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    • Hi and Welcome to CAG     I have moved your topic to our Scotland Financial Legal Issues Forum.....please continue to post here to your thread.   Have  a read of the locked sticky  threads above yours on the process of defending a Scottish claim.   Andy
    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they 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.    
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olliepup

Natwest/rbs/triton mint creditcard debt

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Stop sending them quids.

 

You only need to do it once, to whoever was demanding money. They have to forward the request.

 

The most you have to do after that is remind them that they are in default of your request

 

The address is not the correct one!

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Yeah the original quid went to Natwest, they haven't complied so i'll just remind them it is in default and that they can not legally try to collect money when the account is in dispute, is that right.

 

Many thanks to contributors to this thread.

 

Olliepup

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Yeah the original quid went to Natwest, they haven't complied so i'll just remind them it is in default and that they can not legally try to collect money when the account is in dispute, is that right.

 

Many thanks to contributors to this thread.

 

Olliepup

 

They cannot ask for payment whilst they are in default of your CCA request

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Hi all and Happy New Year to everyone.

 

Well all had been quiet on this Natwest debt until receiving a letter from Regal DCA, bright red letter type thing demanding full settlement or they will advise their client of further action should be taken.

 

Account still in dispute as before so maybe time for the bemused letter to them now??

 

Anyone dealt with Regal??

 

Could be another paper exercise.

 

Any views welcome.

 

Cheers Olliepup.

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dickys law

 

the brightness of the colour in a letter and the size of the font used is inversly proportional to the amount of bull**** contained therein

 

 

enough said? file and ignore it

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dickys law

 

the brightness of the colour in a letter and the size of the font used is inversly proportional to the amount of bull**** contained therein

:D love it!

So right too...

Happy New Year DD

Elsa x


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Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

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Heh Heh good one!

 

So you reckon to not even reply and send the bemused letter?

 

What about the Invite them to sue me letter?

 

This is the 4th DCA now in 4 years.

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I got a bright red letter from Regal Credit this morning. They are demanding payment for a Natwest Credit Card Account.

 

I have never had a Natwest Credit Card. :confused:

 

Unfortunately I was so incensed I called and left them a message before I had noticed that you are charged 10p a minute for calling their number. :(

 

Still I'm sure I managed to say what I wanted to within that minute - ending with "Now just bugger off." :D

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I got a bright red letter from Regal Credit this morning. They are demanding payment for a Natwest Credit Card Account.

 

I have never had a Natwest Credit Card. :confused:

 

Unfortunately I was so incensed I called and left them a message before I had noticed that you are charged 10p a minute for calling their number. :(

 

Still I'm sure I managed to say what I wanted to within that minute - ending with "Now just bugger off." :D

 

Hehe...... We keep getting Regal calling at work for some fella that nobodys ever heard of - given that theres only 5 of us that work there and the branch has only been open a year I'm guessing Regal have bought themselves some corrupt data.

 

They call so often now and tie the phone lines up that the companys legal dept have pinged them a cease and desist notice or we'll see you in court for the loss of business......... can't wait for the next call now :D

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:D

 

And Hi to olliepup - I've just been back to the beginning of the thread to see who started it as I got here by doing a search on Regal.

 

Regal very kindly sent me a Business Reply envelope too, so I'll write to them too as they'll be paying for the postage. Well, when I say "write", I mean I shall just send them a copy of their letter and scribble a couple of words on it.

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:D

 

Regal very kindly sent me a Business Reply envelope too, so I'll write to them too as they'll be paying for the postage. Well, when I say "write", I mean I shall just send them a copy of their letter and scribble a couple of words on it.

 

Make sure you wrap it around a couple of house bricks first...... would be nice to get their monies worth out of the post :eek:

 

Hi to Olliepup too :D

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Hi there!

 

I still haven't done anything about this one! yeah write two words on it one starting with F ....

 

Haven't heard anything else but noticed some code on the letter that was RB something or other, so pressume it's a in house DCA for RBS??

 

I may just send the bemused letter recorded and send a turd back in their pre paid envelope!

 

Olliepup.

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I got a bright red letter from Regal Credit this morning. They are demanding payment for a Natwest Credit Card Account.

 

I have never had a Natwest Credit Card. :confused:

 

Unfortunately I was so incensed I called and left them a message before I had noticed that you are charged 10p a minute for calling their number. :(

 

Still I'm sure I managed to say what I wanted to within that minute - ending with "Now just bugger off." :D

 

and now they have your number!1 Doh!

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OMG. Do you mean they can get number withheld numbers? :eek: How?

 

crafty girl!!

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Hi folks!

Regal are still bleating on about this, i sent them a letter stating they have not supplied a valid CCA nor have original creditor since i requested it months and months ago!

 

Told them they cannot legally collect any money until this is supplied and not to bother sending any doorstep collectors or i will call the Police.

 

I got a letter back from them today saying thank you for your recent communication but you forgot to include a proposal for repayment of this debt, also can you include a statement of finances to see if we will accept your offer etc etc.

 

WTF are they that thick??

 

Surely with no CCA they CANNOT try and collect and they know they can't??

 

Should i just write back and say the reason i have not included a proposal as you are in no legal position to request payment until a valid CCA is produced.

 

You have no right to request financial statements.

 

Should i invite them to take me to court for the debt with no CCA?

 

This lot have made me angry.

 

Many thanks

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Erm yes, they are that thick. :D

 

I sent almost the same letter, including the bit about calling the police, and not having a valid CCA, and they just wrote back and said they wanted the money anyway. So I have written back again explaining why they can't have it. I've had three letters so far, and most DCAs go away after three attempts, so maybe I won't hear from them again.

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I wish there was a smiley for 'yawn' - we could certainly do with one as far as DCAs are concerned.

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yes they can - and can go as far as issuing proceedings (but not obtaining a judgement) as it has (stupidly) been ruled that actions up to issuing proceedings is not enforcement but obtaining a judgement is!!

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So why would it be worth issuing proceedings if they can't obtain a judgement??

 

Won't it cost them money?

 

To be honest if they want to take it to court they can, least i'll try the no CCA defence and i'll get a chance to offer what i can really afford which isn't much so they will be on a hiding to nothing.

 

Is there a letter to send regarding their position with no cca?

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because most people will sh*t themselves and pay up or offer to pay up when the summons drops on the doormat!!

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So basically if the summons drops through the door is it then when i have to file a defence? is it a paper exercise and is not having a valid CCA classed as a reasonable defence?

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