Jump to content
pencil

Erudio - no CAA no default - discount offer - now PAP Letter

Recommended Posts

..

 

I sent off a CCA request six months ago which has not been provided, the account is in dispute,

i have been receiving 'arrears' letters since.

 

My question is,

would it help to send back the latest arrears letter with a "No contract. Return to sender" label,

or sit on my hands?

 

Thanks

 

Pencil.

Share this post


Link to post
Share on other sites

Hi,

 

I have a DCA bothering me about a loan.

 

I asked for a copy of the alleged CCA agreement over a year ago,

gave the DCA multiple opportunities to provide it, and it still has not surfaced.

 

This week I received a 'Notice of Default' for 28 days hence.

 

How should I respond?

 

Thanks in advance for the advice.

Share this post


Link to post
Share on other sites

DCA cant issue a default if they own the debt. If they dont own it and are trying to pressure on behalf of a company then the OC can add one.

 

Can you give more info please.

Share this post


Link to post
Share on other sites

Because, as far as I am aware , most did not have the facility before. However just because they have not done it doesn't mean they can't.

If you look at the FCA register Cabot are the same now.

 

To be honest, for them it makes perfect sense, removes the time and trouble when a creditor doesn't default correctly. They can just fix it.

 

Not saying I like it or agree with it.

Share this post


Link to post
Share on other sites

I've moved you into the slc forum

loads of like threads to read

but you really need to give us the full history.

 

in this instance

its not the same as a dca

 

although erudio are arrows in sheeps clothing...

its actually acting as a creditor so they can default you

 

however the history will tell us all

Share this post


Link to post
Share on other sites

Can anyone offer me advice about this issue?

 

When Erudio first contacted me in 2014 I refused to fill in their new credit form, and asked to see the credit agreement, which they have not provided.

 

After a number of months I wrote back stating the account is in dispute,

that was almost five years ago.

 

I have received a few 'notice of default' letters since then but my credit score remains in the high 900s.

 

Last week it was passed to an inhouse DCA.

 

I received a number of missed mobile phone calls and they have also asked for information about my situation by post which I have not responded to.

 

My question is what is the likely chronology of approach by the DCA

and how should I proceed,

 

do I have to respond to their advances,

and if so,

how and when?

 

Thank you in advance.

Share this post


Link to post
Share on other sites

More info needed.

 

Years you took out loans.

 

Deferment years completed.

 

Repayments made.

 

Are earnings above the threshold for repayment or have they ever been ?

 

People are being taken to court now, so don't presume it won't happen, if you ignored them.

 

Depends on the info needed above.

Share this post


Link to post
Share on other sites

This week I too received a PAP from Fairfax.

It's been 5 1/2 years since I last deferred and acknowledged the debt

4 1/2 years since Erudio contacted me in 2014 to say they were managing my student loan and asked me to complete their form, which apparently would have amounted to a new contract with them, so I did not.

 

At the time I sent a CCA request by recorded delivery which has still not been provided, therefore the debt is in dispute I believe. I

replied to them a further two times during 2014 and simply reminded them of the CCA request.

I have not responded to them since.

 

In the four years since I have received

a default notice for 2016,

a letter of termination,

a letter apologising for missed statutory notices,

a letter saying capquest would manage the loan with an offer of settlement, and

now the letter stating it has been passed to Drydens and the PAP.

 

I intend to dispute the claim on the basis my CCA request of 2014 has not been fulfilled and therefore the debt is in dispute.

Is that satisfactory?

Is there a template I can use to craft my response to the PAP?

Edited by dx100uk
spacing.

Share this post


Link to post
Share on other sites

you indicate an offer of settlement

do you mean a discount letter? if so lets see it in PDF read upload.

this is an important step I've been awaiting regarding disputed SLC loans.

 

yes there is a PAP temple, but we need to do one to emcompass student loans , I would feel better its customised somewhat

but its in the financial legal forum stickies.

 

dont reply yet please

and if I were to be honest, for future readers, i'd not even suggest replying to any other letters once a CCA fails, unless its a PAP letter of claim

OR

YOU HAVE MOVED and not informed the owner of your SLC debt of you new address IN WRITING.

do ever NOT assume that just because you get a phishing letter to where you are now they KNOW your correct address

its normally a pre-cursor to them instigating a backdoor claim to an old address hoping to get a default CCJ you know nowt about.

 

these APPEAR to be the only ones that are going anywhere near to a court at this stage in the erudio portfolio debacle

so don't fall foul of them as they WILL get a CCJ if they think they can file to an old address

 

dx

Share this post


Link to post
Share on other sites

I have received a letter of claim, which I believe is a PAP. I have ticked box 4 'I Dispute the Debt' and will explain on a separate page. A few questions, what should I say on the letter, should I enclose copy letters and do I need to sign the form?

 

 

Name of the Claimant ?

Drydens Fairfax solicitors

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

22nd October 2018

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

-The amount owed is £9357.40 and no charges/interest are being added at this stage

-A statement of account is attached

-The agreement this debt relates to was entered between you and Student Loans Company on 12 June 1997 and assigned to Erudio Student Loans Limited on [no date] . A copy of the agreement can be requested using the reply form.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

No

 

What is the total value of the claim?

£9357.40

 

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

Mortgage style student loan

 

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

Before

 

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.

Originally with Student Loans Company, sold to Erudio, Passed to Capquest, and then to Dryden Fairfax.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I received a notice of assignment from SLC to Eurdio.

 

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, a letter of termination and two 'default' letters [no default on credit file] were received during 2016, and in 2018 I received a letter apologizing that no statutory notices had been sent out since the period of non-compliance started, which the letter states was 15 Dec 2017.

 

Why did you cease payments?

When the account was sold to Erudio in April 2014, I asked for copies of the credit agreements under CCA rules, which have not been forthcoming. I received a letter from their legal council in April 2014, and a duplicate letter in Dec 2014, stating they are 'investigating the matters raised and will be in contact in due course'. As far as I am concerned the debt is in dispute.

 

What was the date of your last payment?

I last deferred in April 2013.

 

Was there a dispute with the original creditor that remains unresolved?

As above, I requested copy agreements under the CCA as soon as it was sold to Erudio.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon?

No

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.



  • Tweets

  • Our picks

    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 9 replies
    • I am new here but very glad to find my way here and would welcome any input.
       
      i purchased a brand new campervan conversion from Hillside Leisure (175 miles from our home) on July 26th for £31,000 and, within 48 hours, during a storm, the alarm began to sound incessantly. We could not get it to stop, even after trying everything listed in the manual. We phoned Hillside on Saturday July 28th around 2.00pm. The young man who answered the phone said he would seek the advice of their technician and call us back, which he did. The technician told us that they, Hillside, couldn’t help, but that we should take the van to Nissan (the van is a Nissan) as the fault would lie with one of their components.
       
      • 42 replies
×
×
  • Create New...