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Erudio - Sent me my slc CCA - now Court Claim


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If you could post a copy of your statement in response here for easy reference.

 

Andy

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Okay just a few minor adjustments......they have lifted the stay so your references to the stay being denied should be removed and refer only to their application for summary judgment.

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Why has the debt being already statute barred at the issuance of the original claimform all but disappeared?? And you now relying upon unsigned cca's as your main point?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

HI Guys,

 

Hearing was somewhat a success. i wrote down as many points as i could

 

1- SJ dismissed

2 - List for trial after 28 days - small claims track. so sadly no strike out.

3 - All evidence to be relisted - submited under one trial bundle by the 'claimant', served 14  days prior, to be agreed by defendant 7 days before trial

4 - No order for costs thus far. Trial will be a different matter

 

Overall good news, although my case was strong and was really hoping for a strike out.

The judge didnt have a copy of my WS or bundle, only the previous WS from Erudio side. I was allowed to pass WS and 1 or 2 exhibits over.

I mentioned 3 times SB but it was not discussed any further. The other party was trying to twist words but i corrected ever point. He kept pulling the argument back to the fact i admitted i had loans with SL, that i didn't submit my defence in time (wrong), that i was not entitled to defer because my last defer was 2008 (wrong again). Was just a weak argument.

 

The Matter of CCA wasn't really discussed either even thought i went through each point, other party kept trying to move the conversation around. Tbh i dont think it helped the judge didnt have my bundle. Maybe this hearing wasn't the place for all this.

 

My point 12 in my WS really helped. It backed my point that i had been denied deferment. erudio sol was asked if they had proof they had sent me a copy of a form, they did not. The 2 links above of articles where erudio makes a statement to moneysaving and the guardian, they failed to attach forms and defaulted 100,000s students, really helped prove my point. Although it could not be proven i was one of those students.

 

However final comments were:

- if we can work together to mediate, and if in light of this, as an exmaple - the claimant would be willing to accept a deferment now.

- if i can provide stronger evidence from either FOS or im imagining cases/evidence etc, that erudio has been at fault of not supplying forms, better than 2 articles.

 

So i guess i need to prepare maybe a stronger case here, maybe some more detail. Any advice is welcomed.

 

Point 3 Above - not really understanding this? As in i must submit my WS and evidence to the claimaint only by when and if they miss something out how do i challenge that? I dont want to get this wrong or rudio to try not submit some important aspects of my bundle.

 

I will probably write to drydens, as 'recommened' by judge, to show i have tried to enter back into a deferment/mediate. I think it may help strengthen my case at trial. Unless you think not to? It seemed like the final comments were 'suggestions' to me. Overall the judge was very pleasant. Ultimately im a student who was denied my rights, i just need a stronger case.

Im just surprised the SB or CCA wasn't carrying more weight here. Again maybe because they didnt have my bundle prior.

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well surely a deferment 'now' is irrelevant as the debt was and remains SB'd so there is nothing to defer and nothing can unbar a debt, not even a judge as far as i'm aware?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I hear you loud and clear pal. I was just as surprised the hearing went this way. The 1st thing i said was about SB in the first instance. i came back to this 3 times. i even have a statement showing last payment 2007, and default wasnt until 2016.... 

 

im stumped, but i went with the questioning and reenforced each point over and over. Maybe i should have pushed my point more, but i didnt know if i could interupt. After i had spoken on 3 rounds it was concluded.

 

What was also strange was the usher told me to talk to the other party, it was actually written in the hearing letter. I asked why and was told it is good to communicate before hand to see if you can resolve, or it can be frowned upon. All very new to me. But i may well go and attend some civil hearings actually. I need to be very prepared for this.

 

is there anywhere that states officially by FOS that the previous deferment form was acceptable?

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you most certainly should not enter into 'little chats' before any court hearing, smile walk away.

 

not sure what you mean about deferment forms, if you mean the 'new' erudio one (from their inception and purchase of these 'debts' en-masse 2013 after the gov't sake) , they were castigated by the FOS for some of the required info that differed from the original SLC Form, and were told to revise it. they did. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Well done.....dont forget this hearing was only to look at their application for Summary Judgment and whether they could get judgment without the need to proceeding to a full trial... a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial.(CPR 24.2)  it failed...if they fail an application for SJ the whole basis of their claim is on shaky ground.

 

Summary judgment applications should not be used as a mini trial of issues. A Claimant must assess whether the legal and factual issues raised are complex and whether there are real and genuine issues of fact which ought to be tried and also consider whether there are documents or facts known which might afford a complete or partial defence to the claim and which are disclosable at the trial stage. If so, summary judgment should not be sought.

 

Well done.

 

Andy.

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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1 hour ago, dx100uk said:

you most certainly should not enter into 'little chats' before any court hearing, smile walk away.

 

not sure what you mean about deferment forms, if you mean the 'new' erudio one (from their inception and purchase of these 'debts' en-masse 2013 after the gov't sake) , they were castigated by the FOS for some of the required info that differed from the original SLC Form, and were told to revise it. they did. 

 I did not forget any or your words :) infact they were ringing in my ears..... i was polite/blunt and said my WS says everything i have to say. but they are smart/pushy

 

Yes! Thanks for articulating better DX100, do you have a reference point for  that by and chance i cant find anything?

 

But following references may help others:

https://www.financial-ombudsman.org.uk/files/119164/DRN4678958.pdf

https://www.independent.co.uk/money/spend-save/erudio-student-loans-time-to-complain-to-the-ombudsman-9304826.html

https://questions-statements.parliament.uk/written-questions/detail/2014-07-22/206948/

https://www.pdpjournals.com/docs/887831.pdf

https://www.theguardian.com/money/2016/apr/08/student-loans-firm-erudio-leaves-graduates-fuming-over-latest-error

 

 

 

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Pretty sure its mentioned in many threads of a few years ago in our slc forum. Ill have to look tomorrow.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

55 minutes ago, Andyorch said:

Well done.....dont forget this hearing was only to look at their application for Summary Judgment and whether they could get judgment without the need to proceeding to a full trial... a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial.(CPR 24.2)  it failed...if they fail an application for SJ the whole basis of their claim is on shaky ground.

 

Summary judgment applications should not be used as a mini trial of issues. A Claimant must assess whether the legal and factual issues raised are complex and whether there are real and genuine issues of fact which ought to be tried and also consider whether there are documents or facts known which might afford a complete or partial defence to the claim and which are disclosable at the trial stage. If so, summary judgment should not be sought.

 

Well done.

 

Andy.

 

 

.

 

Thank you Andy, you are right. I know this hearing was as such and need to remind myself of these procedures. Even thought you have said this and i have read this, you need to remain composed.

 

i will focus on the hearing and thoroughly starting ti prepare.

 

im just not sure about the terms of point 3 i raised. how does this woirk, am i waiting for submission of the claimants side to me 14 days prior, and then approve. Or should i be preparing and submit my final bundle before that, and then wait to approve no less than 7 days prior to trial?

 

Thank you and Dx100 for all your help this far. i should have some more money in jan and ill make another donation

 

Thanks again

 

 

 

27 minutes ago, dx100uk said:

Pretty sure its mentioned in many threads of a few years ago in our slc forum. Ill have to look tomorrow.

 

Thank you, i have been looking, i just couldn't fimd the official reference to it

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i absolutely remember a reference DX100uk, i just cant find it at all.

 

i found this additonally, if it helps others.

 

 

im suere its part of the terms, that that the original terms are passed on to the assignee.... still looking

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