Erudio/Drydens claimform - old Student loan

[dx100uk]

fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[ceeferace]

Name of the Claimant ? Erudio Student Loans Limited

Date of issue –13th March 2017

Date to submit defence - 14th April 2017

What is the claim for –

1. The claim is for the sum of £566.96 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number xxxxxx 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 Student Loans Company to the claimant, and the defendant has been notified of the assignment by letter.

What is the value of the claim? £566.96

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Student loan

When did you enter into the original agreement before or after 2007? 1999

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. Erudio

Were you aware the account had been assigned – did you receive a Notice of Assignment? I assume so but don't have a copy

Did you receive a Default Notice from the original creditor? I assume so but don't have a copy

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have a 'notice of sum in arrears' from Jan 2017. I may have received this very year but have not kept them

Why did you cease payments? I was earning below the threshold and then I entered into a DMP with a company that went in to administration and it slipped through the net

What was the date of your last payment? I'm not sure - I called Drydens and they said July 2011

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, a long time back

[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 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 CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[ceeferace]

All done.

 

CCA and CPR to Drydens and SAR to SLC

 

Is it ok to sign using the anti tamper background?

[dx100uk]

paying till 2011

so they are simply treating it as a std loan.

[dx100uk]

follow post 31

 

cca goes to THE CLAIMANT.

 

print your name using your PC

Mr Bloggs...

[ceeferace]

Oh dear. I sent it to Drydens as advised here earlier and asked them to send to Erudio if needed.

 

I did sign on an anti- tamper as I did with my previous CCA and CPR but my signature would be different now to when I took the loan out as it was my maiden name.

 

Should I now send another CCA?

[dx100uk]

no let it run.

 

you should never sign any letters you don't need too

[ceeferace]

Thanks. Sorry, am juggling so many things at the moment and not doing well with any of them.

 

Will know for future not to sign ....

[dx100uk]

rubbish you're doing fine

simply learning..nothing that cant be addressed...

 

so same as this one then

read my last pos there

http://www.consumeractiongroup.co.uk/forum/showthread.php?474998-Erudio-Dryden-claimform-1996-Student-Loan-Debt-Matured-already-(7-Viewing)-nbsp&p=5008383#post5008383

 

 

[ceeferace]

It seems that they received the request. I had a letter to say that my account is on hold whilst they get the paperwork from the original creditor and they agree to the 14 day extension.

[Old Cogger]

if court proceedings have been issue they cannot put anything on hold the court time table rules ignore their comment, just follow courts instructions.

[dx100uk]

don't miss your defence filing date

[ceeferace]

Am I right in calculating that it should be sent by 14th April? (Good Friday!)

[dx100uk]

yep

[ceeferace]

Could you please take a look at my defence below, thanks.

 

1. The claim is for the sum of £566.96 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number xxxxxx 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 Student Loans Company to the claimant, and the defendant has been notified of the assignment by letter.

 

Proposed holding/no paperwork Defence

 

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 the Defendant has in the past had financial dealings with Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

 

3. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 section 136 (1) as stated on the claim by the Claimant or by Erudio. I have never received Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt.

 

4. Notwithstanding the above on receipt of the claim requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were posted to the Claimant’s address on 16th March 2017. To date the Defendant has received an acknowledgment from the Claimant’s legal representative with regard the requests for information under s78 CCA or CPR 31.14 but no further respons4. The Claimant in their non-compliance to my requests therefore remain in default.

 

Therefore and pursuant to the CCA1974 the Claimant is prevented from any enforcement during this lack of service.

 

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

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

 

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

 

d) 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 proves the allegation that the money is owed.

 

 

7. On the alternative, as the Claimant claims to be 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 82A 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]

remove the notwithstandings and the therefores

 

 

and the extra line of point 4

[dx100uk]

worthy of a read

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474998-Erudio-Dryden-claimform-1996-Student-Loan-Debt-Matured-already&p=5016588#post5016588

[ceeferace]

Any better?

1. The claim is for the sum of £566.96 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number xxxxxx 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 Student Loans Company to the claimant, and the defendant has been notified of the assignment by letter.

Proposed holding/no paperwork Defence

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 the Defendant has in the past had financial dealings with Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this to date has failed to supply any relevant paperwork.comply.

3. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 section 136 (1) as stated on the claim by the Claimant or by Erudio. I have never received any Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt.

4. On receipt of the claim requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were posted to the Claimant’s address on 16th March 2017. To date other than the Defendant has received an acknowledgment from the Claimant’s legal representative with regard the requests for information under s78 CCA or CPR 31.14 but no further response. The Claimant in their non-compliance to my requests therefore they remain in default.

In accordance to the CCA1974 the Claimant is prevented from any enforcement during this lack of service.

5. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

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

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) 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 proves the allegation that the money is owed.

7. On the alternative, as the Claimant claims to be 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 82A 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]

no 1 should be unnumbered

its a generic comment about the whole of the claim and your following defence

 

 

add red bits

remove blue bits

[ceeferace]

Thanks dx100uk

 

3rd time lucky?

 

Particulars of Claim

 

1. The claim is for the sum of £566.96 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number xxxxxx 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 Student Loans Company to the claimant, and the defendant has been notified of the assignment by letter.

 

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 the Defendant has in the past had financial dealings with Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt. The Defendant has sought verification from the Claimant who as to date has failed to supply any relevant paperwork.

 

2. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 section 136 (1) by the Claimant or by Erudio. I have never received any Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt.

 

3. On receipt of the claim requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were posted to the Claimant’s address on 16th March 2017. To this date thee claimant remains in default.

 

4. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

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

 

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

 

d) 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 proves the allegation that the money is owed.

 

 

6. On the alternative, as the Claimant claims to be 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 82A of the Consumer Credit Act 1974.

 

 

7. 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.

[ceeferace]

Wth Friday being a bank holiday would you advice submitting tomorrow instead?

[dx100uk]

blue bit to go

 

 

as far as I'm aware that's ok

but legals not my strong point.

[ceeferace]

Thank you.

 

Will see if anyone pops on to check and if not will submit tomorrow night.

[dx100uk]

wont hurt