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

[pencil]

Should I request a CCA agreement again in the reply form, or refer them to my request for one in 2014? This is the reason the debt is in dispute in the first place.

[pencil]

This is my response, should I add or leave anything out please?

 

On 15th April 2014 I made a formal request for a true signed agreement for the account under the Consumer Credit Act 1974 (CCA1974) s.78. You failed to comply with my request, and as such, the account entered default in early May 2014.

 

The document that you’re obliged to send me is a true copy of the executed agreement containing all of the prescribed terms, all other required terms and statutory notices, and was signed by both your company and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you’re obliged to send me a copy of that document.

 

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before it enters into a default situation. This limit has expired.

 

As you are no doubt aware, section 77(6) states:

 

If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.

[renegadeimp]

Nope. Dont tell them they havent supplied a compliant agreement. You use that as part of a defence in court. They KNOW they havent complied, but they dont care. They think continued harassment and threats will cause you to buckle. Have a read around this site. There are plenty of threads which advise what response to give when you receive a PaP letter.

[dx100uk]

as post 26!!

[pencil]

So, I have read through the PAP threads. There have been no CCA agreements forthcoming since requested 5 1/2 years ago, so I will tick box 4 of the pap with the explanation: 'I dispute this debt because the debt purchaser has yet to provide any or all of the required documentation.'

[dx100uk]

don't put that no.

 

cause if they come up with the paperwork..you are stuffed.

 

let me review this later.

[pencil]

If they come up with the paperwork they come up with the paperwork. I need to send this PAP back soon. Shall I request the CCA agreements again on the PAP or just say they have not been supplied on the claim form, and if on the claim form what response shall I write in box 4 of the PAP?

[dx100uk]

you haven't got a claimform!

you've a pap letter and a response pack.

but you don't use that either.

 

reason: I have never earned over the required threshold & have regularly deferred the loan. the claimant has never supplied the required signed agreement despite past CCA requests.

 

follow post 4 here...use OUR attachment ..... NOT the one in their PAP pack.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[pencil]

Should I request a CCA again, and the SAR, they have already sent all the SAR paperwork, except any sign of a CCA agreement.

[dx100uk]

cca was 4yrs ago.

 

not sure where our pap instructions tell you to sar…….

[pencil]

Update. I sent the PAP back, and the response was, they were passing it back to the client. It has been at least four weeks since I sent the PAP back, and I haven't heard anything else since.

[dx100uk]

what a shame for them...

[renegadeimp]

Update. I sent the PAP back, and the response was, they were passing it back to the client. It has been at least four weeks since I sent the PAP back, and I haven't heard anything else since.

 

Yep. because they wanted an easy win, and they know they have absolutely zero chance of winning anything.

[pencil]

Drydens have come back with photocopy credit agreements. The date on one of the forms is totally illegible. I believe the loans may be statute barred in a couple of months. Should I send a SAR to determine the last deferment date?

[London1971]

I know that people with more knowledge than me will be along shortly, but from my own personal experience I was returned an illegible agreement from a CCA request, lots of blurring etc, I replied to it saying this is not enforceable. Lowell's closed the account, and took it off my Credit file. I would wait until more people weigh in with advice before doing anything though.

[dx100uk]

sar SLC

but no harm in RINGING them and asking last deferment date or payment.

[fletch70]

Do they have to issue a Default Notice ?

 

I am not up to date on the old student loans but if a DN is needed there was that crazy court of appeal ruling which says limitations starts the remedy date on a DN

[dx100uk]

yes crazy so if a DN has never been issued by the original creditor then a debt never becomes SB'd...so silly ..dream on.

its interesting to note PRA have done this in both E&W and Scottish courts systems.

 

dx

[fletch70]

I've just looked back at the thread and it seems (although I could be wrong) some form of DN might have been issued in 2016. IF it was a S87(1) DN the SB argument would need some further consideration.

 

I am told the judge agreed with PRA's view (at the first appeal) that if there was an undue delay in issuing the DN, an unfair relationship could be argued but that is way above my pay grade

 

I wasn't aware of the Scottish ruling but there again I do not tend to get involved at all with Scottish law

[dx100uk]

theres no ruling yet in Scotland see the govan law website

been that way for almost a year now

[pencil]

theres no ruling yet in Scotland see the govan law website

been that way for almost a year now

 

Sure this is SB in May, but I returned a PAP to them last year will that reset the clock? Also are they allowed to add arrears to a disputed debt?

[dx100uk]

nope pap form resets nothing

they can add what they like

if any of it is ever enforceable is another matter

 

and I see you are old school, the ole 'it's a disputed debt' you cant do this or that, went out the window years ago, and even then it had little effect..

[pencil]

Erudio they refused my deferral in 2014 due to it not being on their DAF, took five years to provide a credit agreement, and have added arrears charges ever since. Do I complain to the FOS, and how much would a solicitor cost for advice?

[dx100uk]

you don't need a solicitor

you don't need to complain to the FOS.

 

however if you go LOOK at the FOS website or even better LOOK ON CAG. as you should as we a re self help too.

you'll see there are numerous threads about erudio and their telling off from the FOS about refusing DAF's.

 

pers id do nothing until hey kick you again

[pencil]

Why is it better to sit and wait for a PAP form? The outcome I want is to defer and have the arrears removed. The outcome I don't want is a CCJ.