in default. On receipt of the claim a CPR 31.14 request was sent to the Claimant’s solicitors were posted 29th November 2018. The Claimants solicitors have failed to comply with the request. To this date the Claimants solicitors remain in default. 5. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d)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 proves the allegation that the money is owed. 7. On the alternative, as the Claimant claims to be 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 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
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What do you think? I want to mention deferment, but don't want to get snarled up referring to T&C's I've never seen - that feels like admitting liability... or at least makes it seem less likely I would be 'unaware' of the assignment.
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Good evening, Here's my second draft: 1. The claimant's claim is for monies due from the defendant under the regulated agreement(s) between the defendant and Student Loans Company Limited under master reference xxxxxxxxxxxxxxxx, and assigned to the claimant on 22/11/2013, notice of which has been provided to the defendant. 2. The defendant has failed to make payments in accordance with the terms of the agreement(s) and default notice(s) have been served pursuant to the consumer credit Act 1974 3. The claimant claims the sum of £7116 4. The claimant has complied, as far as is necessary, with the Pre-Action Protocol for Debt Claims 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 the Defendant has in the past had financial dealings with the Student Loans Company. The Defendant does not recall the precise details of the alleged agreement or debt, and has sought verification from the Claimant who has to date has failed to comply. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant. 2. Paragraph 2 is denied. The Defendant is not aware of any alleged service of a Default Notice pursuant to the consumer credit Act 1974, either by the claimant or The Student Loans Company 3. The annual income of the Defendant has never exceeded the published limits for deferral since graduating in 1998. 4. On receipt of the claim, a request for information pursuant to the Consumer Credit Act (section 77) was sent to the Claimant on the 29th November 2018. The statutory fee of £1 has since been returned as unnecessary to the request and the Claimant has failed to comply with the request. To this date the Claimant remains in default. 5. On receipt of the claim a CPR 31.14 request was sent to the Claimant’s solicitors were posted 29th November 2018. The Claimants solicitors have failed to comply with the request. To this date the Claimants solicitors remain in default. 6. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d) 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 proves the allegation that the money is owed. 8. On the alternative, as the Claimant claims to be 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 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
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Will do. I'm not going to have much chance to work on it before tomorrow however. Also today received back the £1 postal order I sent to Erudio with my CCA request. Comp slip enclosed from Arrow Global (not Erudio, though I know they are one and the same). Handwritten note reads: Please note Arrow no longer require £1 fees for requests under the Consumer Credit Act. Please find your Postal Order enclosed and returned to you. Many Thanks. It's not signed. I wondered if this is somehow 'complying' with the request (albeit not in the way I requested!), seeing as tomorrow would be the CCA deadline?
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Thanks for the advice Andy.
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Okay thanks. Will sit tight for now.
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Something along the lines of: Had the defendant been aware of the assignment/debt, it is understood the defendant would have been eligible for deferment, having never exceeded the published limits of annual income since studying in xxx yrs. ps. homelife beckons - will be back to this later!
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I was wondering about that too... Could I admit to deferring with SLC, and state that my earnings have never exceeded the threshold without acknowledging/admitting my debt with Erudio do you think?
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Hi, This is my first go at my defence. Would be grateful for any pointers/advice... POC: 1. The claimant's claim is for monies due from the defendant under the regulated agreement(s) between the defendant and Student Loans Company Limited under master reference xxxxxxxxxxxxxxxx, and assigned to the claimant on 22/11/2013, notice of which has been provided to the defendant. 2. The defendant has failed to make payments in accordance with the terms of the agreement(s) and default notice(s) have been served pursuant to the consumer crediticon Act 1974 3. The claimant claims the sum of £7116 4. The claimant has complied, as far as is necessary, with the Pre-Action Protocol for Debt Claims 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 the Defendant has in the past had financial dealings with the Student Loans Company. The Defendant does not recall the precise details of the alleged agreement or debt, and has sought verification from the Claimant who has to date has failed to comply. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant. 3.Paragraph 2 is denied. The Defendant is not aware of any alleged service of a Default Notice pursuant to the consumer credit Act 1974, either by the claimant or The Student Loans Company 4. On receipt of the claim, a request for information pursuant to the Consumer Credit Act (section 77) addressed to the Claimant and a CPR 31.14 Request addressed to the Claimant’s solicitors were posted on 29th November 2018. To this date the Claimant and their solicitors remains in default. 5. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d) 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 proves the allegation that the money is owed. 7. On the alternative, as the Claimant claims to be 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 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 Many Thanks
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Thank you for answering DX. That's cleared things up for me.
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