Erudio claimform - old SLC loans - stayed - now N244 **WON SJ refused**

[AndyOrch]

" Received the county court claim in the post today. "

 

  Claim form is the N1 

[patterns]

Right apologies!

 

so im going to do a CPR 31.14 request as this is a student loan pre '98

 

i wont complete the N1 form at this stage including income expenditure etc, im going to answer fully tomorrow and compile the CPR 31.14 which im understanding should be addressed to Erudio (claimant)

[AndyOrch]

Just complete the link I posted for now and lets have all the details before you do anything

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Name of the Claimant ?  Erudio student loans limited

 

Date of issue- 3 june 2019   

 

What is the claim for – the reason they have issued the claim?

 

1.     The claimant claims £7404.94  for monies due from the defendant

2.     That was personal to regulated agreement between the defendant and the student loans Company Limited. Each agreement have an individual account number as follows: xxxxxxxxxx xxxxxxxx xxxxxxx xxxxxxx xxxx

3.     The defendant failed to make payments as pertimes resulting in the agreement being terminated. Notice of such is served by default or termination notice subject in terms of the agreement.

4.     That was assigned to the claimant on the 22/11/2013, with the notice provided to the defendants. A new master reference number xxxxxxxx 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?  £7404.94

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  I am not sure what this means. I didn’t receive a claim before the PAP no only threats of such.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No

 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Student loan pre 1998

 

When did you enter into the original agreement before or after April 2007 ?  YES 1997

 

Do you recall how you entered into the agreement...On line /In branch/By post ?  POST however I believe documents were signed and returned to the university office, I cannot recall

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?  No it is not applicable for such as pre ’98 loan

 

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. The debt was originally taken with the student loans Company and has been assigned to a erudio student loans

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?  NO

 

Did you receive a Default Notice from the original creditor? NO was not defaulted whilst with SLC

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Yes I believe so from the assigned owner Erudio

 

Why did you cease payments?

Payments technically never began as I was deferred since leaving university with the SLC.

In 2014 my debt was passed to Erudio, I sent my usualy DAF and they sent me a letter stating I needed to sign their new DAF.

 

After research on CAG I didn’t sign and sent the DAF again with an accompanying letter stating the FOS agreed the original SLC DAF was applicable.

No response after 2 letters.

 

Another letter came stating I had not made payments and am in arrears.

At this point I requested CCA and SAR from SLC and CCA from Erudio.

 

SLC replied erudio did not.

They did not comply to the 14 days from my request.

 

Eventually CCA reconstituted was sent.

 

The date of the loans are 97, 98, 99 and 2000

 

HOWEVER - of all the CCA's,

there is a few things

- only 1999 and 2000 are signed the others are blank,

1998 only has the DD section signed,

only 1999 is signed by an offcial from student loans.

DAF SLC sent on advice by my CAG thread.

Nothing

 

- Every year notice of deferment was sent and I sent back and DAF. 

2017 debt passed to CAPquest

 

- Erudio eventually replied and the matter went back an forth with them stating I was in default but not responding to the my note of the FOS agreeing they should accept the SLC DAF.

Finally I threatened a complaint and they wrote requesting for the outcome of said complaint.

No response to my DAF dispute

 

- 2018 passed to allied international credit was advised ignore but DAf sent as usual yearly

 

- late 2018 passed to drydens Fairfax, following PAP letter sent.

 

Responded to PAP under CAG advice with CAG PAP and disputing debt because should be deferred, requesting documents etc as per CAG PAP response.

 

2 Letters received back.

First states account on hold whilst they look into. £1 PO for CCA sent back stating this is no longer required??

 

The Second stating Under the terms i can no longer defer and the full amount is repayable.

Again not accepting my SLC DAF

 

- Another PAP sent again from Drydens? As advised by CAG sent the PAP form along with a complaint note demanding they adhere to my deferment. Same letters as above sent to me.

 

- I wrote to erudio also.

Erudio replied telling me that they investigated the matter and that my last deferment was 2009!

i dished out a letter from them stating my deferment ended in 2014!

interesting... seeing as thats when all this kicked off as the whole reason behind this is they wouldn't accept my original SLC deferment.

 

Slight contradiction here. CAG advised if so this would be statute barred.

 

- march 2019 another notice of claim being passed erudio to drydens

- June 3^rd 2019 CCC

 

What was the date of your last payment?  A substantial time before all this if at all I cannot recall. I Had been deferring successfully with SLC until it transferred to Erudio.

 

Was there a dispute with the original creditor that remains unresolved? Not original creditor no. I was deferred successfully and upon the debt being passed to erudio they refused to accept my DAF and wanted me to sign their new version. The dispute began

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?   N/A

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement. Yes I have a re-constituted CCA and SAR requested from OC

 

Also RE: CPR 31.14

The link says to send it to the claimant yet drydens are listed below the CCC form where is states 'address for sending documents and payments (if different)' and in the box is drydens not the claimants details. So am i sending to Drydens or claimant address?

 

Thanking you all again in advance for your support

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[patterns]

Thanks Andy, done - 'Your acknowledgment of service was submitted' so all good.

 

drafting the CPR 31.14 now an will send tomorrow

 

Just to confirm, you wrote:

 

'you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] '

The filing of the defence IS what ive just done in MCOL correct?

 

i discard the paperwork received?

 

apart from CPR 31.14 there is no further action for me to take but await a follow up letter from the courts or email reply?

[dx100uk]

no - you just did AOS.

 

no - you keep it for ref.

 

no - 'you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] '

[patterns]

Ok right my apologies the final page in the claim pack sent is the defence form to complete and post back. I shall begin tomorrow compiling

 

How shall i propose this defence, is my summary above good enough? any key pointers or things to include here. Advice would be welcomed so im not going down the wrong road here

 

Im presuming my main defence here is regardless on my dates of last deferment being 2014, erudios final letter to me states to their knowledge my last deferment was 2009 and therefore statute barred? in which case:

 

I see DX100uk posted on a similar issue

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

 

In which case confirming it is 100% SB is the letter i have, no more information is needed in defence? i have never signed a letter to them and have only sent responses as agreed in CAG or SLC DAF. Just want to confirm my defence grounds are enough, solid and correct. its just this would contradict some of their other correspondence hence i just want to be sure not to add about my DAF to them and constantly being ignored even though i was within my rights for teh DAF

[dx100uk]

nice to see you are ahead of me.

 

you don't use the paper pack

 

you can file the defence on mcol

the same as you did aos.

 

but...its not due till day 33.

 

dx

[patterns]

Awesome and nice to hear from you!

 

Right i double checked my last statement on my student loan SAR pack was late 2013 FYI. But just double checked that letter erudio sent me just FYI ill write it back here word for word, even though im sure of the answer:

 

"We can confirm your student loan terminated in x November 2016 due to the outstanding arrears balance.

Presuming this refers to them as i supposedly never contacted them

 

Your last deferment ended on October 2008 during this period, as your account was not in deferment your contractual monthly payment became due, however as your contractual monthly payment was each month arrears began to accrue on account.

My SLC SAR clearly shows i was deferred up to 2013 when transferred to erudio.

 

Due to us being unable to gain successful contact with you, a notice of default and demand in full were issued and your account was subsequently terminated and exited the terms and conditions

Our back and forth communication proves otherwise

 

Please be advised your complaint under investigation and you will see was sent via formal complaint team shortly"

Never been replied to

 

Sorry, Im just double checking here to make sure ive given you guys all the correct info. Shall i still proceed with the defence SB as stated previous post?

 

 

[dx100uk]

the exact date of your 2013 deferment is the one we want.

 

you do not file your defence yet...

 

it is not due until day 33 from the date top right on the claimform..[that date is 1 in the count] so...its due?

 

 

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So that date at the top of the form is 3rd June 2019

[dx100uk]

so what date is the defence due by...

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I filed AOS so presuming now its 28 days plus 5 days of 3rd june?

 

Which means 5th july? i am going through my SLC statement now to see my date of deferment in 2013

Edited June 10, 2019 by patterns

[AndyOrch]

Friday 5th July...before 4.00pm.

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I cant find where the 'exact date of my 2013 deferment' is?

 

I have from SLC SAR:

1 - Customer activity

2 - Balance statements

 

The customer activity statement shows the last 2 recorded logs:

in sept 2007 - 'reg daf, adv we accepted and letter in the way'

in sept 2008 - 'adv we have not yet received letter sent in, adv should update within a week or 2'

in dec 2014 - erudio statement requested

 

This is probably why i received a letter from erudio stating my last deferment ended in 2008? According to SLC custiomer activity my last deferment was 2008. However:

 

The balance statement shows up until 1/3/2014 and slightly confusing:

- consistent entries of 'deferral - repayment due processing' last one is on the 1/2014

- after which 1/3/2014 - 'balance adjusted - debt sale balance'

- inbetween there are a few 'repayment due - backdated deferral'

But thats the make up of my balance statement apart from monthly interest. So it seems im deferred and last deferment im presuing was around May 2013 ending in May 2014 as thats when erudio sent me their first letter and the deferment dispute began. Seems sales transfer to them was in march 2014.

 

So im not sure technically where my last deferment lies as the customer activity shows nothing after 2008 until erudio took over, and the statement seems to show im deferred until Jan 2014 with the last 'deferral - repayment due processing' reference?

 

If there's a more accurate data i need to get please advise. i cant see the exact ;ast SLC DAF date, but hope this helps

 

ALSO: FYI my SLC SAR only shows:

- customer activity

- balance sheet

- CCA's all signed (limited t and c's slitghy different to what erudio had whch i posted up in this thread)

- There is no copies of my SLC DAF's

Edited June 10, 2019 by patterns

[dx100uk]

if there is no hard evidence in the sar from slc regarding deferment that you can see, then neither can erudio

if you wish scan up the sar to ONE multipage PDF 

read upload and we'll take a look.

[patterns]

Right so you want the entire contents of the SAR? its quite a lot of pages but no problem at all give me until this eve or tomorrow max so i can compress them

 

Only evidence the statement shows is the balance entry 'deferral - repayment due processing' last one is on the 1/2014

customer activity statement shows in sept 2007 - 'reg daf, adv we accepted and letter in the way'

NO DAF forms in SAR

 

Docs1.pdf

[dx100uk]

udocs1 in above post.

to me its SB'd

but can you please clarify What you said in post 90

 

My SLC SAR clearly shows i was defered up to 2013 when trasmferred to erudio.

 

WHERE??

[patterns]

HI

 

My SLC SAR clearly shows i was defered up to 2013 when trasmferred to erudio.

 

By this i meant the balance statements themselves that kept showing the consistent entries of 'deferral - repayment due processing'

 

To say 'clearly' was probably incorrect of me i apologise, this entries doesnt necessarily mean it is deferred it could have meant it is due to be processed im not sure. From what i can see also its SB. Its just the balance statements threw me off as they seemed to be showing i was deferred, SLC never chased me and i kept sending the DAF every year.

 

But then again the SAR activity and erudios letter both state/show last deferment ending 2009

 

So you agree SB?

[dx100uk]

I do

if SLC have nothing then that's the only source erudio have too

 

id file the sb defence

[patterns]

Awesome, i'll compile and post here just to double check

 

Thank you again!

[patterns]

So ready to post this defence. Having looked at what you wrote for the other thread:

 

-----------------------------------

1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[ total amount?]  or any other sum, or relief of any kind is denied.

-------------------------------------

Is this correct and thats all?

 

can i attach this printed off to the claim form or must i write on the form itself?

 

Do i just send the defence page or the first page titled 'claim form' also?

 

Im going to post to the court address shown on the first page as i cannot see another address

[dx100uk]

you do it on MCOL as you did AOS

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oh! ok cool! will do tonight