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    • Name of the Claimant ? Erudio Student Loans Ltd   Date of issue – 9th Jan 2020   Particulars of Claim   What is the claim for – the reason they have issued the claim? 1.The claimant claims £10,100 for monies due from the defendant   2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows  XXX XXX XXX XXX   3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements.   4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX was also applied upon assignment 5. The claimant has complied with the Pre Action Protocol for Debt claims.   What is the total value of the claim? £10,100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent to my home address   Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form.  I did notify The Student Loans Company Ltd about my address change though. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans   When did you enter into the original agreement before or after April 2007 ? Before.   Do you recall how you entered into the agreement...On line /In branch/By post ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   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. It says that the debt was assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember   Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them.   What was the date of your last payment? I've never paid     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not   This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address.  I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.
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missed ccj deadline - lost set aside - for a fraudulant account from 2008

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Hi all

 

i need help please with regard to a CCJ

 

i received a claim form from the court with regard to some debt which was not even mine but it was report as fraud in 2008 for something credit by HFC accord to the lowel profolio.

 

I have no idea what they want from me, even my name last name on that letter is one of my middle names, i have called them and advised them of this matter.

 

i did not send in the claim form back to the court or rather missed that date, so now i filed for the judgment to be set aside in, hearing was today on the 11/08/2017

 

but the judge was only focus if the name on the letters is my name which is my first name and middle name but not my last name, the judge was completely on their side and not listening to what i have to say, that this was not my contract to pay and it was a fraudulent contract.

 

now they have given me sometimes to submit a defense for the 27th..

 

my main focus is to get the CCJ removed one way or another even if i have to pay it to get it off my file, i am aware there is a 28 days,,

 

What are my chances on getting the ccj removed or set aside

 

and what is required of me on the defense sorry but this is my first time to get something like this or to be involved in one.

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welcome

can you complete this please:

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

 

and the defence you filed

the witness statements if you/they filed one?

 

and the reason for your set aside and the defence used for that.

 

one multipage pdf for each will be best please

follow the upload

 

dx


..

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CLAIMANT LOWELL PORTFOLIO 1 LTD

 

11 MAY 2017 – DATE OF ISSUE ACCORDING TO THE COURT

 

DID NOT RECEIVE THE CLAIMANT FORM

 

What is the claim for – the reason they have issued the claim?

The claim is for outstanding debt relating to a credit from HFC, firstly it was a credit agreement reported as fraud among 2 other accounts under my middle name and not last name.

What is the value of the claim? £810.28

 

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

 

When did you enter into the original agreement before or after 2007? the agreement was between 2008-2009 as i am not aware of a particular date all i know is the year.

 

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 Lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No i was not aware of this

 

Did you receive a Default Notice from the original creditor? No i did not receive any letters of default as this was reported as fraud

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No i have not received any default letters related to the above

 

Why did you cease payments? There was a single direct debit payment and that's when i reported it

 

What was the date of your last payment? 2008 or 2009

 

Was there a dispute with the original creditor that remains unresolved? reported as fraud to the original creditor

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a Debt managment ? No as this was not my initial debate with them.

 

I set the judgment aside

had a heading on the 10th,

 

they have advised me i have until the 24th to submit a defence, and to make a payment of 120 to the solicitor who is representing the claimant,

i have never been on this situation before and i do not want to have a CCJ for the next 6 years for something i have not done or even used.

 

As advised on this site i have put together a CCA request which am going to forward to the claimant tomorrow,

can you please assist me with the defence and what are my chances on getting this resolved.

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have you any paperwork from the time reporting this fraud?

 

my gut reaction is to go the easy way out

file the statute barred defence and be done with proving fraud.

 

p'haps andyorch will comment.

 

can we had the POC as its written on the claimform please verbatim.


..

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Thank you for the reply

 

No I don't have any paper work stating it was reported as fraud as this was back in 2008, I have relocated few times since then.

 

What is the statute barred ?

 

Can I include that in my def ce starment

 

If my set aside was not successful can I still apply for statute barred ?

 

I really need help as I do not want a ccj on my file for something I did not do

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click statute barred.

 

 

a defence for the original claimform. = statute barred


..

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Yes I would go along with DX advice and submit the Statute barred defence for now...should they wish to proceed then you may possibly introduce the fraud element by way of your witness statement later in the process.

 

Andy


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The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date on claim form).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert total claimed from claim form] or any other sum, or relief of any kind is denied.


..

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Hi and thank you all for the replies

 

I am really sorry to keep bugging you guys,

 

So now do I submit my defence as requested by the court since my set aside hearing was on Thursday last week 10th ? Or do I file for statute barred ?

 

Also how do I submit the Statute barred ? Is there a template I can use ?

 

Do I submit it instead of the defence ? ☹️ As I have not received the original claiment form

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See above.......Post #8

 

You will have to submit it manually to the court...add the headers Claimant v Defendant and names...XXXXXXX County Court ...Claim Number xxxxxx

 

 

And finish it with a statement of truth dated.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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