Knobblyknees
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eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Yeah - it's webmail, not mail program. I think there was an option I checked years ago to only keep one month's worth of spam, and the rest falls off. It's OK - I'm happy enough not to have heard anything really. (I assume they would actually send me a letter if they were pursuing it further). I don't think I'll ring Northants - it feels like tempting fate! -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Ah - my spam folder automatically self-destructs after a month. So nothing in there except the usual. But what would you expect to be there? Erudio's response to my defence? Or nice note from the Court telling me it's all OK? Bit nervous I might have missed something now! KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
I know we've all got greater things to worry about just now, but just to update ... I submitted the defence by the deadline which was in mid Feb. I haven't heard anything further at all. Although I was not able to check the status on MCOL, I have not received anything by post from the Court, nor any begging letters from Erudio or their Solicitors. As it is now 2 months hence, I think it must be stayed. Thank you for your help and showing me there was another way. -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
The MCOL website is still refusing to accept my log-on details. Feels like a conspiracy! It's Monday now, but will keep trying till lunchtime and then will have to use email address kindly supplied by Andy and keep fingers crossed. KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Thanks Andy - I'll try MCOL first tomorrow, and if no joy I will email to ccbcaq. KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Can't do much till tomorrow anyway. Thank goodness I didn't leave it till absolutely the last minute. I'll wait to hear if anyone has any other comments, and then will try again online tomorrow - but I guess if I can't get on by lunchtime, I need to get my tail down to the post office! Thanks, KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Oh dear. MCOL is not accepting the combination of my Claim Number and the Password included in the Court claim form. I've entered it exactly as written, three times and it's just not having it - keeps telling me that the claim number OR the password is incorrect, though I am copying them exactly from the claim form. I don't know if this has happened to anyone else - it worked fine when I logged in to do the acknowledgement. although CAG seem to advocate against it, I guess I will have to actually send my defence - and first thing tomorrow, special delivery, to get there by Tuesday deadline. KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
OK - all edits are included now and the defence is in its final form I think. I've received no further replies to SAR, CPR and CCA letters. I will enter my defence on the MCOL site on Sunday evening. Hopefully that will be more or less an end to it as far as Court action is concerned - but I will post back if I hear anything unusual. Thank you truly for the help and advice given - I think when I first posted I was prepared to just accept the judgement, so I'm very grateful that you've shown me that wasn't the only option. Donation made. -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Thank you so much for your input Andy. I will edit accordingly. KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Hello - Thank you for your reply dx. I have amended as you suggest. Do you think I can I get this in anywhere? "The annual income of the Defendant has never exceeded the published limits for deferral since graduating in 1999.", or should I hold on to that for if push comes to shove and I do end up in Court? Also, seeing how MCOL can be a bit temperamental, I'm thinking of trying to start sending my defence on Sunday - for its deadline of Tuesday 11th Feb. Do you think that is sensible, or should I wait until the last minute? Is there anything else that you think I could be including that will put them off taking it further? With thanks, KK 1. The Claimant claims £8k 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. Each agreement had an individual account number as follows: (no individual account numbers actually supplied). 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. This debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant. A new master reference number xxxxxxx was also applied upon assignment. 5. The Claimant has complied 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 3 is denied. The Defendant is not aware of any alleged service of a Default Notice or Termination 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 17th January 2020. 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 or Termination 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 -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Hi again, The time for making my defence is now approaching. After sending the SAR, CPR and CCA letters on 17th January, I've received responses as follows: The SAR acknowledged on 23rd Jan after I supplied them with further information to identify me. Nothing received yet and nothing due until 18th Feb. The CPR request sent to Drydens was acknowledged on 21st Jan, agreeing 28 day extension. The 3 x CCA requests sent to Drydens have been acknowledged with a 'waiting for client' paragraph and the 3 x postal orders all returned to me. Sadly, I am now certain that I did start paying them just before my 50th birthday. However, I have never earned above the threshold, (and still don't), but agreed a payment plan because, after failing to sign a deferment form one year, they told me I was no longer eligible for deferment. I've fished out a copy of what I think must be the 'no paperwork' defence you refer to and had a go at amending it here. I'm a bit nervous about paragraph 3 - I am fairly sure I received a few default notices about 10 years ago when they first got me to make payments. I have not received anything since, but I have moved house about 7 times since then. I'm also wondering whether I can include anything about never earning above the threshold? Many thanks in advance if you are able to help further. KK 1. The Claimant claims £8k 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. Each agreement had an individual account number as follows: 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. This debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant. A new master reference number xxxxxxx was also applied upon assignment. 5. The Claimant has complied 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 17th January 2020. 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 -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
No - I don't believe I ever registered for online access to my account. Just tried and it's returning error messages and requests for a customer no which I do not have. -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Hi DX All letters posted off with proof of posting receipts - 3 x CCA requests (with separate Postal orders and in separate envelopes) to Driydens, 1 x CPR to Driydens, 1 x SAR request (signed) to SLC. I've also acknowledge service on MCOL, ticking the Defend All box. As I understand it, with the claim form dated 9th January I now have till 10th February to decide my defence. Reading through other of your replies on the site, I see it may be unlikely Driydens will bother to press the action once they know I'm going to defend it. Although I'm not out of the woods yet, the horizon looks a little brighter, for which I thank you. Do you have any suggestions on what I should concentrate on as my defence? I was thinking of going with "demanding money with menaces" and focus on that. The reason I started paying them after 'that' phone call was because the SLC rotweiller told me that at that time only one loan was in default but if I made an arrangement to start paying something towards that first loan, we could again defer the two remaining loans. It will be interesting to see my deferment history when SLC respond to the SAR. I will continue reading the threads and thanks for your help so far. KK -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Yes - what you've written in red is exactly what is written on the N1, but no account numbers follow the colon - it just goes on to Point 3. The Defendant failed to make etc etc. I've just found loads of old email correspondence too going back to that date - I was dealing with [email protected] both by phone and email. So it was SLC, but a particular department. -
eruido/drydens claimform - SLC Student Loans
Knobblyknees replied to Knobblyknees's topic in Financial Legal Issues
Hi dx - The original Letter of Claim from Driydens did mention all three loans numbered, though the N1 Claim form from the County Court does not. I'm writing out 3 CCA requests to be on safe side. Although I'm a little sketchy on exact dates, I remember that I stopped doing my deferments (which were becoming ever more invasive and demanding), and went quiet and ignored their written communications. Eventually (and it may have been 18 months or so), they started contacting me by phone - mobile and landline - and this would have been close to my 50th birthday, (so now I can see they were desperate to get some communication/admission from me and quickly). They mostly tried calling me from the Company number, and then by private mobile so I could not screen the call. When I ended up being caught to speak to them, I had a real toughie on the phone who in essence told me that because I had failed to defer the loan, it had now 'gone to collections', and I was no longer able to take advantage of the deferment process, regardless of what I was earning. I can see from my subsequent letter to them that the call was unpleasant and coercive and I was talked into making an agreement to pay a monthly amount even though I was definitely earning under the threshold at that time, (£10,055 pa). It was explained to me that because my loan agreement was "in collections", the normal rules about eligibility to pay no longer applied. I hope this may explain a little more fully. I'm on to the SAR, CAC, and MCOL parts of your reply now, (and no doubt for the rest of the evening!). Many thanks KK
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