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    • Name of the Claimant ? Erudio Student Loans Ltd   Date of issue – 9th Jan 2020   Particulars of Claim   What is the claim for – the reason they have issued the claim? 1.The claimant claims £10,100 for monies due from the defendant   2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows  XXX XXX XXX XXX   3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements.   4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX was also applied upon assignment 5. The claimant has complied with the Pre Action Protocol for Debt claims.   What is the total value of the claim? £10,100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent to my home address   Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form.  I did notify The Student Loans Company Ltd about my address change though. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans   When did you enter into the original agreement before or after April 2007 ? Before.   Do you recall how you entered into the agreement...On line /In branch/By post ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   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. It says that the debt was assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember   Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them.   What was the date of your last payment? I've never paid     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not   This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address.  I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.
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old HFC Debt - now with TBI - Claim Form Received.

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Have a read of a non-compliance court success here

 

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thanks ims

 

next step - i need to see if postal order is cashed then

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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ok i have had my SAR now

 

alot of it is jargon print offs to be fair

 

i will do the sums for the loan and try figure it out

 

can you remind me which spreadsheet for front loaded PPi for loans

 

and which spreadsheet for credit card PPi

 

that i need to use

 

many thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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good evening -

 

well this has ben sold/assigned to another DCA.

 

what is the best course of action? please read post #45 as that was not answered and also now this in the hands of another DCA even though my CCA request wasnt signed

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Good evening.

 

One DCA was chasing me for a debt - i sent them a CCA request a few years ago

 

they sent and unsigned credit agreement, some DD mandate with different dates on and some knock up statement.

 

The default has dropped off CRA files.

 

I think its isnt stat barred though i made a payment being naive and wasnt sent all details or proof etc.

 

Is an unsigned agreement failure to comply? I didnt write a letter to place in dispute and they have been sleeping dogs for a long time.

 

Now i have another DCA writing to me demanding all the payment.

 

what should I do now? since the default has gone, i dont think its stat barred but no signature on agreement.

 

so I write to new DCA and place in dispute? tell them the default has gone? I'm not sure what to do

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Start again with a CCA request. This time, follow it up by disputing the account.

 

Obviously the last DCA saw the folly of what they had provided or you would have been hounded to hell and back.

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cheers

 

so an unsigned agreement is not compliant then? it would have been from 2004 ish


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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cheers

 

so an unsigned agreement is not compliant then? it would have been from 2004 ish

 

Not necessarily - but the T&Cs may have been missing or something else was wrong. The behaviour of the previous DCA indicates that is was not compliant.

 

Either way your tale will not win much sympathy with the new DCA. According to their view, you have had a response to a previous CCA request and the account is not in dispute. You are, therefore, fair game from where they stand.

 

Nope - start again. CCA request to the new DCA. When you get a response, post up what you get for advice on whether it is enforceable or not.

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thanks I will do that then.

 

Keep you posted.

 

at least the default has gone! and that cannot be put back on


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Hi, well this was passed to DML so I sent them a CCA request. I have received a letter from TBi's in house "solicitors"

 

letter reads

 

were are in house solicitors who are due the sum of £XXX under the above agreement.

 

Our client company passed their file to DML to collect this debt on their behalf, however we have been forwarded a copy of your letter to them requesting a copy of the agreement in accordance with section 77 of the consumer credit act 1974. we are surprised that you have requested the same, as our client company previously provided you with a true copy of the agreement in 2010.

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983. We also refer you to the high court decision in Carey V HSBC (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

 

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

 

 

OK - "agreement" has no DATE - NO SIGNATURE - NO SIGNATURE on behalf of HFC bank on it.

 

DO i need to send Failed CCA letter? them seem pretty sure of themselves even though its not even signed??

 

thnks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Hi, well this was passed to DML so I sent them a CCA request. I have received a letter from TBi's in house "solicitors"

 

letter reads

 

were are in house solicitors who are due the sum of £XXX under the above agreement.

 

Our client company passed their file to DML to collect this debt on their behalf, however we have been forwarded a copy of your letter to them requesting a copy of the agreement in accordance with section 77 of the consumer credit act 1974. we are surprised that you have requested the same, as our client company previously provided you with a true copy of the agreement in 2010.

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983. We also refer you to the high court decision in Carey V HSBClink3.gif (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

 

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

 

 

OK - "agreement" has no DATE - NO signaturelink3.gif - NO SIGNATURE on behalf of HFC bank on it.

 

DO i need to send Failed CCA letter? them seem pretty sure of themselves even though its not even signed?


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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That was poor advice IMO, to have sent another CCA request, one is all that is required, now you have fallen into the letter tennis trap.

 

Not to worry,

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.
Your words or theirs?

 

If this isn't on your credit file, then you should have just left well alone.

 

IMO, I would just send them this letter as your final response to the matter, and tell them that you will not entertain any further protracted correspondence from them.

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Edit to suit, and send it 2nd class but obtain 'proof of posting' from the PO counter which is free.

 

P.S. When did you take this agreement out?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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its from 2004 ish

 

Cough up was just abreviated...

 

the rest was their words.

 

the default has gone for this.

 

so whats the deal with the forms having no date, no signatures?

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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AFAIK and can remember, the agreements pre 2007 need to be an 'actual' copy of the original agreement, and not just a recon, although they can issue recon's this is not good enough should they decide to take legal action.

 

Do you know when you actually made the last payment? This would help immensely as to the next course of action.

 

I am inclined to say leave well alone after that letter, or even now perhaps, as they would need the original to take action. TBH if legal action was going to be taken then they would have done so years ago, and unless this circus outfit actually own this debt, then they can't do anything other than send you their puerile empty threats.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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2008 i think.

 

i had some paypoint card so cant find the actual date. around that time


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Print that off and wait for their next missive before sending it, see what their next threat letter proposes to inflict on you.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ok thankyou

 

so sit and wait then? dont fire this off just yet

Who should i write to now? the solicitors of the first DCA who just wrote to me or the new DCA i sent the request?

 

ta


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Ignore the first DCA yes. I assumed that you had originally sent them a CCA request, they replied with a recon? You ignored them, and now they have passed it on to DML (debt managers Ltd???) Who you sent a second CCA request and they have replied with the above missive from Tbi Solicitors ?(Tilly Bailey & Irvine??)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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david jones solicitors, who claim they are TBI's in house solicitors. 2nd CCA recently was sent to DML and they have not replied and passed it back. Now david jones are writing to me


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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We also refer you to the high court decision in Carey V HSBClink3.gif (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.
Quite true, but for agreements before 2007 they need the original agreement, not a recon, to take it to court.

 

They love quoting Carey but forget who was the claimant in that case.

 

Listen to BB.


Illegitimi non carborundum

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thankyou BB and zydeco


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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what is this also?

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983
A bit of bedtime reading,

 

http://forums.moneysavingexpert.com/showthread.php?t=2080173


Illegitimi non carborundum

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Right so this is doing the rounds, classic case of a dodgy debt.

 

There is a letter you can send to Sols who threaten legal action when the account is already in dispute, but for some reason it won't allow me to access it??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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