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Hello

 

Was hoping for some insight or advice on my situation.

 

I've just checked my credit report and have found two sets of "beneficiary trace enquiries" made by Erudio Customer Management Ltd.

 

The first ones were in mid-march against my current and previous address.

Then again two months later in May, also against my current and previous address.

 

I have read up and found out Erudio bought the old style students loans.

I do have two of these.

One from 1997 and then another for 1999 which has been treated as a separate account by the SLC, but must be linked as the only reason I got the '99 one was because I had started on the old system.

 

The last correspondence about these loans was in 2013 when I applied to defer them in the March, which was confirmed in April 2013 by the SLC.

This correspondence was to my old address.

Then I have an annual statement from SLC dated September 2013 sent to my current address.

I have not had any contact with Erudio so hadn't realised my loans had been sold.

 

I've looked into what a beneficiary trace enquiry means and have read on the internet that it is used to trace people who have moved address without informing their creditors,

 

however the last statement from the SLC was sent to my current address so don't know why they would need to do this, as I have kept the SLC up to date with my contact details.

 

Also I am confused as to why they haven't made contact with me after carrying out these checks if they were searching for me.

 

In normal circumstances I would just sit tight and wait for them to contact me but I am in the process of buying a house and am worried if this will affect it.

 

I have checked all my credits reports and cannot find anything other than these searches.

However I am scared in case between exchange and completion they put a default on my credit file, the mortgage offer gets withdrawn and we lose the deposit on the house.

 

I have also read that they do 'backdoor' CCJs, so that's now another worry

 

if they only have my last address could they be putting a CCJ on their without me knowing.

Is there anyway I could find out about this if they were,

other than waiting to see it appear on my credit report?

I have a good report at the moment so would be gutted if they knackered that up for me.

 

Not sure what is the best option.

I don't want to contact them and offer to start paying as I fear extra outgoings I didn't know about when I completed my mortgage application might make them withdraw the offer.

 

But then I don't want a default or a CCJ to suddenly turn up and have it withdrawn then, especially if its after exchange and my partner loses all their deposit money as well.

 

Any advice on what would be the best approach, or what Erudio are likely to do next after carrying out these searches would be much appreciated.

 

Thanks for taking time to read this.

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moved to the SLC forum.

 

 

if you informed SLC of your address then a backdoor CCJ is not possible.

 

 

so, you've not deferred since 2013?


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Thanks for the quick reply.

 

My only concern with the 'backdoor' CCJ is that I've never had any correspondence from them and they have done this trace search.

 

 

I did move address in 2013 and informed the SLC, but worried (worrying is a bit of a problem for me) that the change fell through the cracks and they weren't given my new address by the SLC.

 

I've just dug out all the the paperwork and that was the last time I deferred in 2013, which would have lasted until 2014.

Had no contact about those loans since then.

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ring SLC and ask.

 

 

dx


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Good idea, they lines aren't open today but I'll ring tomorrow and see if they can give me any information about this.

 

Thanks.

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Well SLC weren't much use.

Could only confirm generally that the loans were sold to a couple of different companies, couldn't tell me when mine was or what information was given to the company who bought it.

 

 

Apparently it was done by the government and they took all the information with them!

They did confirm that I had told them of my new address before I had moved but don't know when Erudio were given my details so not much help.

 

Loath to contact them as everything I've read on here suggests they are not a good company to be involved with.

 

 

thought it might be best to write just to note that I was aware of their searches and to confirm my current address if they did have any reason to contact me.

 

 

Hopefully that would stop the nasty surprise of a CCJ turning up on my old address.

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wrong

now go back and tell SLC to get their finger out of their...

under the data protection Act and the prevention of fraud act

they MUST hold all data for 6yrs since their last interaction with you.

 

 

if they wont comply

ask to speak to a manager or supervisor.

if they continue to be obstructive simply tell them you will be contacting the ICO forthwith demanding an answer why they are refusing your legal rights under both acts.

 

 

dx

 

 

 

 

dx


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Just been to my old address to check if I had any post

 

 

they have issued a CCJ against my there, dated back in March.

 

 

Logged into the government site and its registered but nothing has happened regarding it yet,

what should I do next?

I really don't want a CCJ on my credit record.

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purposefully done.

you need to prove SLC knew of your correct address

[ I believe you have statements?]

 

 

then ring erudio and demand they set it aside at no cost to you

else its gonna be £255 sadly


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Is £255 the cost of the court case?

 

Is there a reason why the court case hasn't happened yet?

 

 

The letter said I had to reply in 14 days but that was three months ago.

 

 

Also I have logged on to the Money claim online site

it gives me the option of acknowledging service or submitting a response form

but doesn't indicate when the CCJ process will take place.

 

 

Would they let me know the date it was set for online.

 

 

Bit concerned something happens before I have ha chance to try and resolve it.

 

Thanks

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if they issued the claimform in march then i'd expect there's already a default judgement?

so credit file is clear? old address showing?

and theres nothing on trustonline.org for that address?

 

 

 

 

looks like they bottled out if both are clear...

 

 

its the only way they goto court at present

and that's where they are guaranteed to get default backdoor CCJ's

 

 

they've not taken anyone to court yet upfront

there have been rumours but they were spoof.


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No my credit file is clear and the addresses are linked,

I have checked with trustonline and couldn't find any records on there.

 

 

Then logged on to the courts and tribunal site and the claim has been registered but it doesn't say anything has been found and

"At this time you are able to respond to the claim by filing an Acknowledgment of Service, Defence or Part Admission".

 

 

Should I complete the defence form online to state that it was sent to the wrong address would this mean that the case couldn't proceed without my involvement.

 

I have never had any experience of this type of thing so don't know how the time scale works.

 

 

Does the court set the date for the judgement or do erudio have to ask for it to be chased up?

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well they've slipped up then.

they should have applied for a default judgement by now.

so looking good in oneway, they've not gone for judgement.

 

 

might be an idea to atleast repond to the claim [AOS]

ack the claim

defend all

leave jurisdiction unticked

click through and exit for now

 

 

you say you have the claimform now?

 

 

dx


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Thanks ever so much for the advice, have now acknowledged the service.

 

 

Hopefully that will stop anything happening before I have had chance to respond.

 

Should I still contact them and ask for them to withdrawn the claim due to it being sent to the wrong address with evidence of the change of address I registered with the student loan company.

 

 

Then also request a copy of the paperwork including the Credit agreement?

 

 

Guess if I need to defend all in court I need this information.

 

 

What happens if they agree to withdraw the claim will I be informed?

 

 

If this doesn't happen do I need to forward a defence on to the court?

 

 

Also the claim form was issued by drydensfairfax on behalf of erudio,

should it be Drysdenfairfax I direct the correspondence to.

 

Thanks

 

Sorry had missed your question in the post, yes I have the claim form now.

 

 

Had gone to my old address to check and luckily the person living there had saved it for me.

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no don't bother with the set aside

you've not gotta CCJ.

 

 

can you fill this out please

 

 

and we'll find a defence for you to file.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp


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Name of the Claimant ?erudio Student Loans Limited

 

Date of claim 10th March 2017 - (Only saw today as it was sent to my previous address, which I have not lived at for four years.)

 

What is the claim for – 

 

1. The claim is for the sum of £3,500 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loan Company under account number xxxxxxx 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?£3,500

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Student loan account

 

When did you enter into the original agreement before or after 2007 Before 2007 - Was 1997

 

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?No I was not, yet I have always kept SLC up to date with my address. They have confirmed on the phone that I had informed them of my new address before I had vacated my last residence.

 

Did you receive a Default Notice from the original creditor?No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?No

 

Why did you cease payments?Have always deferred my loan so have never made any payments. Was last deferred in April 2013.

 

What was the date of your last payment?Have always deferred no payments were made.

 

Was there a dispute with the original creditor that remains unresolvedNo

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?Other than applying for a deferment each year with the student loan company, no.

 

Thanks for the help, hopefully have filled that out correctly.

 

Also saw the note about sending off for a CCA request to the solicitors, so will also fill this out. I have also mentioned them sending the information to the wrong address in case this helps at all.

 

Thanks ever so much again, really appreciate your fast and through response.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?475602-Erudio-Drydens-claimform-old-Student-loan

 

 

post 47 here

use this defence, just adapt to your details

[not the red bit!]

 

 

when you've done that

follow below and get your CCA/CPR printed ready to post tomorrow...ok?

 

 

best we can do I think...

 

 

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


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just saw post 17

no don't do anything other than file the defance and do CCA/CPR as about [make SURe you send the right one to the right fleecer!!]

 

 

don't adapt or say anything about mis -address yet..keep that up your sleeve


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That's all great, thanks ever so much.

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don't hang about get that defence done

 

 

they'll be kicking themselves...

 

 

keep us updated.

 

 

dx


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Hello

 

Sorry for the delay in providing an update,

was waiting to hear something back from Erudio and Drysden but never did so had kind of slipped my mind.

 

However wanted to update as I know I always appreciate been able to read how things panned out for people.

 

Thank you ever so much for all your advice,

I followed everything to the letter and it seems to have gone very quiet.

 

I registered my defence with the courts the next day,

they received it and said they would send it on to the solicitors for them to respond to and then let me know their response.

However I didn't hear anymore so assuming that the courts never heard back.

 

Also as advised I sent off by recorded delivery to erudio to ask for copies of my loan agreement and I never heard back from them.

Also I sent the CCA request to the solictors also recorded delivery and again heard nothing back.

I am assuming that no news is good news and they have no basis for their claims otherwise I would have thought they would have responded ages ago.

 

Again thanks ever so much for your help with this, and especially how quickly you responded.

I was in a total panic at the time and would probably have done something foolish if you hadn't given me all the amazing advice.

 

So thank you ever so much, it is a wonderful service you supply and I am now going to make a donation to the site as it is amazing that this free service exists.

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for later readers you don't need to do anything bar file your defence and wait.

if anything the COURT will write IF it moves fwd

no need to send any request etc etc

 

you can do that free later IF it moves fwd

you only ever need to use recorded IF you've screwed up

 

typically all you need to do is prove posting

that can be done FREE at the PO counter free proof of posting

when you get the CCA £1 PO


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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