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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   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 (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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Ruleoflaw

GoldenEye 2015 threatograms discussion thread - closed

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You presume I am pro creditor because the law I cite appears to be pro creditor.

I am just saying, sometimes it's better to settle out of court than pay these people much more in court.

 

 

Incidentally, if they can't sue you, can't criminally prosecute you or take out a private prosecution against you,

they will take a proprietary interest on any homes, other property by the remedy of Charge Order (1979 Act),

 

 

after which they'll let that original amount grow until they claim they have sufficient interest to sell your property from right underneath you, in their own right.

 

 

 

 

.

They have to win in court to get a charging order and that is a very big IF so i wouldnt be offering them anthing just to avoid court

You do come across as though you are a solicitor touting for business from these bandits.

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No, what I was doing was playing devil's advocate.

 

 

This forum largely concentrates on consumer rights

i was however alluding that law is very broad and diverse, with many and various remedies available to creditors.

 

 

A Charging Order is not as difficult as you think and at this time creditors seem to have the sympathetic ear of judges.

 

 

I am just presenting legal ideas to persons to equip them to make informed decisions and not based off or through the lay person's advice where said remedies do not affect them.

 

 

The Citizens Advice Bureau advise to not just ignore the letters. i have not read enough law on Copyright law,

 

 

although I did present possible arguments in various analogy form in which Golden Eye could use to convince judges,

my post was perhaps with out due merit, removed.

 

 

An educated and lateral thinking mind is a threat to some people who prefer to embrace control

and the limitations of the simplistic lay person's perception of law.

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Your posts were removed with due merit as they were irrelevant and nonsense to the thread topic.

 

Goldeneye is not a creditor...it does not have any remedies to avail itself...it works on fear and confusion to frighten its victims.

 

Could you please expand on how they could attain a charging order over ones property without the need to litigate and having the sympathetic ear of judges ?

 

We are open to any lateral thinking and is not a threat to any of our advice given...providing the advice that is offered makes sense and is coherent.

 

Andyorch


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What is sense to one person is foolish to another.

 

 

My post to you was not relevant because they were of a lateral thinking perspective/ standard, a lawyer type way of thinking.

 

 

They are foolish to you because you cannot relate to how a lawyer thinks, which is to persuade

...it's no different actually than the Government using rhetoric to endeavour to remove the Lords' powers or at least reduce them substantially, when they impeded their tax credit reforms; or Osborne making savage cuts in what was already a deep recession.

 

 

Lawyers are trained mouth pieces and a good lawyer would have used what i said,

just as in Tort an adept lawyer will convince the judge why someone should be liable and where others ought to be more protected, ie the police.

Edited by Ruleoflaw

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A Restriction entered on the land register is just as effective as a land Charge. There was a case about this but can't think of it to hand.

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So how do they get that restriction ?


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Rule of law

 

You seem to be spreading this none sense all over the forum, you points by enlarge are either misplace or sometimes just plain wrong, you really should stop.

 

You are not a solicitor nor do you have any legal training, you should stop pretending you do. As a final point lawyers do not think laterally they think literally. ie the same language as the judge is likely to.


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Order is a clue that it needs a court order. I never said an order is not required. I just said that a Charging Order is not as difficult to get as people think. If someone owes you money, you could take a charge on their land/ property. If you commit a crime, the victim's remedy against you can include a charge on your property. If someone has a co-ownership and owes a debt, I believe (although am not sure about it except if I were to research it) the other could put a charge on their home (am purposely avoiding the relevant legal terms/ principles, and keeping it simple).

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Laterally means think unconventionally.to challenge conventional ideas.

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Au contraire, I never said I was a lawyer. However, I have produced enough essays and answers to problem questions on all the legal subjects required for a qualifying law degree to know how to think like a lawyer.

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By applying to land registrar using the correct forms. The idea of a restriction is that certain types of land must be registered: Land Registration Act 2002, to essentially mirror what land interests are held and by whom to prospective buyers (agents for buyers), especially 3rd party interests that impede the land, Freeholds/ Leaseholds; beneficial interests such as implied trusts, and Easements. So the restriction effectively stops the person creating/ transferring land before the person who has the restriction is paid off: s. 40, Land Registration Act 2002.

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You said you had legal training in property law, which going off what you have said above you plainly dont.

I hesitate to correct your incorrect notions regarding the above as it is way of topic and I wonder how it came to be on this thread in any case TBH.

 

As regards unilateral charges(charging orders etc. these have to be supported by court sanction CCJ etc, The rest is unrelated nonsense, which is only included to make the unsuspecting reader think the poster know what he is talking about, he doesn't.


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Au contraire, I never said I was a lawyer. However, I have produced enough essays and answers to problem questions on all the legal subjects required for a qualifying law degree to know how to think like a lawyer.

 

Has it occurred to you that some of the people on this forum, to whom you are preaching, have actually qualified and practiced as lawyers?

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Some are doctors, teaching assistants, factory workers...and?

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Has it occurred to you that some of the people on this forum, to whom you are preaching, have actually qualified and practiced as lawyers?

 

 

 

I have studied all the law degree subjects relevant to the qualifying law degree, whereas many who have done law conversion courses have not. This qualifies me at the least to have an opinion in matters pertaining to law.

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Some are doctors, teaching assistants, factory workers...and?

 

and they know that you are talking through your nether regions :)


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and they know that you are talking through your nether regions :)

 

 

 

What is it with you people? Are you not bright enough to think for yourselves, or think that a law degree is too difficult to do? It's like everything I say has the gestapo on my back. What have I done wrong? Are you guys any more qualified than I to discuss the things that I have? This is starting to feel like harassment now owing to controlling personalities who have propensity to be clique-like.

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Ruleoflaw

 

What have you done wrong?

Well if you are going to say that they can get charging orders on your property or land make sure you fully explain what you mean , do not make claims without foundation

 

I think many of us know that these days charging orders are indeed quite easy to get (although orders for sale are a different matter) but you still need to have followed the legal process.

 

having said that there are many people who do not know so by giving incomplete info you may be scaring the living bejeezus out of them when it is not necessary

 

 

Some of the people on this forum are very qualified in the areas they talk about through either qualifications or experience or because they have taken the time to understand what is being said

 

There is no clique on here , well not on this thread anyway . I do have a lot of respect for some of the site team and some of the posters because they have earned that by giving me good advice in the past . I am sure though, that the site team will tell you, if I think someone is wrong , I will play holy hell .

 

There is a saying

Those that can do, those that can teach ( or write essays about it) . Writing an essay is a long way from actually knowing your stuff, do you have any published, Peer reviewed articles we could read?


Any opinion I give is from personal experience .

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Ruleoflaw

 

What have you done wrong?

Well if you are going to say that they can get charging orders on your property or land make sure you fully explain what you mean , do not make claims without foundation

 

I think many of us know that these days charging orders are indeed quite easy to get (although orders for sale are a different matter) but you still need to have followed the legal process.

 

having said that there are many people who do not know so by giving incomplete info you may be scaring the living bejeezus out of them when it is not necessary

 

 

Some of the people on this forum are very qualified in the areas they talk about through either qualifications or experience or because they have taken the time to understand what is being said

 

There is no clique on here , well not on this thread anyway . I do have a lot of respect for some of the site team and some of the posters because they have earned that by giving me good advice in the past . I am sure though, that the site team will tell you, if I think someone is wrong , I will play holy hell .

 

There is a saying

Those that can do, those that can teach ( or write essays about it) . Writing an essay is a long way from actually knowing your stuff, do you have any published, Peer reviewed articles we could read?

 

A qualification to me is merely a piece of paper - any degree is piece of paper and in fact pertains to the formality of the certificate

 

 

 

To do an essay on public law, criminal law, land law Equity Trust, EU law, Commercial Tractions, Tort....just one essay in fact requires thorough research. I studied sociology and psychology but as hard as they were, compared to the standards for law, were like child's play. The law degree is demoted in the modern world in terms of credential inflation in England/ the UK. However, the law degree in the USA is not only a premium subject it is post graduate subject. The English law degree is broad equivalency to the US equivalent. We sit a 3 hour exam notwithstanding demanding course work per LLB module. We do not do soft dissertations for LLB modules. So, I do not care if someone has gone beyond the academic stages of the law degree and has gone to practice stage. Those person cannot practice unless they have the foundation knowledge, and it's that knowledge of substantive law that is more important or at least it ought to be in any qualified lawyer's life. In the UK now, any degree has the same value - as Marx would say, now universities set the scene and dictate the grade type whereas the employers take on the acting role by listening to the universities and putting those demands on the graduates even though many employers have never been to university.

Edited by Ruleoflaw

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Ok enough I will give you 2 options:

 

Option 1 - Get back to the Topic Discussion.

 

Option 2 - I Close the Thread due to continuing to go off topic.

 

There are your options


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I would go for 2 if it were upto me, the chances of getting back k on topic now have become even more unlikely.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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Close the thread, as it is a waste of time. Nothing much is happening with these copyright claims at the moment. All that appears to have happened is that some Sky customers have had their details supplied to Golden Eye.

 

When people actually receive demands or court claims they can post a thread.


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I tend to agree

 

As for 'piracy' , that again will be an issue that we can never agree on


Any opinion I give is from personal experience .

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A discussion on goldeneye will not help unless a claim is issued then if so can be posted in the correct forum... close it...


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1560 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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