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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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Snufflegrunt

Cash4Phones - got CCJ against them..should i use bailiffs to enforce it...

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Strange, my system has no mention of a name change at present.

 

I do note that C4P HOLDINGS LIMITED (Company Number 07474171) is being dissolved and appears to be linked.

 

Their address is:

 

Unit 15 Gateway Mews

Ringway

London

N11 2UT

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They have changed legal address and directors again.

 

@admin, can i post director, name, dob and registred address?I have posession of them. Also name of main shareholder (owner).

 

Full new company details:

 

Yemonia Limited

Reg number: 06300042

 

Suite 21, 5 Spring Street

Paddington, London

W2 3AQ

 

Directors have changed 16 times since march 2010 and they have changed there trading address 4 times, and 2 name changes (previously Smokin Cruises Limited, c4p Trading Limited).

 

Old addresses:

 

till 09/03/2013: 2nd Floor, 43 Broomfield Road, Chelmsford

till 11/01/2011: 4 Broadgate, London, EC2M 2QS

till 21/10/2011: 30 Crown Place, London, EC2A

till 06/12/2013: Unit 15, Gateway Mews, London, N11 2UT

current: Suite 21, 5 Spring Street, Paddington, London, W2 3AQ

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I have filed a court claim against the company cash4phones on 11.12.13, should it of been made against the company rather than the trading name?

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You need it against the CEo really. THe company simply ceases trading, the guy runs off and creates another company.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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i have already filed against cash4phones though, think it should of been the company name yemonia limited, hopefully this will be enough for action. Not sure if i should simply fill in another claim form?

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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.

 

I wonder if that is why the directors change from one day to the next?


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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.

 

You need to be very careful about who you claim against and make sure it is the right entity. You can't just claim against the Director/CEO as he wasn't liable.

 

You could end up with costs against you for an invalid claim, even if it is in the small claims track.

 

If you have issued against a trading name then the case could well be struck out and is likely to be unenforceable.

 

People really should do their homework before embarking on legal claims. And renegadeimp should know better!

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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.

 

There is no previous company. It is just a name change. It is the same company.


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You need to be very careful about who you claim against and make sure it is the right entity. You can't just claim against the Director/CEO as he wasn't liable.

 

You could end up with costs against you for an invalid claim, even if it is in the small claims track.

 

If you have issued against a trading name then the case could well be struck out and is likely to be unenforceable.

 

People really should do their homework before embarking on legal claims. And renegadeimp should know better!

 

I disagree with this. There is sufficient evidence of wrongdoing - to pierce the corporate veil.

 

People should think about issuing a claim against Yemonia, the trading name and against the directors personally.

 

However the only address for the directors seems to be outside the jurisdiction.

 

However I expect that a court would be quite happy to consider that the papers are well served against the directors at their registered address.


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I disagree with this. There is sufficient evidence of wrongdoing - to pierce the corporate veil.

 

People should think about issuing a claim against Yemonia, the trading name and against the directors personally.

 

However the only address for the directors seems to be outside the jurisdiction.

 

However I expect that a court would be quite happy to consider that the papers are well served against the directors at their registered address.

 

As it is the same company number (name change only) I agree with that point and the addition of the company name can often be done by way of an N244 application to the issuing court. It may be prudent to include the company number in brackets - Yemonia Ltd (Co. No 123456) t/a cash4phones.

 

However there is no right to add the Directors name personally. The company is 'Limited Liability' for hat very reason. Issuing against the Directors too is an abuse of process. You could never enforce against them.

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Could not the enforcement measure to call the director to court to explain his financial circumstances be used in some way ?. I went down this route with my landlord so as to cause him max embrassment but in the end he paid up before.

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Technically yes, but you do not need to name the Director on the claim to do this.

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In fact I am probably using the wrong term - piercing the corporate veil - but anyway, I would name the director personally on the claim as a second defendant.

 

It is up to him if he wants to defend. If he does, then he can come to court - which will beinteresting. If he doesn't then you can start to stack up judgments against him as well - because so far, he is squeaky clean


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Bankfodder, I trust you will then help the Director when they complain on here that an Enforcement Officer is pursuing them personally?

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If the directors want to break cover then I am sure that we can arrange a welcome for them.


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The same thing thing has happened to me sent my HTC one x off in early November it passed all of its tests and I was told I would be paid within 5 days 3 weeks later it was still saying payment pending now I find that the company has changed it's name and can't be reached. I've found out the company directors name and I use that term loosely I prefer [edited]****** and if you Google it it not only comes up with his [edited] face on facebook but it also facts about his business dealings so here it is Nearchos chacholiades you are an [edited] happy hunting folks hope it helps !

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Hi henrycat.

Apologies for 'modifying' your post. We have to be careful what appears online.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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