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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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sabby1978

Erudio using state benefits, refuse deferement, i want to go to court over this

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Paul Lewis is supposed to be discussing Erudio on Radio 4's programme You and Yours

at 12pm today.

 

He has also tweeted that he particularly wants to hear from people whose accounts have already been debited by Erudio when they shouldn't have been. Am not allowed to post links because I haven't been a member of this forum for long enough, but his Twitter name is paullewismoney

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He recons you need to sign the form, child benefits etc will be counted, you need an active direct debit, and deferred loans will be reported to CRA's

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Erudio is pretty much arrow global but using a different name. They will use every trick in the book to get money


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..

 

 

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If you don't sign it there is nothing they can do ......they cannot put a mark on your CRA file unless you sign one of their documents as there is no contract between you and them. Remember only the Original Creditor can affect your CRA unless you sign this obligation over to Eruido by signing their form.

 

What i found strange about Paul Lewis is that he sought all his answers from the lions den ....if he had sought some independant legal advice then his Eruido favouring conclusions might be somewhat different. IMO

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What i found strange about Paul Lewis is that he sought all his answers from the lions den ....if he had sought some independant legal advice then his Eruido favouring conclusions might be somewhat different. IMO

 

Yes, I thought that he was 'playing it safe' by avoiding criticising them. It could well be that this is because he works for the BBC, who seem reluctant to criticise anything to do with the government. However, I think that more of a fuss should be made in the media about it, as this could be something which has major implications for students in the future when more of the student loan book is sold off. I was disappointed that, although Paul Lewis said it was 'worrying' that some people's accounts had been debited by Erudio even when they were entitled to defer, he didn't say what could be done about this.

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What else do they expect a DCA to do? Theyve basically given a DCA free reign over millions of pounds.


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..

 

 

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But if you dont sign, your deferment wont go through by sounds of it. They can't mark your credit file, but you would be in default and they could surely then demand payment in full, ccj etc etc

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And yeah - he certainly sounded like he was towing the BBC line. Hopefully get a more useful conclusion from Martin Lewis.

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Rosskie, i would recommend putting account into dispute by sending CCA which i understand you have already done? By disputing account you do not need to defer.

 

One other thing, they will not get a CCJ either as ........you guessed it! ......they are not the Original Creditor.

 

Please remember DCA 's are not the same as Bailiffs et al as they have no direction from the courts and they will not come calling at your door. They will though torture you by telephone if you dont tell them to communicate in writing only. They will then provide you with endless amounts of fire starting material.

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Yeah, my accounts on hold, I dont have to worry!

 

I've got a feeling I know what your going to say here... But, surely they aren't completely powerless when it comes to non paying individuals?!

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But, surely they aren't completely powerless when it comes to non paying individuals?!

 

Most DCA's are as they cannot comply with even the simplest of requests or legalities.


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 2nd what Renegadeimp has said above and why i would ignore the advice as given by Paul Lewis,

for a so called financial expert he apparently knows absolutely nothing about DCAs and their powers ...

...because they have no power and the courts are aware of their dirty tricks

which in any normal society would be viewed as extortion.

 

They will however lie and state that they will do this and that but if they do ....

...when they do, call their bluff and watch them back down.

 

Your SL debts were seen as 'bad debt' and they are getting very close to their 25yr life.

 

The Gov decided to write them off and claim as a tax write off by selling for peanuts.

 

They sold them to the only bottom feeders that would touch such non performing debts .

...the DCAs and they know that the majority of these debts are unenforceable,

but they will operate outside the law by attempting to enforce them regardless.

 

Unfortunately some will cave in to their demands.

 

However, the one example thread here is the thread where the lady stated

that she was facing having to give up her job so that she could continue to defer!? .....

 

.This needs to be brought before an MP as it goes against the Gov policy

of getting people off benefits and into employment.

 

A gov approved DCA is forcing a working woman to leave her employment and go on benefits. ..

......this cannot be right, never mind legal.

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I'd like to add to your post warren.

 

Some DCA's DO have rights, but normally only when they own it

AND have the required paperwork needed to collect it,

or if they are a DCA that are acting under instruction of a government agency, such as HMRC.

 

For general consumer credit though, it's rare that they can do anything.

 

Most try though and thats why a lot get default judgements.

 

The DCA then becomes complacent and issues them like confetti (Lowells, i'm looking at you here).


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've been deferring mine for years, for this government to sell them off cheap to their buddies.

 

Just got the forms to send back.

 

They have said I must give them DD details to get deferment,

and I must send the forms to them at least 8 weeks before the deferment runs out.

 

Well there is no way I am giving my DD details to a DCA especially Arrow Global.

 

As for the 8 weeks bit; are they taking the ****?

 

The form wasn't even sent until April,

 

there is not 8 weeks between my getting the form and when my deferment finishes.

 

I know if I had finished the course a couple of years earlier the debt would have been written off when I was 50,

 

I pretty sure it will be when I am 60 but can't find a copy of the old agreement.

 

I'll have a look though if I can find 20 odd year old paperwork.

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I agree that you shouldnt set up a Direct Debit - ask them for THEIR bank details so you can pay by online transfer.. that is if you are intending to pay of course !


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It's not a case of not intending to pay.

 

It's a case of not able to;

although I must admit I find it abhorrent that one is expected to pay for an education,

especially when it is considered that those in the government had their higher education funded by grants.

 

I took my degree to better myself.

Although at the time I also had a naïve hope that taking a degree may give me a chance of getting back to work despite being physically unable to.

 

A4e and several heart attacks later put that idea out of my mind, and made me settle for a life of filling out deferment forms and writing letters to DCAs.

 

As you say, anyone that does get paid does so via standing order. The actions of the utility companies taught me this.

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Found out it will be written off when I'm 60, only 3 years to go now. That said I just found something that should meant it was written off years ago.

 

 

Also, as to what counts as income. Disability benefits were not counted, now they are. In fact continued receipt of disability benefits should have seen the debt written off.

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Is this the same Paul Lewis who was advocating and shouting from the rooftops about the new increased student fees to £9,000 were great and do not look at them as loans but a tax. I cannot believe that man saying student loans were great. My son is going off to uni this year and I can't tell you how worried I am and I feel our students have been sold down the river for a quick buck,.

 

I wish you all luck with this new debt collector and string them out

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Anything happen with the CCA request here? I am just sending mine off. This NOA seems very official - which I have too, wondered if it counts as a CCA at all?

 

Before reading about Erudio on here, I had paid them blindly, over £50 a month, through my DMP. How daft do I feel....

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Are Erudio, still using DLA/PIP mobility components to calculate iincome, as in regarding High Rate DLA as available income even though it is being paid to Motability?


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i really hope not!

nothing as a result of DLA should ever be used

 

 

dx


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i really hope not!

nothing as a result of DLA should ever be used

 

 

dx

I think it needs a recorder phone cal to Erudio to find out, as they seem to be bending the rules.


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Hi all, thought that i would give you an update since my original post and get some further advice from you all.

 

I made a CCA request in March and have only just got a copy of the credit agreement

i suspect that i only received this because they made a complaint to the Ombudsman about Erudio's conduct,

they continued to write to me making demands for money,

they also say i now have £800 worth arrears which i feel is not the case because the account was in dispute.

 

they want £186 per month from me,

there is no way i can afford this,

my salary is only £900 per month.

 

 

Under the old SLC i would have been able to defer but under the new system my Housing Benefit takes me substantially over the threshold.

 

 

I know that under the sale of the loan no-one should be worse off

but to be honest i cant deal with the drama of deferring every year

i think that I am going to offer to pay £25 per month,

will they have to accept this.

 

 

Also;

1) can i refuse to sign any forms they request me to sign

for example i want the SLC to remain the original creditor

and not sign anything that would transfer this to Erudio

 

2) Do I have to provide them with direct debit details to make this payment

 

3) I am happy to provide income details but do I have to provide expenditure details,

I am only agreeable to supplying rent and childcare costs

 

3) If they reject my offer what can I do to challenge them.

 

I thank you in advance for your support and advice

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Brassnecked, they should NEVER EVER use DLA. Report them to ombudsman if they do.

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