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Knobblyknees

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Everything posted by Knobblyknees

  1. 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!
  2. 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
  3. 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.
  4. 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
  5. Thanks Andy - I'll try MCOL first tomorrow, and if no joy I will email to ccbcaq. KK
  6. 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
  7. 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
  8. 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.
  9. Thank you so much for your input Andy. I will edit accordingly. KK
  10. 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
  11. 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
  12. 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.
  13. 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
  14. 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.
  15. 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
  16. Thank you so much for your kind help and attention. I will start on this when I get home from work tonight. KK
  17. I've found a copy letter that shows I started to pay them in January 2009 after a coercive phone conversation (I doubt it would have been the first). This was just as I had found a new job, and - unfortunately - a few months before I hit 50. KK
  18. Yes - I was under 40, in 1998 when last loan taken out - by a year! I cannot be certain though whether I was over 50 when I started to repay. Trying to think back, it could possibly have been earlier. My current bank statements don't go back further than 2013 - and I was paying then. I will scratch head and try to tie it down. Would it be dangerous to contact Student Loans and ask them for statements, do you think? (Though Lord knows if they would come in time for N1 timescale). KK
  19. Hi - when did you start repayment? I couldn't be sure - probably around 2011 or so, to whom were they made? They were made directly to the Student Loans Co and why did you start? Because after I missed the deferral, they started sending me letters - to which I responded, and an agreement was reached. have you ever earned over the threshold? Up to two years ago no. Now I might be over it slightly £22k pa gross?? Thank you.
  20. Claimant Erudio Student Loans Date of issue – 9 Jan 2020 Particulars of Claim What is the claim for – the reason they have issued the claim? 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. What is the total value of the claim?£8k Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?I'm not sure - I did get a Solicitors' letter of claim with dates, loan agreement numbers, and amounts. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?Yes - many times. Did you inform the claimant of your change of address?No. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans When did you enter into the original agreement before or after April 2007 ? Original loans pre 2007. Agreement to pay monthly amounts after deferral no longer possible was after 2007. 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. Erudio. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I believe so. Did you receive a Default Notice from the original creditor? Yes. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No - but I have moved many times. Why did you cease payments? Sometimes I just didn't have the money at the time - would miss one or two payments and then have to go through whole procedure again. What was the date of your last payment? August 2014 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? Yes ………………….. Hello out there - Can anybody give me a little advice please? Yesterday I received a N1 Claim Form for 8.5k for a student loans from 1996,1997 and 1998, to Erudio, ( also received a Letter of Claim from their Solicitors last August). Back in 2011 I neglected to defer one of the loans and SLC came after me for full payment. I wasn't working then and they accepted a small monthly payment. Somewhere between then and now, the other 2 loans came online and I neglected to defer those as well, they were added to the claim all three became non-deferrable and fully due. My last payment to them was made in September 2014, after which I made no more payments, so not statute barred I think. now they have found me and I have a few more days to decide how to respond to them. My situation is that I am 61 and 5 years away from retirement. I have full-time work as an Administrator/Ckerk (although 65% of my take home pay goes on rent and council tax). I do have some small savings as a result of being widowed 2 years ago. However, I am now trying to buy a 25% share in a shared ownership flat and I need the savings to pay for the share as I'm unable to get a sufficient mortgage at my age. £8.5k out of this would leave me unable to continue and at the mercy of private landlords for the rest of my days - I can't afford that now, so have no idea how I'll afford it on the state pension - hence the attempt for the shared-ownership place. Obviously I don't want to disclose this 'roof over my head' fund to Erudio, but equally - a CCJ might prevent me being accepted by the Housing Association anyway. In desperation to get myself into this much cheaper flat I am thinking of admitting the claim and going through all the income and expenditure forms and making an offer to pay monthly, but ... can they demand to see my bank statements whilst considering my offer? If that is the case, then it seems I should just stay quiet and let them do their worst. At my age and with my future working prospects, I don't get credit extended to me anyway, a CCJ seems maybe a small price to pay for a little future security. Am I being an idiot here? Knobblyknees
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