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    • 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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sarnie2109

how to take a debt collector to court???? please help

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Hi all.

Well back around may i had a car insurance policy with lancaster ins..... the car had been taken to france and no longer needed the insurance policy so i rang up to cancel it, then promptly got a letter saying i owed them a £20 cancellation fee, i said i wouldnt pay as they still held almost 10 months worth of payments on the policy and yet i canceled it at around 6 months, so they owed me money really.

Anyway long story short i got letters from Credit Resource Solutions a DCA.

 

I sent them a notice to cease harassment and included in that was my fee schedule.......... always always charge for your time as they do.... i charge £150 per letter and £200 per hour or part thereof for telephone conversations.

 

they never wrote to dispute the fee schedule and then sent me another demand for payment, i replied with an account in dispute and notice of conditional agreement and request for clarification, they ignored this also, but this one came with an invoice for the first notice for £150.00 and it stated if they ignored this and didnt pay it i would charge for the second notice and take them to court for the balance.

 

while this was going on i got a very friendly girl at lancaster who i sent copies of all paperwork to..... long story short they wrote to me saying they have looked at my notices(under common law) and have closed the debt and told lancaster to stop harrasing me.

 

my last letter including the invoice to CRS debt thugs was sent on the 09/06/09 then a notice of intended legal action to them regarding the invoice on the 24th june 09........... they havent responded.

 

so this morning i recorded my phone call to them and low and behold 6 months after my personal data request they still have me on there systems i was asked to clear personal data......... i then got a manager who got very flustered and said repeatedly over the top of me to contact lancaster ins about it, i said sorry chum the invoices are addressed to you, he said have a good day and hung up. all nice recorded to be brought up in court.

 

Right to the question(s) :D

 

whats the best way to take this **** to court, i want my invoice paid and i also want to claim damages against them for harassing me over an unenforceable debt.

 

Any help anyone?

 

(had a thought the other night, surely if my car ins is paid off in installments over the year, are they providing credit under the CCA act?????)

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Phone your local county court or take a look on the courts web site as there will most probably be the appropriate form to down load and send it recorded deliv to those idiots.You could also make a complaint to the ico if youve asked for data to stop being shared or stored on their systems ,The more difficult and non responsive they are to you will go in your favour if this goes to court just keep a good log of everything and you should be able to give em a good pounding.Its great to see somebody else not just lying down and taking all the crap the dcas try and give people i am also going to be taking a dca to court soon as they slammed a ccj on me 1 mth after i was declared bankrupt.

 

you are right if your paying mthly for car ins they will have to produce a valid cca.

 

 

good lck.

 

regards

 

out of cash

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how to take a debt collector to court???? please help

 

You write a simple letter telling him how much to pay and set a deadline. Explain why you want him to pay.

 

If no positive response then file a Form N1 at court, await a trial date and tell the judge why & how much you want your defedant to pay.


The next generation Nintendo Wii - the Nintendo Puu

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Lets Get This Right

 

Is The Original Cancelation Charge Included In The T&c Of The Policy

 

You Are Pushing It On The Fee Angle Unless They Have Signed And Agreed To It

 

You Can Charge Lip Rate, The Same As Sols

 

This Is What You Need To Do To Comply With Pre Action Protocol

 

Send The Dca A Letter

 

Head It Fao Elevated CoMplaints Dept And

 

14 Day Letter Before Action

 

Tell Them Your Beef,

By Law There Complaints Dept Have To Give You A Final Response

Enclose A S10 Data Protection Letter To Cease Processing Your Data

 

After 14 Days From Receipt, Confirmed By Recorded Delievery,

You Can Use The Addmin Of Justice And Protection From Harrasment Act To Claim Damages

 

Have You Checked Your Credit File For Any Naughties From These Cretins

 

And Yes An Instalment Plan Is Covered Under The Cca 1974 For Which You Would Need To Sign

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thanks for the encouragement, just i rang the court first thing and they are useless..... but will go in asap after xmas and get the correct forms.... is there a certain one for claiming damages for incorrectly threatening me over this so called debt?.

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Slowly Slowly

 

Check Your Credit File First

Wait For A Response To Your Complaint

 

You Will Need To Include What Damages

 

If They Have Defaulted You, Plan Your Hols In Barbados

 

I Take It You Have All Correspondants From The Insurance Co

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is there a certain one for claiming damages for incorrectly threatening me over this so called debt?.

 

No, the personal injury protocol doesn’t provide for claiming damages for threatening behaviour. You might want to speak to a professional on this point because there are no clear cut rules to monetarily quantify damages for receiving threatening behaviour.

 

The relevant section on the SWARB legal forums might be the place to find out more.


The next generation Nintendo Wii - the Nintendo Puu

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ok ill post all of my letters up regarding this, makes it alot easier

 

myletter.jpg

myletter1-1.jpg

 

second letter i sent them

secondlettera.jpg

secondletterb.jpg

secondletterc.jpg

 

then the invoice

CRSinvoice.jpg

 

these are the letters from the DCA

 

CRS1ST.jpg

replyletter.jpg

replyletter-1.jpg

CRSSLN.jpg

CRSNILA.jpg

 

I hope this helps, all of the DCA's letters arent in date order.

 

basically they were told to stop by lancaster ins, after i had sent MY second letter.

 

i will check my credit file and also see if they placed a ccj, but i doubt it as ive heard nothing.

 

Edited by sarnie2109
edit

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checking these jokers out

 

have you considered a complaint to the oft ove the threats on the 150 quid charges

 

totally illegal

cputr come into play on this one

 

checking them out now

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well for a start the company is registered in oldham

not halifax

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Public Register logo.dark.gif

menu_arrow.gifCRW

 

CCA Search :: CCA Search Results :: Licence Details

 

Application / Licence Details

 

 

 

 

Licence Number:0536459

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Credit Resource Solutions Limited4690879

 

Categories:

 

Debt collecting Provision of credit information services, excluding credit repair

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Credit Resource Solutions

 

Issued Date: 08-Jun-2003

Date Maintenance Payment Due: 07-Jun-2013

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePosition Andrew Mark Calvert Julie Calvert

 

Historic Individuals that run the organisation:

 

NamePosition Daniel Alexander EatonOFFICER Keiron Matthew TeatherOFFICER Richard Neill StringerOFFICER

 

Nature of Business:

 

Debt Collection Other

 

Current Address(es):

 

Address TypeAddress Correspondence1855 Building, Discovery Road, HALIFAX, West Yorkshire, HX1 2NE, United Kingdom Principal Place Of BusinessRousemount House, Rosemount Estate, Huddersfield Road, Elland, HX5 0EE

 

Historic Address(es):

 

Address TypeAddress Principal Place Of Business1855 Building, Discovery Road, HALIFAX, West Yorkshire, HX1 2NE, United Kingdom Principal Place Of Business46, Prescott Street, Halifax, West Yorkshire, HX1 2QW Registered OfficeLamb Lodge, Pobgreen Lane, Uppermill, Oldham, Lancashire, OL3 6LN

 

 

Dynamic.aspx?text=Back Dynamic.aspx?text=History

 

 

bkg.oft.gif

 

 


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Hi All

 

I have just called these people and I asked them ' are you allowed to pay a debt with a credit card ' which will effectivley put you in more debt.

 

They replied oh yes, I said really they replied oh we do it all the time???

 

I asked him,,I am owed money can you collect on my behalf ? he replied yes then went on to tell me how they do it...threatograms etc...

 

Dont believe it, he did'nt even ask who I was etc.

 

I bid him good day and hung up

 

Mr W


Regards..Mr Worried :)

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Hi All

 

I have just called these people and I asked them ' are you allowed to pay a debt with a credit card ' which will effectivley put you in more debt.

 

They replied oh yes, I said really they replied oh we do it all the time???

 

I asked him,,I am owed money can you collect on my behalf ? he replied yes then went on to tell me how they do it...threatograms etc...

 

Dont believe it, he did'nt even ask who I was etc.

 

I bid him good day and hung up

 

Mr W

 

 

You dont believe it?

 

I do

 

Considering the type of people that are employed by =such organisations

 

(nice work, BTW!)


omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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I too am having trouble with a DCA (Marstons) They took £270 of me for a debt my son didn't even owe (as proved by the courts after payment taken). They ensured me that if I could prove in court that my son was innocent & they return the original fine (£45) they will then return the balance. I only paid as they had lied to me & told me the above plus they threatened to take my goods if I did not have till generated receipts for them (most of my goods are bought 2nd hand as I am on benefits). I borrowed the money of a friend & missed loads of utility payments repaying the loan back to a friend. I have sent loads of letters after checking on the forum the rights of court bailiffs & spoke to a solicitor, all of which stste they overstepped the mark & lied, to obtain my money. The only reponse I got from Marstons was they acted legally.I was just about to go to the courts this week (although I dont know what to do or what to ask for) & lost my bag on the bus containing not just my Marston file with receipt but debit card, driving licence & bus pass. I thought that it I have no proof. Then I remembered they brought a policewoman with them who plods the beat in my area so I asked if she remembered the conversation I had, & she remembered it all & is willing to stand in court against them.

Any advice on what I do at the courts please & what do I need to ask for.

Cheers & wishing all caggers a merry xmas.

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Best You Start Your Own Thread Carnation

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checking these jokers out

 

have you considered a complaint to the oft ove the threats on the 150 quid charges

 

totally illegal

cputr come into play on this one

 

checking them out now

 

I made a complaint on the net, i sent all the letters posted above plus stuff from lancaster plus said i had about 8 audio telephone conversations of them lying on about 4 different counts.said they were over time holding my PData at time of my complaint etc ........ i got a reply from the OFT about 6 weeks later asking what it is exactly i want them to look into!!!:shock: jokers.

 

i phone OFT today and gave them an update today, chase up after xmas.

 

cputr ?? can you expand, blond moment:p

 

many thanks for your time on this!!

 

now again am i being stupid, and i appreciate the effort very very much.... but lol... am i meant to read anything into what your saying about the OFT web page on CRS. there addressing being different??

the guy today was a total Piers Morgan, he told me to speak to lancaster ins company........ i said why? i have a letter from them saying they washed there hands of it, the legal notices were sent to you and so was the invoice!... he said the case is closed its not with us, i know what your up to im ending the call..... i so wish i could post it up:D

 

 

many many thanks, if all this info ends up with me changing tactics well it dont matter so long as i get me piece of stinky DCA @ss :p

 

And learn a better way of doing it.

 

my reason for the invoice

 

is i was reading (6months ago) about charging for letters and calls, people have had success.... i have since added to the above notice's scan........

if you do not dispute these fees within 7 days from date of receipt of this notice you will be deemed by esstople to agree to these terms.......... then they are screwed!

 

and my lawyer used to charge a small fortune to speak to and for his pathetic letters, often covering half of what the previous one did:evil:

And my time is too valuable to me to waste on DCAs

 

 

many many thanks POST and others for your input

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bump!:p

hey postggj,

so do you think i have sent enough warnings regarding the outstanding invoice.

i forgot to post this one i sent last year.

 

noila.jpg

 

noila2.jpg

 

so do you think i should start applying at the courts now then, i mean ive given them 6 months to cough up, only called them once, as im much nicer than them:p

 

anybody else got any experience doing this, just i have so many other ones on the go, this is like my treat to myself for allowing them to give me grief:D but just not got 100% time to research it and as i say its more for fun really........ does that make me a bad person??? lol

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.............................................

 

You Can Charge Lip Rate, The Same As Sols

 

 

Sorry for a slight hijack of this thread - don't want to interfere with the process going on

 

but for "less knowledgable Caggers" such as me can you explain what "Lip Rate" is -- looks like a useful weapon against "Extortionate and unfair fees" from DCA's etc.

 

Thanks

 

Jimbo

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Sorry for a slight hijack of this thread - don't want to interfere with the process going on

 

but for "less knowledgable Caggers" such as me can you explain what "Lip Rate" is -- looks like a useful weapon against "Extortionate and unfair fees" from DCA's etc.

 

Thanks

 

Jimbo

 

Most simple court claims can be dealt with in person without the need of a solicitor. If however a solicitor is used, he can of course apply charges.

 

 

If you are NOT using a solicitor you are seen in the eyes of the law as being a " Litigant in Person" and for the preparation of the case you can ask the court to allow you fees ( in the event that you win of course) of £9.25 per hour.

 

This is referred to a LIP (Litigant in Person) fees.

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