Jump to content


  • Tweets

  • Posts

    • just to clarify my point look at page 5 the right hand side black line to the right of the sig box is missing that sig info has clearly been copied and pasted by lowells on to that set of t&c's and if you look at other vanquis card CCA returns here on cag for that same set of T&C there has never been that box there anyway   Exhibit_NA1_(1).pdf
    • > they keep piling on charges and CRS are now chasing me for over £100. My membership was/is £9.99 a month. > So....am I at fault? Do I need to pay? You are not at fault. It is entirely their fault for making this whole process so difficult, and I'd love to seem them argue otherwise against any British judge. Have you ever met any other company who makes it this difficult to cancel a subscription? Probably not! Because it's a (sort of) legal grey-area. You owe them nothing. In what world does it make sense to charge a customer £90 for cancelling their (£9.99/mo) membership less than a month early? What other reputable company would do this? Nobody. This is not legally enforceable!     X4L/Harlands/CRS/Zinc are all part of the same group, and they all have absolutely zero legal power over you. They are not bailiffs. Nothing will happen to your credit and nobody will show up at your door. They will never dare take you to court, because they know that they stand no chance, but they might try to scare you. Pay no attention to this. You might get a few annoying emails/texts/phone calls, but do not answer nor reply to any of these - if you do, you're just giving them more to feed on. These people prey on vulnerable people who get fooled into thinking they're in the wrong. Ignore any and all communication with these scumbags.   Feel free to check out similar threads from 2010-2016 about X4L/Harlands/CRS/Zinc on this forum, you'll notice that every OP stopped replying after so long because these cowboys gave up on trying to steal money from them after they realised that they wouldn't budge. Their whole business is based on stealing money from innocent people. You'll be fine! Good luck. Keep us updated!    
    • looks like you still paid for ppi. {£236.03}   unravelling the crap in the letter it looks like your can make a PPI reclaim directly to welcome even though they were not GISC regulated, they are saying the underwriters were, but they cant say whom they were, but from other threads here it should be easy to work that out if needs be    so you had a loan of £2269.44 of which 236.03 was PPI   so ppi/loan*100=ppi%   236.03/2269.44*100=10.4%   so anything you paid 10.4% of it was for ppi so statint sheet time      
    • bang shot yourself in the foot why did you mention PPI in the sar request?  
    • Thank you for your response Eric's Brother. I have been out of the country and was told about this on my return. It is not clear yet whether the Company have paid this PCN. They have a flawed policy of paying these and asking questions later, even deducting the money from the employees wages if they don't get a response from the employee within a certain time limit. They couldn't have got a response from my daughter as she too was away on holiday which is why she lent her car to my son. I'm not sure this policy is legal ?. Anyway, I'm getting sketchy information in dribs and drabs. My son was visiting Wrexham for a one off event so is unable to get pictures of the car park signage or the ticket machine. I will get the image supplied by Parking Eye and post it up on here. Sorry for the incomplete information so far, but that's what I'm getting. Kids eh ?...no sense of urgency.
  • Our picks

saintalan

1999 SLC SCOTTISH 1a small claims Decree, now rebadged by shoes/eruido - think i'm stuffed?

Recommended Posts

Hello newby so please be kind.

 

 

I am and have always been in Scotland.

 

I had a student loan back in the early 90s.

 

I missed a deferment in the mid 90s and they enforced me to pay the whole lot.

 

At this point I stuck my head in the sand and moved house a couple of times.

 

I never heard anything and got a mortgage no problem in 1998.

 

I sold that house in 2006 and rented for a few months.

Got a mortgage at my current house in 2007.

Clearly never had any issues on my credit checks back then.

 

the SLC must have tracked me down (over 10 years on) as I started getting "statements for information only" from them on an annual occurrence.

They were clearly marked as "not a demand for payment". I therefore assumed they were statute barred.

 

Checked my credit reports recently and still nothing of any relevance.

 

Recently appears Erudio were sold my loan so I ignored their letter.

 

Today however I had a more threatening letter from Shoosmiths LLP.

They claim my account (The slc) is subject to a decree granted by the court. (No specifics).

 

Now I know of no CCJ/Decree.

Certainly none on my current file within the last 6 years as I have just spent a tenner checking.

Also getting all of my mortgages/credit etc over the last 15 years hardly suggests there ever was a court enforcement.

 

Can/do Erudio/shoosmiths try fishing with bare faced lies ?

 

I would prefer to ignore all correspondence but this one has got me slightly twitchy.

 

I realise their difficulties in enforcing even if there was a very old ccj/decree.

 

However how do I find out if such an expired document ever existed ?

 

Are they raised in the local court as to where SLC would have been chasing ?

 

If so can I contact someone ?

 

Many thanks

Share this post


Link to post
Share on other sites

Without knowing the name of the court and the claim number it would probably be impossible to find out if a CCJ was ever granted, especially if it's very old.

 

I would write to Shoosmiths saying you have no knowledge of any court action and, so far as you are aware, any outstanding loan would long since be statute barred and you are therefore not prepared to enter into any further correspondence with them or any other party.

 

I wouldn't even ask for proof at this stage - if they have it, they'll send it to you when they get that letter and if they don't they should leave you alone.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

But if I believe they are fishing I would much prefer to just ignore them.

 

 

Can anyone confirm that they do actually print blatant untruths and get away with it ?

Share this post


Link to post
Share on other sites

You are perfectly free to ignore them, and this particular firm are well known for relying on information provided by their 'client'

that may not be entirely accurate,

 

 

however personally I would prefer to put matters to rest once and for all.

 

 

There would appear to be no doubt that the loans are statute barred

and even if there is a CCJ it must also be way past the point where it could reasonably be enforced,

therefore even if they are fishing,

what are they going to do,

especially if you're letting them know you're not going to be scared into paying up by a letter from a solicitor.

 

On the other hand,

if you ignore they could try something else like issuing proceedings now,

which whilst easily defended would cause some hassle.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

I hope this helps you out, with regard to Student loans;

 

 

Loan Cancellation

 

Repayers can have their loans written off under certain circumstances:

 

Age write-off

 

The criteria where your student loan is automatically cancelled depends on when and where you took out your first student loan.

 

Scotland:

 

It will be cancelled if you:

 

took out your first student loan in or before academic year 2006/07, then it will be cancelled when you turn 65;

 

or

 

took out your first student loan in or after academic year 2007/08, then it will be cancelled 35 years after you became eligible to repay.

 

 

Borrower is disabled

 

If a borrower can prove they're permanently unfit for work due to a disability, then their loan could be written off.

 

Two items of evidence will need to be submitted:

 

A letter from a medical professional stating that "You're permanently unfit for work" dated within the last 6 months; and

Evidence of disability related benefits.

 

 

As you can see, the Student Loan will always remain payable until the above circumstances are met.

 

I also checked to see if you could go Bankrupt etc, to discharge the Student loan & bad news is you can't.


I don't suffer from insanity, I enjoy every single minute of it!!

Share this post


Link to post
Share on other sites

I believe the above only applies to the current style Student Loans.

 

Old style ones, taken out before about 1998, become statute barred the same as any other consumer credit agreement.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

I don't suffer from insanity, I enjoy every single minute of it!!

Share this post


Link to post
Share on other sites
You are perfectly free to ignore them, and this particular firm are well known for relying on information provided by their 'client' that may not be entirely accurate, however personally I would prefer to put matters to rest once and for all. There would appear to be no doubt that the loans are statute barred and even if there is a CCJ it must also be way past the point where it could reasonably be enforced, therefore even if they are fishing, what are they going to do, especially if you're letting them know you're not going to be scared into paying up by a letter from a solicitor.

 

On the other hand, if you ignore they could try something else like issuing proceedings now, which whilst easily defended would cause some hassle.

 

 

 

Hello many thanks for this.

As they have now taken to phoning me perhaps it is time to put this to bed.

Is there a template somewhere that as well as not actually acknowledging the debt, questions the right to collect it etc.

Also would be nice if I could sort of "threaten" them back with harrasment etc.

 

Thanks

Al

Share this post


Link to post
Share on other sites

I am a great believer in avoiding template letters - all they do is tell Shoosmiths you're basically copying someone else's thoughts and don't really understand the issues.

 

In this case I think a straight forward letter saying you have no knowledge of any court action and are of the belief that any outstanding loan would be long since statute barred. Also state you are not prepared to enter into any further correspondence nor discuss the matter by phone.

 

Don't make threats at this stage, you're hoping they'll just go away and leave you in peace. If they don't, that's the time to up the ante.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Thanks advice taken.

Simple letter sent off by 1st class signed for to shoosmiths.

I did also add that I did not acknowledge any knowledge of the subject matter.

Will keep you updated.

Share this post


Link to post
Share on other sites

Update a few months on

 

They have now proved there is indeed a decree from August 1999.

I note that the address is not 100% correct but that should not have stopped them getting to me.

They also sent a minute from said court that appears to Grant warrant as craved.

 

Now as this is 15 years old and there has been no contact apart from statements from SLC in the last couple of year

(Not demands for payment).

 

What is the advice.

The decree I had no knowledge off. I was still at that house for 8 years and had no-one chasing.

I can type out what shoosmiths said in full.

 

it says the Decree is subject to a 20 year prescriptive period so the account is not statute barred.

 

If no proposal for payment made in 14 days then they will be instructed to enforce the decree.

 

How do they go about enforcing a decree that is 15 years old

and no demand for payment has been made in those 15 years

(until the SLC sold the debt). ?

 

Should I make them an offer of pennies in the pound ? Ignore ?

 

Thought I should give a few more details that may help you work out what is going on.

The parts I find odd are the Date at he bottom of Page 1 and what the heck page 2 really is or means. It seems like Shoosmiths have "transferred the Decree" successfully/sneakily to Erudio !!

 

Page 1:

The original SECOND EXTRACT DECREE FOR PAYMENT

Sheriff Court ***** Court Ref *****

Date of Decree 20 August 1999 In Absence

Pursuers Student Loans Company Ltd

Defender Myself residing at ***** (Not quite correct address as they omitted the b in the number)

 

The Sheriff Granted decree etc

This extract is warrant for all lawfull execution hereon.

 

Date 4 November 2014 Sheriff Clerk Depute

Shoosmiths LLP Solicitors

5-7 The lakes.

 

Page 2 :

MINUTE

EDINBURGH[12th November, 2014 (hand written) ] in terms of section 88(3) and 88(4) of the debtors (Scotland) act 1987, warrant is craved for all lawful execution hereon in favour of Erudio Student Loans Limited, a company incorporated in England and Wales with *******, being the company to which student loans company ltd, assigned its interest in said decree in terms of deed of assignation and trust dated 15,19,20 & 22 November 2013.

 

IN RESPECT WHEREOF

Signed

Solicitor

Shoosmiths LLP

Edinburgh

 

Then handwritten below

Perth 18 November 2014

Grants warrant as craved authorising all lawful execution hereon at the instance of the said Erudio student loans limited.

 

Signed Sheriff Clerk Depute

 

Hello "reallymadwoman" really appreciate if you could answer my thread again as I canot pm you.

particularly in line with what you said below.

cheers

 

and even if there is a CCJ it must also be way past the point where it could reasonably be enforced, therefore even if they are fishing, what are they going to do, especially if you're letting them know you're not going to be scared into paying up by a letter from a solicitor.

 

On the other hand, if you ignore they could try something else like issuing proceedings now, which whilst easily defended would cause some hassle.

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

forget CCJ rules they don't apply

decree is for 20yrs

 

BUT I don't think they can be transferred or sold

 

so unless rodeo/shoes were on the decree

don't think they can do anything.

 

can someone go check please. I'm tied up.

 

can you please scan up the letters above

need to SEE them

 

.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Many thanks for your attention.

I will endeavour to get the docs on here in next 24 hours.

Share this post


Link to post
Share on other sites

so they have got the decree changed to their name

 

I think sadly you are stuffed.

 

Scottish nor any law is my strong point mind.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Hello so if I am stuffed what would your advice be.

 

It seems like they got the decree transferred extremely easily !

 

Presumably they bought the debt for peanuts ?

 

 

Should I offer peanuts to settle ?

 

How do they execute the decree as no effort has been made in 15 years ?

 

I presume there is 100% no way this can ever appear on my credit history as is over 6 years old ?

 

Is requesting a SAR from SLC worthwhile ?

 

 

even as a stalling tactic.

Edited by saintalan

Share this post


Link to post
Share on other sites

its not with SLC so's not their bag anymore.

 

I'm hoping I can get the Scottish crew to pop in

 

sit tight for a while

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Hiya,

 

As dx has already said they have already transferred onwnership which is very easy to do and therefor within rights to seek payment.

 

They can seek enforcement by any which means, most likely you will receive a charge for payment unless you have received this already?

 

This, if not responded too, allows them to make and attachment to earnings or bank account.

 

How much different is the payment to what they are asking for to the original amount?


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites

Hello IdaInFife

 

What suprises me is the SLC were not chasing for payment.

They were statements for info only.

This is not a demand for payment.

Why did they not try harder ?

 

I do not have any of those statements as stupidly they appear to have been binned.

 

Are you saying this lot have bought a 100% solid repayable loan for a pittance and spent a few quid transferring ownership ?

 

If we assume the owed amount is correct what would you suggest ?

Any reasonable information request I can do to stall for a little while ?

Ask where the balance comes from/statements etc ?

Am I obliged to let them know of all my incomings and outgoings as well as my partners ?

 

On the figures they are looking for a balance of £3209.19

The original decree appears to be for a sum just lower than this when expenses added.

Why would it talk about interest at 19.5% per annum from 16 April 2002 ?

 

Certainly as nothing I can remember has ever been paid no interest can have ever been added.

Lets face it 20% per annum accumulated for 12 years would be 1000s

 

If the advice is to make an offer do you have any experience of what is reasonable.

Offer to pay the whole lot over x months ?

Offer a partial settlement ?

 

I really need to write to them this week.

Share this post


Link to post
Share on other sites

I must say you are really really lucky the have not added the interest.

 

The SLC are notorious at being slow chasing up the debts but they will be aware they have a decree so will know that they can take their time.

 

I would be biting their right arm of to get this settled to put it to bed before they remember to add the interest.

 

There is no reason not to offer a partial settlement if you are in a position to do so but just remember when doing so the full and final settlement included that they can not then come back for the rest


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites

Thanks again.

I have been deep in the loft and managed to find a SLC Ltd statement form September 2011.

 

It reads this Statement is for information only and is not a demand for payment.

Balance £3240.92 of which £31.73 are Admin charges.

 

Rather interesting that 3 years on Shooosmiths/Erudios balance is exactly £3240.92 minus £31.73 = £3209.19 !!!

 

Just a couple of final questions before I consider my response.

 

1. Is it fair that any reasonable person would imagine receiving statements and not demands,

would assume that they did not have any method of enforcing payment (No decree) ?

I know it is not relevant now of course.

 

2. On the back of the SLC statement 2011 it says you will repay your loan in 60 monthly instalments.

Is it therefore reasonable to offer this lot circa £64 a month with no additional charges to be added. Paying it off in 60 months.

 

3. Would a full and final settlement of say £1500 need anything else to back it up or is it just a case of don't try don't get ?

 

4. Whatever finally happens even if they have to chase me down

is it correct that this debt can never show itself on any credit report as the decree is 15 years old ?

 

5. Is it reasonable to deal with them on the telephone or unsafe ?

 

 

Do you need any further info ? Cheers

Share this post


Link to post
Share on other sites
Thanks again.

I have been deep in the loft and managed to find a SLC Ltd statement form September 2011.

 

It reads this Statement is for information only and is not a demand for payment.

Balance £3240.92 of which £31.73 are Admin charges.

 

Rather interesting that 3 years on Shooosmiths/Erudios balance is exactly £3240.92 minus £31.73 = £3209.19 !!!

 

Just a couple of final questions before I consider my response.

 

1. Is it fair that any reasonable person would imagine receiving statements and not demands,

would assume that they did not have any method of enforcing payment (No decree) ?

I know it is not relevant now of course. nothing can be gleamed by that

2. On the back of the SLC statement 2011 it says you will repay your loan in 60 monthly instalments.

Is it therefore reasonable to offer this lot circa £64 a month with no additional charges to be added. Paying it off in 60 months. your choice

3. Would a full and final settlement of say £1500 need anything else to back it up or is it just a case of don't try don't get? correct

4. Whatever finally happens even if they have to chase me down

is it correct that this debt can never show itself on any credit report as the decree is 15 years old ? - correct

5. Is it reasonable to deal with them on the telephone or unsafe ? you ALWAYS need a papertrail

 

Do you need any further info ? Cheers

 

 

I'd let ida reply too

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Just to sort of update this thread.

 

I sent a formal letter offering full and final payment of £1500. I also offered option 2 from above. I sent no financial details.

 

I sent this well before the deadline of 14 days.

 

Typical I suppose 4 weeks later and NO response.

 

I assume they cannot just jump onto attempting to take payments without me knowing ?

 

They don't know who I work for or have any bank details etc.

Share this post


Link to post
Share on other sites

Update so feel free to comment or advise on my proposed course of action.

 

Finally got a reply.

 

We write to advise our client is unable to accept your offer of £1500 in full and final settlement of your borrowings.

 

In the absence of an increased offer of payment that is satisfactory,

then serious consideration will be given to any realistic proposals for payment by instalments.

 

In order to assist we enclose an income & expenditure blah blah.

 

14 days to make a satisfactory proposal or we anticipate being instructed to enforce the decree.

 

Now I am NOT filling in an income form.

 

My plan is to now offer £1600.

 

They do not state what is acceptable !!!

 

Maybe I should just write and ask.

 

Maybe I should point out my 50pence in pound offer is far more than they will have bought said debt for.

 

Maybe I should do a SAR ? or is that a waste of time in that they appear to have proven the existance of the decree.

 

Suggestions please ?

Share this post


Link to post
Share on other sites

we anticipate being instructed to enforce the decree......

 

yea yea yea...we believe you!

 

an SAR wouldn't hurt

but to what end I wonder

it could pull up some wonderous thing that gets the decree nulled..not sure if that ever happens mind.

 

or

 

all it would do is confirm a balance that in all effect, is immaterial to a short settlement.

 

I'd like to see other s comments too mind

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...