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    • 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.    
    • 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
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nuke em

Being bothered by Debt Collectors/3rd Parties /Solicitors etc ? - SEND THEM THIS!

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If he sends me his address I will happily write some letters... watch him try and charge me :cool:

Be careful. I am now REALLY petrified. He also has multiple personalities. :D:D

 

bye bye, we'll all miss your input!

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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and why would i waste my time doing that, i have no contract with you for anything ! duh

 

You'd be amazed at my photoshop skills ;-)

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I might add to those watching this thread... nukem has failed to prove he received money from a DCA in the course of his endeavours. I smell something fishy... and it's not a certain employee at Turnbull Rutherford :D

  • Haha 1

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I might add to those watching this thread... nukem has failed to prove he received money from a DCA in the course of his endeavours. I smell something fishy... and it's not a certain employee at Turnbull Rutherford :D

 

 

i cant prove i have rec'd any money from the DCA's that i have targeted, 'cos i haven't. ( but i will be sending them a Statement of account at the end of this month) , whether they pay me my fees or not is secondry at this time

 

But the most important thing is that i'm not being bothered by them anymore, ie they have gone away, which if you had taken note & actually read my posts on this thread... is the point of the orig Notice sent to them in the first place . viz a viz to get rid of them, this is not being done as a money making scheme


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

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"I just say what I say because everyone is entitled to my opinion!"

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You'd be amazed at my photoshop skills ;-)

 

 

so you can forge wahoooooo, get a job in a financial firm


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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Nuke em.... you are starting to contradict yourself.

 

You picked at my post (81) and said that you weren't talking about going to court and then in the very next post (82), picked at the next person by referring to a court summons situation... :confused::D

 

Now you are saying it's not about money, when you letter/notice... whatever you choose to call it.... clearly states what you want in terms of financial compensation.... :confused:

 

Are you lost? ;)

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Nuke em.... you are starting to contradict yourself.

 

You picked at my post (81) and said that you weren't talking about going to court and then in the very next post (82), picked at the next person by referring to a court summons situation... :confused::D

 

Now you are saying it's not about money, when you letter/notice... whatever you choose to call it.... clearly states what you want in terms of financial compensation.... :confused:

 

Are you lost? ;)

 

I think he drafts the Witness Statements for HFO.

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just looking in do we have a fish


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Nuke em.... you are starting to contradict yourself.

 

You picked at my post (81) and said that you weren't talking about going to court and then in the very next post (82), picked at the next person by referring to a court summons situation... :confused::D yes, i was answering his silly post, & i just posed a question relating to his advice of "bin'ing the letter from a DCA"

 

Now you are saying it's not about money, when you letter/notice... whatever you choose to call it.... clearly states what you want in terms of financial compensation.... :confused: true, that is my threat back to them, remember they threaten us all the time

 

Are you lost? ;)

no, are you Edited by nuke em

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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I think he drafts the Witness Statements for HFO.

 

 

& i think you are a shrill for the Banks! et al


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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just looking in do we have a fish

 

not unless you have been to the fishmongers and have purchased some!


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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This guy is funny... wish I could play some more but I really must be off making a real difference to the caggers who need help on this forum and not some wierd David Icke style rant against the establishment.

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In answer to your question Nuke em.... yes, I am lost :D

 

Think you are too, but thanks for the entertainment anyway.... ;)

 

G' night....

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This guy is funny... wish I could play some more but I really must be off making a real difference to the caggers , we all await your leadership oh wise indebted one ! who need help on this forum and not some wierd David Icke style rant against the establishment.

 

 

seriously man, do some more research... you are (still) way behind the curve !

 

 


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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In answer to your question Nuke em.... yes, I am lost :D

 

Think you are too, but thanks for the entertainment anyway.... ;)

 

G' night....

 

 

 

I try to inform, that's all! sorry for trying!


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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Do research and learn - more sanctimonious pontification. I have learned over the past 3 years how to deal with DCAs and it didn't need a monologue or knowledge about contract law to do it. I have had £48000 of unenforceable debt written off and 7 defaults removed from my credit records by taking some very simple steps using consumer law, which is all you need. I am now in the position where I am on the verge of taking 3 banks and 1 DCA to court, one for theft and the rest for damage caused by unlawful defaults on my credit reports. I amended the advice given on CAG to suit each situation and give relevant responses to the DCAs. The DCAs have gone, the phone is silent and I am debt free. You have nothing to teach me about how to get rid of DCAs.Now I am helping others in the same way. If I had used your letter, I would still be back there up to my neck. I am hoping new posters ignore it and listen to the real advice given them here on CAG for effective solutions to their problems.

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We are sorry you tried to.

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I have had £48000 of unenforceable debt written off and 7 defaults removed from my credit records

If I had used your letter, I would still be back there up to my neck.

Posted in humour and hope you do not mind but, £48000 and 7 defaults and "I would still be back there up to my neck"!!!!! You must be at least 7ft tall :D:D Damn! I only have a £34,000 mortgage (which I do pay and in fact pay about 50% extra every month on top) and I feel like I am up to my eyeballs. :D:D Then again, I am only 5ft 7 :D


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Having been at the heart of the Cabot fan Club since 2006 and having been a big part of the process in the earlier days of Cag with many talented caggers I can assure people that the process Nuke em proposes has been peddled many many times before. (Mr Ton springs to mind).

 

To his credit, Nuke em's methods DID work in the early days when the dca's didn't know what hit them when their 'customers' turned on them with CCA requests, SAR's, complaints about their methods of calling, putting them to proof they owned the debts at all, exposing their array of companies they hid behind without the debtor really knowing any of their rights at all or having never even heard of the Consumer Credit Act. Even the staff of the DCA's didn't know what the CCA was and TBH it was quite funny watching their responses.

 

Times have changed now though and the Credit industry (which I have been closely acquainted with for over 30 yrs) are wising up as a necessity. They didn't to begin with, Debt collection was a free for all easy money job, but not any more because the consumer has been CAG empowered. I've read this thread with interest and peoples responses. The technically able, the wise, the not so wise and the plain daft suggestions and seen the incorrect information provided too, but the issue is much more serious and needs clarity whilst taking on board the nuisance factor letters and suggestions nuke em sends has on these dca's.

 

I wouldn't recommend writing anything like them myself these days, although I have done so in the past and I have attached an invoice to some for my time costs and stationery after warning the dca I would if they persisted wasting my time. I never got paid either, but what it does, legal or not, is to turn the tables on these people and turns the hunters into the hunted and it shocks them.

 

The debt collection staff pick on the easy targets generally because they are all on financial targets and commissions. If you become awkward and procrastinate with these kinds of letters you would have a good chance of being put to the back of the pile because you're hard work and unlikely to get anything out of in the short term so you are not an easy target. They move on to someone who does not give them grief and that's about as much benefit you'll get these days.

 

Nicks letter and assessment is sound, and most reasoned writers/debtors will want to write something they feel comfortable with which is not too much 'in your face' and confrontational. I'd suggest structured, legally correct and short and sweet.

 

We had a saying in the Fan Club ' Keep it Simple Silly' - KISS. We fought the dca's with the law, that was all. Use the law and you generally win (not always with all these daft Judges) but generally.

 

Priority One has seen it all before many many times. She is a hardened and well experienced cagger giving much learned advice not to be treated lightly. I can understand her frustration with Nuke ems approach, it's just old hat which has been peddled and peddled and gets people nowhere at all in the main. With this forum here to advise people how to take up the mantle themselves, often for the first time in their lives realising they should not be hunted and harrassed anymore, then we should try and make everything as informative, constructive and plausible as much as we can. There is a place for nuke em in the process, it works for him and some will like his style, I did, it made me laugh. He has said it's not for beginners so he is what he says on the tin, but it is a process well trodden and a trifle out of date. DCA's have changed their processes, their training and their response mechanisms. They have suffered more than many will realise over the past 2-3 yrs with massive staff cuts, cost cuts and profit reductions. The credit press is full of consumer backlash issues and how they can tackle them, yet when I first approached Credit Today - they laughed at what I was saying and doing in the Fan Club - they ain't laughing now.

 

I'd like to think this thread will continue being constructive as this too has a future to give good advice to people, lets not get personal though - that gets us nowhere....like my ole daddy said

 

" I respect your right to your opinion - but I beg to differ"

 

Keep up the demands for them to comply - that's all I can say.

Edited by andrew1
  • Haha 3

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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This forum is about helping others who are having financial /legal problems

and often don't know where to turn.

It is not about members point scoring and insulting each other. What lessons does that pass on- to newcomers especially?

 

Most of us have been harassed by DCAs or OCs which is why we ended up here in the first place. Nuke em some of your letter has merit and could be of help to those who are still afraid to fob off DCAs. But to include repealed legislation and doubtful tactics does not exhibit the mark of professionalism that would deter many DCAs-would it? I am pleased for you in situations where it has worked, but I don't feel it would put

many DCAs off.

 

What they don't like, from my experience, is having their breaches of the Law pointed out to them and threats of reporting them for those breaches should they contact again. Which is pertly what some of the others on this thread are trying to suggest.

 

Unfortunately, the thread has now degenerated to a position where it seems unlikely that it can get back on track unless the protagonists can agree to differ perhaps on Nuke ems original post and try and cobble out

a letter that comes closer to satisfying both sides.

 

Another way of dealing with DCAs is with humour. And it can be done in so many ways as listed on this long running thread that managed to avoid

unpleasantness-well between fellow Caggers if not DCAs.

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca.html

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Agree with every word andrew1.

 

Sometimes you just need to investigate everything.

 

Never act without the advice of experienced caggers because most avenues have been well tried.

 

I must say whilst I don`t agree with Nuke em in the main. He did awaken me to Securitisation. It made me do plenty of investigation on this.

 

I have had some quite nasty replies from the OC when I have asked them if the alleged account was the subject of securitisation.

 

The only way I have got rid of DCA`s is the use of time tested methods on here. Not sure if these will work any more.

 

Thus combined strategy is of the most importance. I do like the Nick approach.

 

Remember it is the DCA`s that are the enemy we fight not each other.

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As often, I'm with Andrew1 on this: the KISS approach is always the best. ;-)

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Another way of dealing with DCAs is with humour. And it can be done in so many ways as listed on this long running thread that managed to avoid

unpleasantness-well between fellow Caggers if not DCAs.

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca.html

There are a lot of ways of dealing with DCA's. As said you can be cheeky to them and have a laugh. You can also just simply expose their breaking of the law and threaten to complain. One complaint may be nothing. Thousands complaining the OFT has to do something. And when you complain do not just complain to the OFT, complain also to your MP. Draw to your MP's attention how it was discussed in the House of Commons and it is still going on. Refer your MP to the date on this thread and if need be also give him/her a link to the thread. Debt Collection (Consumer Credit Act): 22 Apr 2009: House of Commons debates (TheyWorkForYou.com)

 

Read some laws. If the DCA is breaking a law (such as the The Malicious Communications Act 1988 or the Consumer Protection from Unfair Trading Regulations Act 2008 especially items 3, 5, 6, 7, 8, 10 and 11) and if they have lied or done anything illegal to you refer to them that it is a criminal offence to have breached such laws.

 

My personal opinion is that too many want "templates" and a "short way out because I want to watch the telly or go for a pint". As said, do research and there are a lot of ways you can get rid of a DCA.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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As often, I'm with Andrew1 on this: the KISS approach is always the best. ;-)

 

She lubs me still :D:D you deserve a KISS - that approach always suited me too Bookie! ;)


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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