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    • Latest update:   He managed to get through to BC before the closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   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.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
    • No worries I received a email yesterday from Lowell saying the following    Dear Mr,   My name is Rebecca and I will have conduct of your case.   I confirm that I am in receipt of your Defence, the contents of which have been noted.   You state that you do not recall having received a Notice of Assignment. I can confirm that a Notice of Assignment was sent to (Old Address that we moved out of in Nov 2017) on 25 March 2018, following our client’s legal acquisition of the account. A copy has been attached for your records.   On 31 January 2020 your request for the Notice of Assignment, Default Notice, Termination Notice and account statement was received.   A response was issued to you on 14 February stating that you statement had been requested from Three Mobile.   It was also stated that as your account was for a service agreement and not a Credit Agreement; it is not governed by the provisions of the Consumer Credit Act 1974. As such, there is no statutory requirement to complete and sign any such ‘agreement’ in order to obtain an account of this nature. Accounts of this type can be obtained by telephone, over the internet and by mail order and therefore, if no signed contract ever existed then it cannot be provided.   A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to Credit Agreements. As this debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice or termination notice would have been sent.   Your account statement was forwarded to you upon receipt from Three Mobile, on 18 February 2020.   Having reviewed your account fully, I can see that this former Three Mobile account was opened on 5 November 2014. The number associated with the account was 000000000   The last valid payment received via card payment by Three Mobile was for the sum of £61.34 on 12 August 2015. The original balance of £820.45 comprised of an early termination fee of £685.87 and outstanding air time debt of £134.58   Due to non-payment the service was terminated and legally assigned to our client. It is our client’s position that you are liable for the outstanding balance.   Should you be amenable to reaching a settlement, please contact me at this email address within 14 days with any sensible proposals you may have, that will be repaid over a reasonable time frame.  Payments can be made: On our website - https://lowellsolicitors.co.uk/. Please confirm the reference of your account in order for the payment to be allocated correctly. By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 316493279) Calling us on 0113 335 3338 and making the payment over the telephone.   Upon payment/ agreed settlement being received in cleared funds, we will notify the Court the case has been settled and close the account. By doing so, it will prevent a CCJ being registered in your name.  Should we fail to reach an agreed settlement, our client may instruct us to proceed to a hearing where a County Court Judgment may be entered against you. A CCJ if awarded will be listed on your credit file for 6 years and have a detrimental impact on your ability to obtain future credit. If you are at all unclear, we recommend that you seek independent legal advice. Free legal advice is available from the Citizens Advice Bureau.    I look forward to hearing from you.  
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Canaan

Court papers received- what now??!!**WON**CASE DISMISSED

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Its quiet simple Canaan not rocket science just post when you require help submitting your AQ

 

 

 

 

Regards

 

Andy;)


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Hello All.

Time is getting close to the deadline for getting my AQ in, I need to post it on Friday to be with the court on the 27th, soooooooooo I would appreciate some guidance. I was left a bit confused by the last few posts regarding what I should and shouldnt include with the form. To refresh memories this is the one where the DCA is taking me to court for a personal loan which never existed, so they will not be able to produce an agreement, they are likely to stop proceedings soon and retry with an amended POC but inthe mean time I need to get this AQ in :)

Thanks in advance

Canaan

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Just a little bump I need this form filled in tonight :(

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HI Canaan

 

Ok lets move on to the AQ

 

A Settlement Tick yes (I will explain later)

 

B Location Tick no

 

C Track Tick yes

 

D Witnesses 0 =yourself and husband/partner =1

 

E Experts Tick no

 

F Hearing Yes or No check your Calander to any dates unavailable

 

G Other Info Leave this blank for now until I tell you what to write

 

H Fee Tick no (you are the Defendent)


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With regards to A Settlement I am sure you would agree that this Claim should never have happened and that the Claimants behaviour is averred as both UNLAWFUL and VEXATIOUS,hence the need to appear to be amicable and seek settlement in all efforts.

 

With regards to G other Information I will draft a short reference to how you consider the Claimants have behaved in bringing this claim and also you need to amend with anything relevent that should have prevented it.

 

 

I will also prepare a Draft Direction to enclose with your AQ requesting a Stay in proceeding to alow settlement to be reached.

 

You will need to attach everything relevent to the case ie CCA request CPR18 request.

 

Finally dont sign the Claimants copy print name but sign the Courts Copy

Edited by Andyorch
  • Haha 1

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Ok heres yours Draft Direction

 

 

Case No. XXXXXXX

In the XXXXXXXX Court

 

 

 

Between

 

 

Claimant

and –

 

Defendant

 

DRAFT ORDER

Proposed directions:

 

[1. The case to be stayed for one month while the parties attempt to settle the case.

 

[1] [2] If settlement is not achieved standard disclosure by list by 25th November 2008.

[2] [3] Inspection by 1st December 2008.

[3] [4] Witness statements of fact to be exchanged by 2nd January 2009.

[4] [5] To be listed for trial with trial window of 2nd Feb 2009 to 2nd March 2009.

 

 

 

Dated the day of XX October 2008

 

 

Regards

 

Andy


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Thanks Andyorch.

Just so I understand what I will be sending, what sort of settlement am I aiming for here? I am assuming it is to give the other side a chance to back off without going to court?

Thanks Canaan

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Correct meek and humble and show the Claimants behaviour is averred as both UNLAWFUL and VEXATIOUS, settlement should always be foremost throughout proceedings irrespective of these numpties bringing a pointless claim.I will finalise something for Section G shortly

 

Regards

 

Andy


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OK Canaan i would propose something along these lines but feel free to amend or add anthing to forward your case: -

 

Section G

 

If the Court decides not to use its powers to Strike out the claimants vexatious claim as detailed in the defence; then, if the court is in agreement, the defendant respectfully requests that directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgement

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

 

 

 

Regards

Andy


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Thanks Andyorch.

Just need to ask.....the other side have already asked for extra time, I did not agree to this and continued to this point, how will it go down if now i am asking for a months extra time??

 

Thanks Canaan

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Sorry to be a complete pain but I am not going to be able to fit all that detail into the box in section G by hand writing. Do I attach it as a seperate sheet??

Also is the numbering supposed to be boxed exactly like below on the draft order? It just makes no sence to me so I am just checking that I am not just copying blindly and sticking it on a letter for the court :)

 

[1] [2] If settlement is not achieved standard disclosure by list by 25th November 2008.

[2] [3] Inspection by 1st December 2008.

[3] [4] Witness statements of fact to be exchanged by 2nd January 2009.

[4] [5] To be listed for trial with trial window of 2nd Feb 2009 to 2nd March 2009.

 

Thanks Canaan:)

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Buuuuuuuump I only have a few hours to get this done:eek:

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Hi Cannan

 

Yes the lettering is in the event of failure 1 2345 come into play and yes its ok to attach a seperate Sheet as G.

 

Regards

 

Andy


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Thanks Andyorch :D

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:oops:Sorry me again

 

Is sending a copy to the other side just being polite or a requirement? If it is just politeness that will have to wait till next week:-D

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AQs are expected to be exchanged as per Civil Procedure Rules.If you have not recieved theirs, request a copy from the Court handling the claim.The reason for wishing to view the Claimants AQ is logical it gives you insight to which way they are proceeding with their claim.They may have made a AN (which will probally contain a Witness Statemant) it may contain Directions / Disclosure requests all an insight to what they are doing and gives you the heads up in your reaction.It may state that they wish to settle and therefore give you a stay which enables you more breathing space in your next move.All the above must be taken into account for you to be able to proceed in your best interest.That is why its expected to exchange AQs it even says in the AQ itself have you forward a copy of this to the Claimant/defendent.


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The only reason i say to exchange is that on previous cases involved with if said AQ had not been exchanged I would have missed some very important points like witness statements etc which you are fully entitled to see and upon no seeing them would have lost the case.

The Claimants has a responsibility to serve on you a copy of their application (If any)and any supporting documents. Given that if they have not had the courtesy to do this, because they are trying to gain an unfair advantage in the case, you are entitled to a copy from the Court. Any documents filed at the Court should also be served on the other parties in the case. The Court staff clearly do not understand the concept of "filing and serving" and are acting in a way that is prejudicial to your case. Given that the Claimants have made an application, you are entitled to see it, so that you can decide if you want to submit one also, then the Judge can consider both applications and make an "informed" decision.

 

If they continue to refuse you a copy, all they are doing is creating additional work for themselves and the Judge! Lets assume the Judge decides they can have a Summary Hearing. This will be communicated to you via an Order sent in the post. The Order gives either party (usually) 7 days to apply to vary/object to the Order. So you would then file your app notice, explaining in your letter that you were denied the opportunity to also file an app notice at more or less the same time as the Claimants, as they conveniently did not send you a copy. Furthermore, the situation was compounded by unhelpful Court staff, who on two occasions refused to provide you with a copy of said application! How on earth can either the behaviour of the Claimant or Court staff be said to be working in conjunction with the Overriding Objective as the CPR requires? Both the Claimant and Court staff are frustrating the legal process, one deliberately, one probably out of ignorance, but nevertheless this impacts upon your case!

 

You can report this to the Civil Section Court Manager,If he/she acts unreasonably, take the details to make a formal complaint, as this is unacceptable. The bottom line is, it's not your fault that the Claimants did not serve the app notice on you and the 1st you knew about it was in the AQ!! You should not be at a disadvantage because of the Claimants dubious practices! hence the need file & serve.

 

 

Hope that makes sense.

Edited by Andyorch
addition

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Thanks Andyorch.

At what point would the other side normally pull out of proceedings? The reason I ask this is that there was honestly never a personal loan between myself and the OC, the DCA made an error on the POC paperwork. I assume the other side are not going to submit an AQ and pay costs for a case they will loose???

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Hi Canaan

 

Well if the penny has not dropped yet for the Claimant let him proceed with his AQ as you say they will have a fee to pay.They are going to look rather silly if they proceed perhaps you should write the Claimants Sols inviting them to issue a Notice of Discontinuence.

 

Regards

 

Andy


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Would love to :D

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The penny dropped for the claimant weeks ago, they know the POC is incorrect, they requested extra time a few weeks ago but I continued with submitting the defence as the extra time would not have benefited me at all.

Canaan

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I would be grateful for some help with the wording a letter inviting the solicitors to issue a Notice of Discontinuence when someone has a spare moment :D

 

Canaan

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Well the other sides solicitors sent their allocation questionaire today, with very interesting notes in section G, completely ignoring any alleged debt but just concentrating on the fact that they offered to give me more time to file my defence and i carried on regardless. I did write to them and they were given adequate time to amend their POC they waited until the last minute to write and tell me that they were giving ME more time which i wrote back and said i didnt need therefore i was going ahead with sending in my defence. Basically they are trying to make me look obstructive. Every one of their letters has been headed "without prejudice" am i right in thinking that this prevents me presenting them to the court as proof of what they actually offered and their replies to my letters?

 

Thanks in advance

Canaan

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Canaan,

Further to your PM, the Claimant may have stated in its AQ a wish to amend the Particulars of Claim, but that is not sufficient. The Claimant will be obliged to make an application to the court and on notice to you for permission to amend and in a proper case, submit a draft of it's proposed amendment. On considering the application the court will probably allow it though with provision for you to serve a consequential amended Defence.

 

In the circumstances it is probably premature to write inviting the other side to discontinue. The effect would most likely be to spur them into making the application. I'd sit tight on this one for the moment.

 

Oh, and they can't rely on their 'without prejudice' letters either.

 

x20

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This is the exact wording of their section G: red bits are mine:D

In a letter dated 24/09/08 the claimant invited the defndant to consent to the claimants proposed application to he court to make 2 minor amendments to the particulars of claim (i.e to correct a spelling error i the defendants name and substitute the words "credit card" for "personal loan" ummmm surely this should be subsitute the words "personal loan" for "credit card" :shock: in reltion to the agreement) In exchange for such consent, the claimant would consent to a further 28 days for the defendant to file a defence. The defendant turned down this offer and responded with her own conditons which included a limiting date that precluded the making of the application by consent. Right they wrote to me asking me to consent to a change to the poc i wrote back saying i would consider this on condition that they allowed me to 1. extend the defence date, 2. send me a copy of the cca and 3. that they would return the daft new poc by the 4h of october. They write to me on the 3rd of october to offer ME more time at which stage i wrote back saying i was wating no longer and was putting in my defence.

The claimant has supplied the following documentation of the claimant which we attach for the courts reference:

1. Copy of deed

2. copy of extract

3. statements of account

 

No CCA though

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