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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;
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    • 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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weedel76

cabot/nolans Ordinary Cause Claim - old sainsbury HBOS loan debt

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Hello Everyone

 

I started getting letters from Nolans probably around 2 months ago about a Personal Loan debt that was from years ago.

The debt is not on any of my credit files so it was a surprise to get a letter from a sols about it.

 

Its a Sainsbury's Bank Loan for £16k that i took out on 9/7/09,

very shortly after (around 6 months lost my job).

 

I had been making token payments of £20 per month to originally Blair Oliver & Scott who after around 1 year, passed the debt to Cabot around Nov 2011.

 

I continued the £20 per month till around Jan 2016

then I lost my job again, and couldn't pay at all.

 

If I am being honest,

i thought due to the time since i took it out (8years ago) and the fact that it was off all 3 credit files (equifax/Experian/Callcredit) It had been written off by the creditor.

 

Im always weary with debt letters as the terminology is always "we may" and very rarely "we are doing" but being so close to having a clean credit file the letter has came as a bit of a scare.

 

Any advice?

 

I can post a copy of the letter with personals omitted if it helps?

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Not 100% sure but I am sure as you have been making payments it isn't statute barred.

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thanks PIXeL_92

 

I am just unsure whether to ignore the letter, as the wording says

 

"TAKE NOTICE that unless you make payment of this debt IMMEDIATELY application may be made to the courts to issue a SHERIFF COURT SUMMONS against you"

 

they say may.... i guess i will hold off and see what else gets dropped throught the door.

 

Cheers

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not statute barred then

and a shame you got spoofed by Bl Ol Sc [bOS]

 

then latterly crapbot into paying

as this would have been statue barred by now

 

the debt is not on your credit file as it was most probably defaulted more then 6yrs ago and has been removed on the defaults 6th birthday.

 

if I were to be honest

this could get sticky

you've blindly paid till jan 2016.

 

get an sar running to HBOS get all the statements.

read the complete sar link thread too

if you've moved since taking it out.

 

for the minute

ignore cabot.


please don't hit Quote...just type we know what we said earlier..

 

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Hi @dx100uk thanks for clarifying.

 

today I got court paperwork through via nolans/cabot with a form 07 and 03.

I don't want to challenge this as I'm in the process of buying a house and my entry date is may18 so don't want any mortgage acceptance issues.

 

I called nolans who raised the action on behalf of Cabot and they said I need to send the stuff back to the court with an offer to pay.

 

What I want is to make an offer each month of say £100 that doesn't give me a CCJ or damage my almost perfect credit file.

 

Will returning the form 03 asking for "time to pay direction" ensure that I don't get a CCj??

 

There is also an option to pay monthly via a "time order" from the CCA1974.

I just want to be able to offer a monthly that doesn't harm my file.

 

What is the best safest option.

Ps I don't have the money to pay In full.

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did you get that SAR sent??

 

shouldnt be talking to anyone

never ever ring a DCA or their Dogs!! ever!!

they are not bailiffs

 

time order you be you best bet. £20PCM


please don't hit Quote...just type we know what we said earlier..

 

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Hi dx100uk. So the time order route is not something that will impact on my credit file then? I just want to be sure.

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no it does not prevent the decree.

 

the debt itself is already defaulted

so no matter what happens, the account will vansh on the defaults 6th birthday

regardless.

 

now if you break the time order

then theres always the chance they go for enforcement.

 

but that's nothing to do with the debt entry

 

it would appear as does a CCJ in the public section for 6yrs.

 

so simply don't break the time order


please don't hit Quote...just type we know what we said earlier..

 

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Thanks so much for your help @dx100uk. I really appreciate the guidance

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Hi again.

 

Following on from previous advice I applied for time to pay and suggested I think it was £30per month.

 

I think I applied for time under the CCA1974 and not a time order as such.

 

I have now received a court citation to attend regards my application.

 

Is my attendance normal?

 

I was expecting to be able to close of this matter via post.

 

When attending is there anything I should be prepared for,

or is my attendance just to confirm my income and expenditure and thrash out a monthly payment?

 

Thanks for any guidance.

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was this an ordinary cause or a simple procedure claim

and what form did you fill out and send beck?

 

you keep disappearing for months on end

its hard to help when you do that

esp doing things we don't know about and p'haps advising differently or making sure you get things right before you responded


please don't hit Quote...just type we know what we said earlier..

 

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Hi dx100uk sorry for disappearing.

 

I was sent a form from the courts giving 2 options either a time to pay direction (which I think u suggested i apply for) or a time order under CCA1974.

 

I was planning to follow your instructions and apply for a time to pay direction but it was also asking for copies of the agreement that I did not have.

 

Also 1 had 1 or 2 days before my time was up to respond and I was going abroad for xmas

 

I ended up using the time order application from the CCA1974 only because it did not request proof of agreement.

 

I hand delivered it to the court and like I say now have a citation to appear in person on 22nd jan.

 

Just wanted some guidance from here.

 

I apologies again for appearing casual on this it was more holidays and work getting in the way.

 

Thanks again

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was this an ordinary cause or a simple procedure claim they filed?

 

and what form did you fill out and send back?

 

surely you kept a copy?


please don't hit Quote...just type we know what we said earlier..

 

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I have to apologise.

 

I think I have been confusing you and me.

 

I have been mixing the 2 different routes up.

 

I have checked the paperwork and what I appear to have done is NOT apply for the time order as u suggested but in fact time to pay for debtors 1987.

 

I was filling the time order route out and it asked for a copy of the regulated agreement which I did not have.

 

So I filled out the other form which was applying for a time to pay direction debtors Scotland act 1987.

 

I have been confusing the 2 in my previous comments.

 

But this is the case.

 

It's an ordinary action.

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didn't need the rest of it just the last line.:lol:


please don't hit Quote...just type we know what we said earlier..

 

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so what form did you fill out and its number PLEASE!!

and where did you get it from.

 

I need to know.


please don't hit Quote...just type we know what we said earlier..

 

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The letter came from nolans solicitors and all the paperwork had the court name at the top. Recorded signed for. I completed form 03.

Edited by weedel76

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so this one?


please don't hit Quote...just type we know what we said earlier..

 

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Yes. That it. I stupidly don't have a copy but I remember the boxes. Saying monthly fortnightly etc. And it was form 03.

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which sheriff court is this please


please don't hit Quote...just type we know what we said earlier..

 

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go give them a ring [the sheriffs clerks office]

tell them you filled in the wrong part meaning to do a time to pay

and are puzzled why you now had an order to appear.


please don't hit Quote...just type we know what we said earlier..

 

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Ok I will do. I really appreciate the help, and sorry im making this longer than needs be.

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I called the sheriff court.

 

The young lady I spoke with was very nice and said I have been asked to attend as Cabot financial has rejected my offer of £30pm, the judge will just want to see if im able to afford more.

 

The letter to attend is stating that I have made an "application for a time to pay direction" when i asked further the girl checked and said it is under the debtors scotland act 1987.

if I can attach a picture I will.

 

If attending court under my current application ensures I DONT get a CCJ,

even if I have to pay a little more say £50

then I will be ok to let things role as they are.

 

Of course any advice would be gratefully received.

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