Erudio/Dryden claimform - 1996 Student Loan 'Debt' 'Matured already'?

[dx100uk]

can we have the date of issue top right on the claimform please

you put 12th march...

that's a sunday...

[erikborgo]

Should I use the date of issue on the letter or the date I received it? [i was being overcautious, I didn't want to be identified by the date of issue so I shifted it to the 12th March, it was actually issued on the 13th March, a Monday and I received it on the 15th.]

 

I'm about to send this to Erudio, is this correct?

 

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

Erudio

PO Box 1055

CAMBERLEY

GU15 9PA

 

03/04/2017

 

[TEMPLATE REMOVED AGAIN - DX]

 

I apologise for the delay. I'm going to get these letters in the post via guaranteed next day delivery. I'm going to print the addresses digitally onto the envelopes. Maybe that's being too overcautious.

[dx100uk]

please stop posting our templates in the OPEN FORUM

read the top red line of the CPR 31:14 link

 

your defence is due by 4pm Friday 14th.

 

did you send CCA request?

[erikborgo]

I wasn't sure which parts I needed to delete so I edited the letters and merely wanted to know if they were correct. What is the problem here?

 

Did you not read my post before deleting it?

I'm sending a CCA today and wanted someone to confirm I had edited them correctly.

 

They can't get a court date without sending me the documents requested by the CPR 31.14 request, or can they?

Wouldn't they need to cancel the court action?

 

Can I ask the Court for more time?

 

Without a CCA response I can't make a defence other than to assert there are unfair letters charges included in the sum asked for, which there may or may not be.

[dx100uk]

no you don't ask for more time for them to magic up cut n paste documents.

 

your defence will a holding/np paperwork one

available in hundreds of threads in this forum.

 

good so AOS/CCA/CPR done

 

just don't miss defence filing date

 

post it up here first so's we can check it

[erikborgo]

Thank you!

[dx100uk]

:yo:

[erikborgo]

Dryden haven't replied yet to the CPR request.

 

Erudio sent me the a letter (see PDF).

 

I'm totally in the dark about writing a defence.

 

Do I simply state that I have sent a CPR 31.14 and a CCA and have not received the information?

 

 

[dx100uk]

The issuance of a claim form stops the SB clocks

[dx100uk]

Hidden letter you name is on it

 

For your defence

As already pointed out

You need to research our holding/ no paperwork defence

 

You need to read other claim threads....

Not JUST studio ones

 

Use our search CAG box of the top red tool bar

 

Claim form loan

[erikborgo]

Oh no! Thanks for hiding my name. There goes my cover!

 

Do I need to request a delay?

[dx100uk]

Why?

[erikborgo]

Here's what's on the claim form:

1. The claim is for the sum of £2631.29 in respect of the monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number XXXXXXXXXX upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. The balance owed was assigned from the Student Loans Company to the claimant, and the defendant has been notified of the assignment by letter.

 

I have to respond to each point of the claim. So how about this?

 

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

 

1. The claim is for £2631.29.

 

 

I sent Erudio a request for a copy of the credit agreement under the consumer credit Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017.

 

 

I received a letter from Erudio on the 10th April 2017 stating they will supply the credit agreement within 40 days. I have not yet received a copy of the credit agreement.

 

2. I sent Drysden a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. Drysden Ltd has not acknowledged the request. Drysden has not yet supplied the document for inspection.

 

3. I have not received the change of assignment by letter.

 

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

 

Regarding point 3. I can't find a letter saying Erudio has been assigned the balance owed by the Students Loans Company. I don't think I received this. They may have sent a letter but I don't think I've received it. Will it cause problems if I they maintain I have?

 

Do I have to explicitly request a delay or will they do this anyway because the documentation has not been received?

 

Why?

 

The SB's gone, I'll have to pay most of this but would like to delay it as long as possible.

 

Added points 5 and 6:

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

1. The Defendant sent the Claimant a request for a copy of the credit agreement under the consumer credit Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017. The Defendant received a letter from Claimant on the 10th April 2017 stating they will supply the credit agreement within 40 days. The Defendant not yet received a copy of the credit agreement, therefore The Defendant is unable to fully defend this claim.

 

2. The Defendant sent DRYDENS LIMITED a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. DRYDENS LIMITED has not acknowledged the request. DRYDENS LIMITED has not yet supplied the document for inspection, therefore The Defendant is unable to fully defend this claim.

 

3. The Defendant has not received the change of assignment by letter.

 

4. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or

notice of sums in arrears.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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

 

Does this look okay?

 

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

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of the credit agreement. The Defendant sent the Claimant a request for a copy of the credit agreement under the consumer credit Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017.

 

 

The Defendant received a letter from Claimant on the 10th April 2017 stating they will supply the credit agreement within 40 days.

 

 

The Defendant not yet received a copy of the credit agreement, therefore the Defendant is unable to fully defend this claim.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant.

The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14.

 

 

The Defendant sent DRYDENS LIMITED a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. DRYDENS LIMITED has not acknowledged the request.

 

 

DRYDENS LIMITED has not yet supplied the document for inspection, therefore the Defendant is unable to fully defend this claim.

 

 

4. Paragraph 3 is denied as The Defendant maintains that a default notice was never received.

 

 

Paragraph 3 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant.

The Defendant maintains that a notice of assignment was never received.

The Defendant has not received the change of assignment by letter.

 

5. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or

notice of sums in arrears.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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

 

Thanks for your help with this.

 

Latest version:

 

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

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of the credit agreement. The Defendant sent the Claimant a request for a copy of the credit agreement under the consumer crediticon Act 1974, this was sent by Royal Mail Next Day Special Delivery on the 4th April 2017. The Defendant received a lettericon from Claimant on the 10th April 2017 stating they will supply the credit agreement within 40 days. The Defendant not yet received a copy of the credit agreement for inspection, therefore the Defendant is unable to fully defend this claim.

 

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. The Defendant sent DRYDENS LIMITED a Civil Procedure Rules Request under rule CPR 31.14 on the 4th April 2017 via Royal Mail Next Day Special Delivery. DRYDENS LIMITED has not acknowledged the request. DRYDENS LIMITED has not yet supplied the document for inspection, therefore the Defendant is unable to fully defend this claim.

 

 

4. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant.

 

 

5. Paragraph 3 is denied. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. The Defendant has not received the change of assignment by letter.

 

 

6. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or

notice of sums in arrears.

 

 

8. As per Civil Procedure Rule 16.4. Neither the Claimant nor DRYSDEN LIMITED have provided any documentation regarding interest or provided any details regarding interest or other charges.

 

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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

[dx100uk]

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. Paragraph X is noted and accepted. I have had financial dealings with [original Creditor] in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant

 

 

4. Paragraph X is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .

 

5 . It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section xx CCA request, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6 . On receipt of this claim I requested by way of royalmail on DD/MM/YYYY a CPR 31.14 request from the claimants solicitors and a section xx request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section xx request and their solicitors, Restons, have refused my CPR 31.14 request.

 

7 . As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

[erikborgo]

Thanks that looks great!

 

1.Should I include the bit about interest, I want to know how much of the claim is interest or other charges:

 

"As per Civil Procedure Rule 16.4. Neither the Claimant nor DRYSDEN LIMITED have provided any documentation regarding interest or provided any details regarding interest or other charges."

 

5 . It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section xx CCA request, therefore the Claimant is put to strict proof to:

 

2.For Student Loans, should this be 77? Sorry, like I said I'm no legal eagle.

 

 

2. Paragraph X is noted and accepted. I have had financial dealings with [original Creditor] in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

 

3.If I accept Paragraph 1, ie:

1. The claim is for the sum of £2631.29 in respect of the monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number XXXXXXXXXX upon which the defendant failed to maintain payments.

Does that mean I accept the sum requested?

I want to be certain there are no letter charges -they used to charge £10 a letter, then £20 for a letter from the Student Loans Company.

[dx100uk]

1. no

 

 

2. go read the CCA request

 

 

3.no it doesn't leave alone

[erikborgo]

This my defence, will submit this tomorrow unless you can see any problems:

____________________________________________________________________________________

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant

 

4. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request.

 

7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

___________________________________________________________________________________________________________

 

About this bit:

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

The Claimant is Erudio, purchasers of the debt originally issued by the Student Loans Company... does the purchase make Erudio the assignee? Am I denying Erudio have a claim whatsoever? Wish I knew how Law works.

[dx100uk]

then you need to read the law of properties act

 

 

1. should not be numbered

its a generic comment on their complete POC and your defence

[erikborgo]

The above is about their not supplying paperwork?

 

82A Assignment of rights

 

(1)Where rights of a creditor under a regulated consumer credit agreement are assigned to a third party, the assignee must arrange for notice of the assignment to be given to the debtor—

 

(a)as soon as reasonably possible, or

 

(b)if, after the assignment, the arrangements for servicing the credit under the agreement do not change as far as the debtor is concerned, on or before the first occasion that they do.

 

(2)This section does not apply to an agreement secured on land.]

 

then you need to read the law of properties act

 

 

1. should not be numbered

its a generic comment on their complete POC and your defence

 

Cheers:

This my defence, will submit this tomorrow unless you can see any problems:

_________________________ _________________________ _________________________ _________

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

1. Paragraph 1 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

 

2. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant

 

 

3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

_________________________ _________________________ _________________________ _________________________ _______

[dx100uk]

good now you understand...

 

 

golden rule it

KISS

 

 

Keep

It

Simple

Stupid

 

 

its a vague generic POC

as should your defence be

[erikborgo]

Civil Law is a mysterious beast indeed...Cor this whole Law thing is like verbal mathematics! Do they let you sleep? Glad of your help DX, will log into MCOL and submit this tomorrow.

[dx100uk]

no due till 4pm Friday

 

 

if andyorch sees this and pops in

this would confirm things i'm sure

 

 

dx

[erikborgo]

This whole Erudio affair is stressful so I'm keen to get this out the way but will wait for more eyes on it.

Almost submitted it just now!

[dx100uk]

filing early does not remove the stress.

 

 

you really need to understand what this is

 

 

its a speculative claim hoping for a non contested default judgement where noting is checked or a knee jerk reaction of paying us is taken.

 

 

you found cag.

[erikborgo]

I was going to fill in the form with my earnings and let the Court decide a repayment, the law is something I know little about, glad CAG is there.

 

dx has been helping me construct a defence, unless anyone else can see omission or error, I'll submit the following:

_________________________ _________________________ _________________________ _________

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

2. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant

 

3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

_________________________ _________________________ _________________________ _________________________ _______