Erudio claimform

[Lolalou]

Hello,

 

My first time posting

 

So I have been issued with a County Court Claim on the 13th March for Erudio on a 97/98/99 student loan to an old address I left 3 years ago. The tenant has lived there from that time has my number and messaged me saying there was a post, I asked him to open one of them as I couldn't understand why anyone would be writing to me at that address. It was the Court Claim form. I am on the electoral role at new address and have been for 3 years. Amount £9,791k (£10,310 with costs). Told loan had matured by SLC in and made a payment toward this in Jan 2013. Have always been under the payment threshold due to employment and on ESA for a few years just prior to the loan maturing (I was told that your loan has a five year term) however had gaps in my deferment due to not sending forms and not understanding, as I do now, i needed to be diligent and get these done. Hindsight is great thing. This now totals 5 years, this is what Erudio told me but SLC also wrote to em about this in Jan 2013 hence a payment being made (token).

 

Erudio took over the debt in June 2014, I now know, and have been chasing me at my old address since this time. I update all other creditors/utilities but obvs not student loans (error not intentional). I speak for myself here but I definitely buried my head when it comes to student loans. I have no problem with paying back amount just cant have a CCJ. Sure they are wanting a CCJ by default, backdoor so to speak. No default letter received as it states on the Claim form.

 

Now have a solicitor on the case who has taken on Erudio many times so right now Acknowledgement of Service had been supplied as well as request for credit agreements. Unfortunately having a CCJ words affect my work as I use credit for this but also need good credit. My solicitor is dubious as to whether they would ever entered into a Tomlin order but he also says that that's way down the line as we just need to see how good their case is and what out starting point is. He seems pretty confident. He said the Erudio got one of the biggest lawfirms in the country to try and contest his last defence and still lost.

 

Just interested in other people's experience, knowledge about whats going on right now with Erudio (I have read through all the posts and forums)... Anyone know of a successful Tomlin order in place with Erudio? (i saw one with Thesis for SL) Also the default is not showing on my credit file. Is worrying me also. Solicitors told me not to worry.

 

 

xx

Edited March 17, 2017 by Lolalou

[honeybee13]

Hello Lolalou, welcome to CAG.

 

I've started a new thread for you, as the one you posted on was for advising someone else. Always best to have your own thread.

 

The forum regulars should be along over the course of the day.

 

My best, HB

[Lolalou]

Thanks HB xx

[unclebulgaria67]

Can you please look at post #1 in the followink link, where you will see loads of questions asking for information. Please copy/paste the questions over to this thread and provide answers, so that better help can be provided.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

You can defend this claim if you want to do that. Because you took out the first loan in 1997, you do have rights under the Consumer Credit Act. More information about what you need to do will follow, but please first provide more information as asked for above.

[Lolalou]

Hi Uncle B,

 

Thanks for the reply. As mentioned I have a solicitor handling it who know his stuff so we are just in the process of getting all info under the CCA.

 

Really wanted anyones experience of defending and wining a claim with them or entries on credit file for defaults etc (not related to the new deferments). I can see posts on defending but not on the outcome although of course each case is different.

 

What is the value of the claim? 9791 plus cost so £10310

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? no Student Loan

 

When did you enter into the original agreement before or after 2007? Before 1997/1998/1999 (old old mortgage style)

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No - all communication went to an old address I find out now. I was on the electoral role at that address and then at the new address which has now been 3 years. See above post for circumstance.

 

Did you receive a Default Notice from the original creditor? I think so but a long time ago

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? from SLC yes (although from memory as don't have the letters but not from Erudio that I have received at my current address.

 

Why did you cease payments?

 

What was the date of your last payment? 23rd Jan 2013

 

Was there a dispute with the original creditor that remains unresolved? No but I was not diligent about keeping my deferment up to date (urghh I know I am so annoyed with myself)

 

 

Any thoughts welcomed

 

x

[unclebulgaria67]

Acknowledge the court claim online following the instructions contained in the pack received. Tick the box that you will be defending in full.

 

In the link i posted previously it explains the court timelines for acknowledgement and defence. Make sure you comply with these to avoid a default CCJ.

 

So CCA request to claimant

 

CPR 31:14 letter to claimants solicitors (Drydens) asking for all documents mentioned in the particulars of claim

 

Think about Data Protection subject access requests to SLC and Erudio if there is any missing information you are not sure about. E.g amounts, charges, interest, deferments

 

Erudio are starting to issue these claims, but with these old CCA covered loans, they are in the same position as any other creditor. They need your original signed CCA and show evidence of default notice being issued etc. It could be many months before it gets to any court hearing. If they supplied all documents and you were happy to enter into a payment arrangemen before sny hearing, you can sort that out e.g Tomlin order.

[Lolalou]

All thats been done via the solicitor this week. Thanks for your advice

x