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snowtime

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  1. looking at the mountain of paper I was served one 01/06/2016 as far as I'm aware the 1 st one prior to that Notice of Sum in Arrears every 6 months starting form 30/07/14, my application to defer was mid march 2013 which is over the 6 years, had their agreement to this on 19/06/2013 and period deferment started 25/06/2013 until 24/06/2014
  2. ok thanks for your assistance, I will file my defence after the weekend and then let things play out.
  3. thanks for the above wording etc. I had a query a dew posts ago about there being a change in how the limitation has been applied to a case this Feb 2019 it was flagged up on the national debtline site before I found yourselves, I have found the details it relates to a credit card case, county court defence failed and its a precedent, now its all a bit confusing to me, hence me query, my best defence is still probably what you have stated clearly to me! but would you mind having a read of this info i post the link, its for professional advisers on the full details on https://england.shelter.org.uk/professional_resources/debt_advice/archived_emails/2019/february_e-bulletin Case law The default notice now confirmed as a cause of action regarding limitation The Court of Appeal has made a ruling in the case of Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 on 23 January 2019, which now sets precedent on when the limitation period should start with regards to Consumer Credit Act cases. It was decided that in relation to claims for debts due under a credit card agreement the limitation period starts to run after the time specified in a 'default notice' served on the borrower pursuant to s87 of the Consumer Credit Act 1974 (CCA).
  4. So the CCA & CPR 31.14 has been posted by recorded delivery,1st class post this afternoon, I'm registered on the www.moneyclaim.gov.uk website and can submit my defence via there & I have 23 days(13/06/19 today) left from 33 that started on 03/06/19. I have kept copies of AOS,CCA,CPR forms submitted.
  5. ok I've managed it thanks! final question do i send the CCA request to Erudio by registered post or their agents Dryden's Ltd who are the processing sols both are named top left claim form one as Claimant Erudio and Drydens named as address for sending docs -payments so i plan to send it there Sols..I'm just trying to be careful never had to do this before
  6. ok thankyou I've done AOS online its confirmed..never use a postal order but will go to the PO and sort do I just ask for a Order worth £1 and not right anything on the front? i'm writing the CCA request to the claimant they gave a C/O address in main box and in secondaty box labeled address 4 sending docs and payments is DRYDENS Ltd who are also the sols on the claim who have sent to me a letter stating above matter has been transfered to them 03/06, which address is best please
  7. ok thanks Name of the Claimant ? Erudio Student Loans Ltd Date of issue 03/06/2019 Submitted online today Acknowledgement of Service Date to file defence 05/07/2019 Particulars of Claim 1 Claimant claims £8970 from Defendant 2. this debit was pursuant to a regulated agreement(s) between Defend & Student Loans Company Ltd. Each agreement has an individual account number as follows rytyt fgtfg fhfh fgfgh 3. Defendant. failed to make payments as per the terms resulting in the agreements being terminate. Notice of such is served by a Default or Termination Notice subject to the the terms of Agreement 4. Debt was assigned to the Claimant on 22/11/2013 with notice given to the Defendant. New master ref no. was also applied 5. The claimant has complied with the pre-action protocol for debt claims Did you inform the claimant of your change of address? No not moved Is the claim for ? old style 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?.. by post Is the debt showing on your credit reference files No I never gave them permission for this (hence unable to defer) 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. No account assigned to Erudio from Student Loans so debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes and Yes Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Had Notice of sums in arrears 30/07/2014 onwards and usually in July first Notice of Default 01/06/2016 may of had earlier also Why did you cease payments? I have never made any payments on account. What was the date of your last payment? Never made any Student Loans Was there a dispute with the original creditor that remains unresolved? never Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No never
  8. thanks for being positive! I've dug out my last paperwork regrading deferment they wrote to me on 19//06/2013 stating my 4 loans all had a deferment start date of 25/06/2013 and a end date of 24/06/2014 they served the claim form on 03/06/2019 I have completed Acknowledgment of Service giving me 33 days to submit my defence takes me 05/07/2019 but 03/06/2019 is just within 6 years from 25/06 -hence my concern and qu's i need to get it right! its possible they dont have the deferment form as that was from Student Loans and transfer went through after these dates in November 2013
  9. I'm sorry you're asking me to read a link, I was posting the info i have so far from the other site apologies, devil is in the detail and i dont want them to easily upturn my defence by stating only 5 years has occurred since the debt became due again as they allowed me to pause it for 13 years the issue I have is they were not my lender when i applied for deferment in march 13 yes 6 years on is 03/19 which has passed but they received my loan in November /2013 during a period of deferment, how do I stand as loan payment were suspended not due again until 06/2014. Thanks for bearing with me and really appreciate the help, I have been reading around this, the 6 year act seems to be reinstated everytime time I apply Deferment, (according to National debtline) but is it 6 years from when i do the paperwork (my last contact) 6 years from when deferment starts 06/2013 or is it when deferment ends 06/14 its pretty important! I will call them in the morning
  10. its the info i have from national debt line, that has muddled the water for me and 6 year period is when the loan is due, when its defered its not due apparently, everytime you defer you are admiting tge debt so I'm confused https://www.nationaldebtline.org/EW/factsheets/PDFs/time-limits-for-recovering-debts.pdf quote The Limitation Act says that the limitation period for student loans is six years. Old­style student loans usually became due for repayment in the April following the conclusion of your course, and any limitation period could not begin until after you missed a payment on your loan. However, if you asked for your loan to be deferred within the six year limitation period, this would have restarted the limitation period. If you think your loan may be statute barred, contact us for advice. I asked for this in march 2013 but its valid 06/2013 - 06/2014
  11. https://www.nationaldebtline.org/EW/factsheets/PDFs/time-limits-for-recovering-debts.pdf There are ‘old­style’ and ‘new­style’ student loans. Old­style student loans are for students who started their university course before September 1998. New­style student loans apply to students starting their course from September 1998 onwards. The Limitation Act says that the limitation period for student loans is six years. Old­style student loans usually became due for repayment in the April following the conclusion of your course, and any limitation period could not begin until after you missed a payment on your loan. However, if you asked for your loan to be deferred within the six year limitation period, this would have restarted the limitation period. If you think your loan may be statute barred, contact us for advice. from their site graduated in 2001 defered until 2014 after making application in 03/2013 for period 06/13 until 06/14 so not sure if I can clain S-B
  12. I've read that on national debtline site once you defer a SL it communicating with them, 6 years important period without contact my last contact was 03/2013 but I had no payments to make until 06/2014, thanks for looking at my situation appreciate it!
  13. I was hoping for Statute barred but I defered in March 2013 completed paper work but period is June2013 until June 2014 by then the debt had transfered to Eurdio, have to apply in advance so don't know if that applies, had no further contact personally since then accept looking into deferment again a year on but didn't proceed,
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