Was 1997 Student Loan under my 2010 Bankrupcy? - Erudio now chasing

[dx100uk]

just send the CCA request as is

 

 

dx

[dx100uk]

three threads merged

 

 

dx

[heidda]

Just had my SAR from the SLC and

 

 

it included all of the signed CCA's for the student loans.

 

 

I sent a CCA request to Erudio over 6 month ago and received an acknowledgement letter

saying they would send the CCA's in due course but I have had nothing from them.

 

 

It did mention in my SAR that Erudio contacted the SLC for documents.

 

 

Now that I know the SLC have the signed CCA's it's just a matter of time before Erudio produce them.

 

 

I keep getting arrears letters from Erudio and

 

 

now I have received a letter saying I have 14 days to contact them.

I have pasted this letter onto thread.

 

I last deferred my loan in 2013 so it wouldn't be statute barred till 2018.

 

 

What action can Erudio take against me at the moment?

 

 

What will happen when they do produce the CCA's?

 

 

Could they potentially CCJ me?

 

 

I take it the debt would be enforceable?

 

 

Thanks

Edited November 24, 2014 by heidda

[dx100uk]

good grief Is that the kind of crap threat-o-gram they are sending out

 

 

that's pathetic!

 

 

if, if, if, may, could, may, might, instructed,

 

 

only the OC can default a loan

 

 

dx

[heidda]

Thanks but if only the OC can default me then what difference does it make if Erudio produce the signed CCA documents or not? What more rights does that give them?

[dx100uk]

NONE!

 

 

that's the whole point of what CAG is saying. re post 32

 

 

as long as you don't sign any the new agreement

 

 

dx

[heidda]

Thanks DX.

 

 

What makes a CCA enforceable,

 

 

how do you know if a CCA is enforceable

 

 

and what exactly does enforceable mean?

[dx100uk]

well you have the original in your hand already you indicated? [sLC SAR return?]

 

 

so until/if arrows forward that themselves to you they can go away off.

 

 

and so Those terms and conditions apply

as you've not signed a new one with arrows.

 

 

dx

[heidda]

Heres an update of what has been happening with Erudio recently.

 

 

I received my 6 monthly statement and

it says I made a £10 payment to one of my loans which is complete nonsense effectively resetting the SB clock.

 

 

This £10 must have came from the SAR request but how did Erudio get hold of it?

 

 

I sent the SLC in Glasgow a SAR request few month ago and sent this recorded.

The SLC received this the following day according to the track and trace service

but there is a letter included in the SAR dated a few weeks from Erudio stating that they received this SAR

and no money was enclosed in letter!

 

 

This letter was addressed to the SLC.

The SLC then sent me the SAR along with a £10 refund apoligising for the delay.

 

 

So how did Erudio receive my SAR if the SLC received it the following day? Very strange.

 

 

It seems the only possibility was that SLC sent them the SAR once they received it

then Erudio sent them it back minus the £10 using this to pay towards one of my loans

then the SLC refunding me this. Am still waiting for my CCA how can they get away with this dodgy tactic?

[dx100uk]

hoho how unusual

 

 

hoe did you pay?

 

 

dx

[heidda]

It was by postal order. I still have all details etc. Not bothered cashing in refund cheque from SLC yet.

[dx100uk]

scan the receipt ask SLC by letter where the PO is please and you wish it returned

 

 

dx

[heidda]

Sorry dx. Last information was wrong. Can't find the receipt for the PO but have photo of cheque which has cheque number etc. Also just realised that I have accidently cashed the cheque from the SLC.

Edited December 28, 2014 by heidda
Incorrect entry

[ericsbrother]

an "error" that is all to common in SB cases.

 

 

You will need to ask them about the payment,

 

 

how it was made,

what date,

how was it banked etc.

 

 

They will normally not be able to supply the correct information and have to admit an error

[heidda]

I received my CCA stuff from Erudio a few days ago.

 

 

It contains all my signed forms etc.

 

 

Does this mean the debt can now be enforceable?

[dx100uk]

you need proof of the payment details as eric has suggested

 

 

dx

[heidda]

I've not contacted them about those 'error' payments yet DX. Thats just Erudio sending me my CCA request stuff which I requested 1 year ago. It contains all my signed loan agreements etc.

[ericsbrother]

then demand proof of payment and how it was made, when , who by etc.

[heidda]

I will be demanding that information from them shortly. Was waiting to see if they sent my CCA stuff first which I have now. Just have to check over it and compare to SAR.

[heidda]

I have just received a Notice of Default letter from Eurdio. I have attached a PDF of both sides of this. It says that if I don't contact them and clear my arrears they may take me to court. Is this just one on Eurdios churned out threat letters? Has anyone else received this letter? I don't know whether to take it seriously and unsure what it means. Any info on the subject would be great.

[dx100uk]

How old is the loan

When did you take it out?

What are their previous letters they talk about?

 

 

DX

[dx100uk]

Threads merged yet again

 

Please keep to one thread

 

I suggest you go to post. 1 and re read this thread

It appears this has already been answered?

 

Did they comply with the CCA request yet?

 

DX

[heidda]

Sorry for starting new thread.

 

 

I should know better by now.

 

 

Won't happen again.

 

 

Yes, they did comply with the CCA's and I received all the ones which I had signed years ago.

 

 

My first loan was taken out in 1997.

 

 

I sent them a letter asking about a payment which appeared on my statement which I did not make but still no answer from them.

[dx100uk]

ok so we need to resolve this mystery payment issue then

 

 

then the matter should be resolved as it would be sb'd?

 

 

dx

[heidda]

I last deferred my loan with the SLC around 2012 so won't be sb'd for a while yet. Since then only communication I have had with SLC or Erudio was the CCA and SAR request. I will send another letter today about the mystery payment.