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own-worst-enemy

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  1. Great. Thanks Dx. I really appreciate your help. Yeah, i have CCA and CPR sent off. Okey dokey. I'll get on to my defence this evening and try my best to put something acceptable together. Thank
  2. Hi Dx I hope you are well. I apologise for this question as I think it's pretty obvious but I'm just making sure ... I finally managed to get my AOS submitted on MCOL (it's rather temperamental isn't it, at least it has been for me ... anyway ...) this is in place of returning the hard copy of AOS isn't it? I don't need to complete the AOS which came with the Claim Form and post it back do I? Just want to make sure I'm not doing anything to get me into even more trouble. Am I right in thinking now i have to respond to each of the Claims of Particulars and that these are my defence? Also, in the Particulars of Claim, the second point doesn't have any account numbers included. Is this normal? i.e; 2. This debt was pursuant to a regulated(s) agreement between the Defendant and The Student Loans Company Limited. Each agreement had an individual account number as follows: (on the actual claim form I received there weren’t any account numbers put on the form, it was blank.) Thanks, Debs.
  3. Hiya, I hope you are all well. I've done as advised above dx100uk however, when i've tried to submit my response to the Claim Form on MCOL it won't let me submit it without putting my signature on the last bit (i'll attach a screenshot). If i save it will it register/enter it or should i just send it recorded delivery tomorrow? Thanks
  4. Which Court have you received the claim from ? County Court Business Centre MCOL Northampton N1 Name of the Claimant ? Erudio Student Loans Company Limited Date of issue – 15 MAR 2022 date to acknowledge - 01 APRIL 2022 date to submit defence = 15 APRIL 2022 Particulars of Claim 1. The Claimant claims £2413.55 (round up 55p £2414?) for monies due from the Defendamt. 2. This debt was pursuant to a regulated(s) agreement between the Defendant and The Student Loans Company Limited. Each agreement had an individual account number as follows: (on the actual claim form I received there weren’t any account numbers put on the form, it was blank.) 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 5. The Claimant has complied with the Pre-Action Protocol for Debt Claims. What is the total value of the claim? £2,413.55 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No, not that I am aware of. I haven’t received anything until this. 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? Yes. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 3 loans from The Student Loans Company Limited. 1997, 98 and 99 When did you enter into the original agreement before or after April 2007 ? Before 1997, 98 and 99 Do you recall how you entered into the agreement...On line /In branch/By post ? In post I believe. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes. 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. The Student Loans Company Limited were the original creditor but they sold the loan to Erudio (in 2013 I think), the Claimant on the claim form is Erudio Student Loans Company Limited but address for sending documents and payments on the claim form is Drydens Limited. So I think it’s neither the original creditor or the debt purchaser. (Sorry if this is wrong) Were you aware the account had been assigned – did you receive a Notice of Assignment? I haven’t received anything until this Claim Form. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No. But I am disabled and part of this is my Mental Health diagnoses which make it virtually impossible to take part in mail. I don’t know whether they have or haven’t but I have an informal carer who supports me with most life tasks including mail, it was them who gave me this letter to sort out, they do not recall any previous letters and I can’t imagine they did and not told me as it I think why they wouldn’t have alerted me to any other letters that needed sorting out but have this one. Why did you cease payments? As it is a mortgage style SL I wasn’t over their threshold for repayment. I did pay for a little while around 2004-ish but this was choice, I have never earned enough (originally borrowed £4175.00). I’m disabled mentailly and physically as defined by Equality Act 2010 so was verbally told my deferment was for three years. When I received a deferment form in 2019 from my deferment 2018, I emailed to say I was on a three year deferment due to being disabled and this was followed up by a phone call which was confirmed. What was the date of your last payment? August 2018 £128 was taken directly out of my salary. I am on a mortgage style loan and didn’t reach the threshold anyway. This was later refunded with payments from 2017 they had taken and had said they would refund but hadn’t. Was there a dispute with the original creditor that remains unresolved? Not to my knowledge – not with The Student Loans Company anyway. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. I've attached a scan of my Claim Form. I've blurred out personal details but have another copy with my details on if you need that too. Thanks so much for all this help everyone. I can't begin to thank you enough for your support. It took me a little while than it should have done to fill the Q&A link so apologies for the late post Andy. I am getting on with the stuff from your post now dx100uk. Again, thanks and i will let you know when i'm done with the advised tasks. Xx Sorry dx100uk - i'm 43 now, born in 1979 and studied from 1997 to 2000. Thanks Xx claimform.pdf
  5. Thanks ever so much for such a quick reply Andy. I had hoped that it may be working days but your response confirms what i feared. I'll read through the link straight away. Thanks again, Xx
  6. Hello there, I hope you are well. Thank you ever so much for taking the time to read my post. I was sent a Claim Form from the County Court Business Centre, issue date 15th March 2022. I didn’t receive it until yesterday, 28th March. My 14 days to respond is five days after the issue date which takes me to 3rd April. I got loans off SLC ’97, ’98 and ’99 . Always deferred except for a few years between 2004-2006-ish where I didn’t earn enough but paid anyway as I thought it would be best for future mortgages etc. My last deferment was 2018 when I received an email saying my deferment had been successful till 2019. I had been made aware that as I was disabled and not able to work anymore, I was entitled to defer for three years. I rang Erudio who told me it was a mistake and I was deferred for three years. This would have taken me to Sep 2021. With Covid etc and my health and mental health disabilities I totally forgot to get in touch with them in September 2021 to see about getting the loan cancelled as I can never work again. When I received an email asking me to defer in 2019 I emailed them saying I was told my deferment was three years yet they didn’t email me back so rang them and they said if I’d been told in 2018 that it was three years then this was a mistake. I’ve still got the email but not got a recording/copy of the phone call. I’ve since been told that as I can’t ever work due to my disabilities (I told them this on the phone yet they didn’t tell me I could have the loan cancelled) but I haven’t done this. I can’t recall getting any letters off Erudio and thought I was on email only correspondence. I’ve got this Claim form and don’t know what to do. If I defend it does this mean I deny owing the money? As I know that I owe the money but I don’t agree that I should have to pay it due to not being in work thus not earning over the threshold. So, I don’t want to defend only to be thrown out straight away as I have misunderstood. If I admit only part of the claim does this mean I admit owing half the money so will have to pay half? If I agree with the claim does that mean I’ll have to pay it no matter what my circumstances are or do I admit it but then say I’m not paying though because of the thresholds and then will they serve me with a CCJ anyway which is what I don’t want to happen. I’ve emailed Erudio asking for a copy of my CCA. But only did that today, 29th March so won’t have it in time for when my response is needed. I can’t login to Erudio portal as it is saying my details aren’t recognised. I’ve seen loads of posts with responses advising people not to ring them as they will lie. It seems I have already been misinformed by them which has got me into this mess. I totally do not know what to do. Every time I think I’ve read something that mirrors my situation so will follow that advice something else contradicts it and I’m petrified of making things worse for myself. I know things are already really bad with me not realising I had this till yesterday. It is part of my disabilities which prevented me from getting it any sooner. Any help will be greatly appreciated. In fact I can’t express how grateful I would be. I’ve been shaking and a nervous wreck for a day and a half now since I was showed the Claim Form and read it. Thanks, Deborah.
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