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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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Please help!! I've just received a letter from the above saying that I owe them £ from a student loan I took out in 1994 - 97. I have had zero contact with anyone about this since at least 1999, and they say they will not accept monthly payments but want the money within 21 days or they will come round and recover goods! I am in a state. I'm afraid i did foolishly call them as wanted to sort this out, but have been reading that I shouldn't have phoned. Can they do this??

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in a word, no they cant do this, they are not bailiffs, stop calling them and wait for thier next begging letter


PGH7447

 

 

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should I send them a letter telling them it's staute barred and quoting relevant legal comments?

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They actually put in writing that they would come to your house and take your stuff??

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The letter states *DO NOT IGNORE THIS NOTICE, FURTHER ACTION WILL BE TAKEN TO RECOVER THIS DEBT INCLUDING AN AGENT ATTENDING YOUR PROPERTY OR LITIGATION* When I called i said we did not have the money, she said perhaps you can sell something or ask family, I sadi we can't, she said well do you want 21 days to find it? I repeated, we do not have this money, she said ok then I'll tell my manager to start recovery. I then said I cannot speak to you at this moment. It is ridiculous and then put the phone down. I am worried sick :|

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****, I have blown it by admitting it exists haven't I?

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OK, stop speaking to them on the phone. If they call again TELL them to put it in writing and put the phone down. Acknowledgement only counts if you pay or put it in writing.

 

Their letters are designed to scare you into paying, don't be scared. Send them a letter stating the debt is statute barred and you won't be paying. Someone will be along to post a link to the letter template soon enough.

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Thank you. I am actually in tears here.

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Dry your eyes! They are sub-human **** and rely on fear to collect debts.

 

Chin up and feel safe in the knowledge they CANNOT touch you.

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If you didn't defer, make a payment or written admission of the debt for a clear period of six years (five in Scotland) it is Statute Barred... end of. ;)

 

Send this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred


Anthrax alert at debt collectors caused by box of doughnuts

 

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Thank you so much. I feel such a moron for phoning them but then I wanted to try my best! I've never had such a horrible response -It's frightening and I'm not usually scared off by such things... I'll send the letter (not signed by hand of course!!) and see what happens

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The CAG mantra is never speak to these people on the 'phone, everything should be in writing.

 

If they do 'phone you must refuse to speak to them and demand that they communicate in writing only. These telephone monkeys have a habit of saying things they would not dare commit to paper. ;)

 

They may come back and say a phantom payment has been made which would prevent it from being SB. The onus is still on them to prove it & provide evidence of by who, when & by what method any alleged payment was made.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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but can they use that I offered on the phone to try to come to an arrangement as a reason to wipe the 6 years?? if you see what I mean...

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but can they use that I offered on the phone to try to come to an arrangement as a reason to wipe the 6 years?? if you see what I mean...

 

No, they need written evidence. They could have spoken to anyone. ;)

 

Besides, if there was any clear period of six years it would be SB. You could admit it in writing, tattoo it on your bum & display it in Harrods window & it still wouldn't unbar it... nothing can.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Oh God, I've now been told by someone that pre 1998 student loans aren't covered by the 6 year bar, but it's 25 years plus they will not write it off if nothing has been paid off it. Basically, I never paid anything, and never even got a chance to defer as no-one has been in contact with me about it since around 1999. I am seriously scared again!!

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The 'old style' loans pre Sept '98 can/do become SB after six years. They are confusing the 'New Style' post Sept '98 which doesn't. ;)


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Vir prudens non contra ventum mingit

 

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