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

[unclebulgaria67]

Appears there was no period of 6 years without payment or acknowledgement  ?

 

@patterns the exact dates in October 2008 and October 2014. Was there 6 years clear ? Or is another period relevant to stature barring ?

[dx100uk]

I think patterns is mistaken in Oct 2008, says in sev posts did not defer after sale to erudio , the loans were sold to them by the govt late 2013, so last would have been 2013 to SLC directly , as 100's of others here .

 

Dx

 

 

[patterns]

@dx100uk 'their' letter to me stated my last deferment was October 2008, it is their own admission of this date, my last deferment in realty was probably 2013 to SLC yes indeed, as i was deferred at the time.

But the letter from them in 2019 after i disputed their terms sent to me in October 2014, stated my last deferment was 2008 and as of 2016 my debt is now terminated.

But so how have other 100's of 2013 cases proceeded?

@unclebulgaria67 the letter from them just states October 2008.

Dx is right they bought the debt in 2013, was assigned 27th march 2014

They wrote to me first time on 20th October 2014 with a new terms to sign and this is when i disputed.

My first response to them disputing the new terms and forms and subsequently sending the original deferment form was 27th October 2014

i think this would therefore mean there was a clean 6 year period where there was as stated by them no communication.

Their letter dated 19th jan 2019 states my loan terminated November 2016 (ignoring my letters precious) then states my last deferment was october 2008.

So by their own admission thats an 8 year period

Timeline:

- assigned 27th march 2014

- letter from erudio with new terms sent 20th october 2014

 - i disputed 27th october 2014

- continued to chase and dispute, ignored me

- erudio replied in november 2019 saying my loan was terminated in 2016 and my last deferment was october 2008

- claim begins

Seems SB?

At the same time if not and i can get Tomlin terms altered i would be deferring until the loan expires anyway.

In any case im not sure to proceed to court on not, would this just be down to the subjective opinion of a judge?

Your advice would be appreciated

Thanks again all

correction:

- erudio replied in 19th January 2019 saying my loan was terminated in November 2016 and my last deferment was october 2008

[dx100uk]

On 10/06/2019 at 00:54, patterns said:

Name of the Claimant ?  Erudio student loans limited

Date of issue- 3 june 2019 

 

[unclebulgaria67]

Your witness statement therefore did not correctly state dates.

You need to be very precise when stating anything legally.

If you are certain  it is statute barred, then no reason to accept Tomlin. 

[patterns]

Hi UB thank you,

in what way?

as in the full date?

[unclebulgaria67]

Yes full dates.

 

I thought you tried to defer in October 2014 ? Did you send a dated deferment document ?

[dx100uk]

we've never seen, be it loan card or any claimform thread, a claim of sb 'lost' just because a letter was written. + a claimant cant ignore something, then suddenly say 6yrs later , we got this letter, look it's debt admittance, cant be SB'd just because it now supports their possible narrative.

 

i also cant see them honouring 50yrs old or 25yrs since loans-  write-off either, something smells here about this tomlin, but i cant put my finger on it....

 

dx

[patterns]

Yes i did with my first response to their first letter to me in october 2014.

i should amend that in my WS and put exact dates

I guess what im asking is should i proceed with court or negotiate Tomlin?

They have emailed me again today, i

have until the 25th as this was when the court requested the pay for the hearing fees

And either way should i reply? They have asked for me to confirm what i intend to do

@dx100ukHmm yes i hear you, i agree doesn't make sense, maybe they are trying something on

you're saying i go ahead with the SB?

Should i reply to their recent email to me?

[dx100uk]

they are simply trying to save the hearing fee cost when they know they will lose.

and ofcourse 

 

....what are they doing with your email? how did they get it? they dont know you'll read them. begging...

 

IGNORE

[unclebulgaria67]

We are not going to make the decision for you, by telling you what you should do. But I don't think you are expecting that.

 

Try to reduce risk, by making sure there are 6 clear years without payment or acknowledgement, before you decide to ignore.

 

 

[patterns]

@unclebulgaria67 Thank you yes i understand that, im just trying to establish the weight and merit of the SB position in court and what your thoughts were as to whether this was SB or not. I was inclined to negotiate the tomlin but i cannot see how this is not SB based on their letter to me

The main weight of the case rests against their letter to me that states my last deferment was in October 2008. My letter to them was dated 27 Oct 2014, which is 6+ years. I never previously acknowledged anything from them. I got a SAR from SLC. I think the SB comes down to a technicality on their behalf by admittance in their letter to me

Once again thank you! after 9 years its understandable to have deliberations but i agree what is the purpose of their desire for a tomlin to reinstate an account which wont get them any money unless yet again they play underhand tactics like they did before. plus Andy pointed out errors in point 1, and also where was i supposed to sign? seems very odd

I think SB stands

NB. they have my email from the requested means of correspondence by the courts during covid, we had to email WS etc to the other party. So should i be responding you think to show some merit to the court, or is that irrelevant?

[patterns]

Hi all,

Just an update, Court letter received today:

Upon the court noting that the claimants failure to comply with civil procedure rule 27.9 (1) and noting the contents of the email dated 24 August 2022 seeking approval of a draft order.

It is ordered that:

1. The claim is adjourned to the first open date after 28 days mainly November 2022

2. The claimant must attend or comply with civil procedure rule 27.9 (1)

27.9.1 is the non attendance of a hearing, so im not sure what they mean by attend OR comply with 27.9.1

Would the email draft order be the tomlin order or something else?

I just looked at the previous letter from the court after the initial application hearing, im lucky they didnt attend and adjourned this because i didn't see or forgot there was a hearing on 7 september!!

This things been going on for years now and ive just made it longer, i got confused, thought i would get another letter with a date. Had i attended and they didnt, would this have been struck out? Dammit, i've put the next date in my diary now though

Anything i need be aware of or do now apart from make sure my WS and bundle are delivered on time and actually attend!?

 

[AndyOrch]

If a party is not to attend a hearing it must serve notice on the court and you the defendant that it will not be in attendance pursuant to CPR 27.9.1

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

Failure to comply with this order could mean the claimant is prevented fom relying on written evidence (statement/docs) and only allowed to give oral evidence......or the court can even strike out the claimants claim...so all good,

 

Andy.

 

 

 

.

.

 

[patterns]

Phew thanks Andy!

 

Ill be ready for the hearing and send the bundle in time!

[patterns]

Hi Guys,

 

Hearing is tomorrow, drydens only sent me the witness statement and reply today and by email! The court letter clearly said hard copies and no later than 14 days before the hearing. Can i bring this up to the judge?

[dx100uk]

the pitfalls of using email, that you should have cut off months ago.??? did you ever?

 

just tell the judge you did not get their WS till xxx by email. you must object to it as inadmissible and against judges orders of xxx date and either get the hearing rescheduled or get the whole claim struck out.

 

are we going to see it?

 

i'm not probably around to help tomorrow either....i'll try.

 

[dx100uk]

any news

[patterns]

Sorry for the late reply, had a very long shift at work and not long woke up

hearing was in the morning, i saw your reply but didnt have time to respond, thank you DX.

All in all it was successful:

Judge said my limitations and SB argument wasn't accepted, but also they failed to provide their WS and bring last minute case evidence.

Neither of us had much opportunity to speak and based off the last hearing notes which neither of us attended,

Judge granted that the deferment continue as it should have been (essentially the tomlin order).

I'm deferred until this time 2023 lets see if any funny business from erudio when it comes to renewal. its agreed to be on my original terms. i'll wait for the court letter but also be sure to send my deferment on time.

Having a look at erudio site, seems they cleaned up their act a bit, you cant see the form as its online but the guide states the terms are those based on your original loan etc (attached in case anyone wants).

im presuming if need be i can call and speak to them as normal human beings maybe wishful thinking lets see.

Was very fast to be honest, was surprised about the sb being denied but i didnt want to push it, it seemed much was decided before i walked in, or maybe my lack of experience in court. Looks like mine are written off at 65 so i have some way to go and will probably have to start repaying at some point, but the outcome could have been worse i guess

Thank you all for your help, been a damn long journey and couldn't have done it without your help. i will update once court order arrives and if anything from erudio. Not sure what happens next but erudio will need to send me a confirmation im sure

Erudio How to Guide 2022 - 2023 Final.pdf

[dx100uk]

no write off is not 65! for any of your loans... they are old style

25yrs since take out of last loan or 50yrs of age basically.

 

and NO you do NOT use their deferment forms - or dont HAVE TOO.

remember the org SLC forms are on this forum

 

so the claim was dismissed really, as you've been allowed to defer.

 

dx

 

[patterns]

Essentially yes!

I have the form from this forum, but is there anywhere that actually states the original form is allowed?

Both you and i were looking for that but we could'nt find the official source again.

Otherwise im sure the same will happen... i send old form, they say not accepted, i get defaulted.

And thanks for clarification, i just saw the other post below and commented.

checked the reconstituted version of my terms, indeed its 25 years or etc as you say.

Alot of false info online.

My debt will be wiped in the next 3 years so worked out ok in the end

ive attached a good quality scan to help others

Blank SLC agreement.pdf

Just trying to clear up the clarification of being able to use the old style SLC defer forms 'officially'

If you click on the link for the forms here

https://www.consumeractiongroup.co.uk/topic/401608-original-slc-forms-for-deferment-here/ and then follow the next link

https://www.whatdotheyknow.com/request/assessment_of_deferment_applicat#incoming-562041

you will see a letter response from a legal exec at SLC stating:

"Please refer to the attached documents - the Deferment Processing Manual, quick reference sheet, and deferment
application form - which are used by staff in the processing of deferment applications. Please note that these documents only apply to deferment applications processed by SLC. Any deferment applications processed by the private sector fall to be processed in line with the debt owner’s own processes and guidelines."

i then found a report on FOS

https://www.financial-ombudsman.org.uk/decision/DRN4678958.pdf

The officer states:

 

"It’s fair to say that Erudio has changed some of its administrative processes since it first took over Mr A’s loans. These have been based on their experience of managing student loans. For example the direct debit mandate is now optional and they have changed the amount of information required from someone applying to defer their loan. So I believe this process should now be easier for him. I’m sure that they will provide him with updated documentation so he can now complete that."

Another complaint i think from a poster here i read about:

https://www.financial-ombudsman.org.uk/decision/DRN-3234840.pdf

Rejected complaint, slightly different circumstances because he says he never got the forms and only sent in payslips, but the FOS made the comment:

"I can see Erudio wrote to Mr C in March 2020 to invite him to make his deferment application online. And they wrote again to Mr C in April 2020 to remind him about his deferment application and enclosed a paper copy of the form for Mr C to return"

And later:

"I can see Erudio had offered Mr C the option to complete the deferral online when they wrote to him in March 2020 and in later letters. So although Mr C says he didn’t have access to a printer, I don’t think it’s likely he would’ve needed this as he could’ve completed the application online."

I never managed to find any evidence of being allowed to use the original form? unless people here are actively and successfully doing it, i think its important to clear that up for everyone.

The FOS does state the DD is optional though.

Apart from the DD i cant see issues with completing the online form, worst case cancel the dd or give them an empty savings account dd that cant go overdrawn. Erudio state clearly in their guidelines the original terms of your loan still apply.

i did find The Education (Student Loans) Regulations 1998

https://www.legislation.gov.uk/uksi/1998/211/made couldn't anything relevant

Will scout some more but thought this is useful

[dx100uk]

Well bottom line is if you are happy with erudio forms, then no issues. But you don't have to use them, you could use the SLC ones,

 

I have not heard of a refusal to accept them. Indeed SLC do still carry out referrals directly for some ex students and ex pat's, as they remain administrators even on sold account s 

 

Dx

[patterns]

Definitely rather not and follow your trusted advice for sure, i just dont want to get myself in a headache.

its a year away so ill post back closer to the time. ill update once papers come through also

Again sincerest thank you for everything

[honeybee13]

Thread reopened.

 

HB

[patterns]

Hi Guys,

After the court order,  ive heard nothing from erudio. The order gave them 28 days to notify me

2 weeks ago i received further arrears notices as before

Would the courts do anything here, or shall i just send my deferment with supporting documents?

By court order im deferred until end of august 2023, it's getting close to having to submit deferment, which is 3 months in advance i believe?