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

[renegadeimp]

Because if you dont, you fall right into their trap, get harassed and worse.

 

YOU WONT GET A CCJ FOR THIS. Youve already been told what will happen. THEY ARE IN THE WRONG. And they know it. You are worried and scared by their empty threats.

[dx100uk]

again you don't appear to be absorbing erudio thread information on CAG.

erudio have never taken anyone to court that they are in contact with and know their correct address

the only court cases have been backdoor CCJ's.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?447223-Erudio-and-final-FOS-decision-now-drydens-PAP-Letter

[pencil]

I want to get this debt cleared up with as small a full and final settlement as possible. It stands at £9000-odd but a few years ago they offered a final settlement of £6300. To cut a long story short, I asked for the credit agreements in 2014 and they only provided it in 2019 after reminded them of my request in a PAP response.  They deny pursuing while the account was in dispute because they 'didn't receive  the original request', except I have the Special Delivery signature. What would be the best way to proceed? Thank you in advance.

[unclebulgaria67]

If this old mortgage style student loan was last defered in April 2013, with no payments or acknowledgement of the debt since then, surely it is now statute barred or could be argued as such ?

[dx100uk]

send them this then ignore them

 

 

[pencil]

The statute barred clock starts at the point of cause for action, which is usually when the account defaulted. 

 

When does the limitation period start?

The start date of the limitation period is whichever of the following happened most recently:

 

• The last time you wrote to the creditor acknowledging that you owed the debt
• The last time you made a payment to the debt
• The earliest date the creditor could have started court action to recover the debt

https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

 

Edited April 28, 2019 by pencil

[dx100uk]

well then leave it a few weeks .

you returning the pap letter is not acking it.

 

[brassnecked]

Once into May it should then be SB.

[unclebulgaria67]

They could argue that deferment lasted 12 months, so the default could not happen until  April 2014. So the SB clock starts running from that point. 

[dx100uk]

they can argue all they like..

last written communication which is signed. april 2013

[fletch70]

We know that at appeal it was ruled the default was the earliest cause of action so I can see them arguing the deferral was 12 months then a further (lets say 3) months for a default takes us to July 2020.

 

Certainly time to try stringing this out - also did they send a DN? 

 

I have just read one of the letters, did you try and defer in 2014 ? If so then surely that would be acknowledgement of the debt - sorry to sound doom and gloom

[dx100uk]

Send the sb letter

let them counter it if they think otherwise

they wont reply

all these pap letters are sent for is to see if they get a response..if they dont

they file for a backdoor ccj.

if they get a response..they go radio silence.

[fletch70]

I have to disagree- sending the SB must be seen as an acknowledgment and if the debt is not SB you are just resetting the limitations 'clock'.

 

I would be trying to find out via a GDPR request when the default notice was sent (if it had been). I won my case against Lowell because they could not produce a DN 

[dx100uk]

not you are not ...an sb letter is not acking anything its stating if there ever was a debt its now time barred

but anyway they wont do anything.

 

its simply you informing of the correct address as the pap letter is after a backdoor default CCJ.

it really but wont hurt to wind then up too.

the PAP letters are purely sent out to get a response, if they get one, they go radio silent.

 

student loans differ in many aspects from other consumer debt.

[fletch70]

I think you need to read the letter again 

 

Quote

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time

 

If that is not saying yes the debt is mine I don't know what is. If the above claim is untrue, you have just re acknowledged the debt .

 

You must forgive me for being cynical at your claims they won't do anything as you told me Lowell would discontinue as soon as I filed my defence. Well they didn't and went all the way to court, admittedly a costly mistake for them.

[dx100uk]

these SLCdebts are different from consumer credit debts.

erudio are a 'true creditor' for want of words not a standard debt buyer, though they act like one..

[fletch70]

Yet all your advice on this thread has been for a CCA regulated debt- send a CCA Request- they are in default etc etc 

 

Either they are treated as CCA regulated debts or they aren't. 

 

By the way to Pencil - you redacted the DN, it looked ok but was there a clear 14 days from service of the letter to the remedy date 

[dx100uk]

whilst it wasn't SB'd but it is now....

 

all the erudio claimform threads here are for backdoor CCJ attempts when the debtor did not inform SLC nor erudio of a move.

all the erudio owned SLC Loan PAP threads here whereby the debtor has in someway replied have resulted in no claimform latterly sent..then radio silence.

most of these erudio had already defaulted and terminated ...they have no argued the point.

 

now if in the future that changes and/or with regard to the COA being DN+14days, is another matter, but nowhere is there a thread here whereby Erudio [or indeed any other claimant on any CCA debt] have issued a claimform to the correct address following recent address update by the debtor by whatever letter/request.inc the SB letter .but a PAP form MUST always be replied too.

 

the backdoor CCJ attempts here have all resulted from the debtor totally ignoring everything till its arrival.

mainly due to poor advice from other sources to refuse to fill out the [then] intrusive Erudio deferment forms and ignore them, rather than CAG's advice to use the old SLC deferment form not requiring sig nor a DD mandate.

defences filed included reference to not ever earning above the threshold in any year since last deferment.

to date all these cases here are currently stayed.

 

on other erudio debt chasing SLC threads here, whereby deferment forms were send back within 6yrs but latterly were forgotten.. further backdated SLC forms have been sent, again they seem successful in inducing radio silence,

 

as far as im aware there have been no claimforms issued whereby erudio have been told the correct address, have had deferment forms, but already have defaulted the debtor.

 

erudio claim in several instances here deferment is refused or null as the loan has either, matured or they have defaulted it and have demanded repayment, again none of these have resulted in a claimform to date.

[fletch70]

I work on the principle that just because it doesn't appear on here there is no guarantee it does not happen. 

 

It may be that this particular account was defaulted at some point after the last deferral was accepted so sometime after April 2013, from the info on this thread it may be sometime after April 2014 .

 

If that is the case then the account is someway from being SB so sending the SB letter may not be the best idea at the moment. 

 

 

[pencil]

SB is not an option. This was my question in post 55.

 

Quote

I want to get this debt cleared up with as small a full and final settlement as possible. It stands at £9000-odd but a few years ago they offered a final settlement of £6300. To cut a long story short, I asked for the credit agreements in 2014 and they only provided it in 2019 after reminded them of my request in a PAP response.  They deny pursuing while the account was in dispute because they 'didn't receive  the original request', except I have the Special Delivery signature. What would be the best way to proceed? Thank you in advance.

 

Edited April 29, 2019 by pencil

[dx100uk]

well you need to send something to protect again a backdoor CCJ.

then p'haps fill out the PAP form as the others here have done and state you have never earned over the threshold 

but that's admittance and resetting the SB clock

 

see chicken and egg simply because someone thinks a case has worldwide sweeping changes when in all truth we've not seen any court case even refer to it yet.

[fletch70]

Dx- clearly you will disagree with anything I say because it is me who is saying it. It was the same when I used to say send CCA requests and talked about unenforceability.

 

You say no court case has ever referred to it , I assume you mean the default date- well my sources tell me otherwise, it was apparently used within days of the judgement being handed down. 

 

I also believe Pencil has already replied to the PAP , wasn't that the reason they finally sent the agreement?

If they are communicating at the given address, I can not see how they can get backdoor CCJ.

 

Pencil, I really do not know what the best way to respond is, as of yet they haven't issued you with a claim form and that is really how you want it to stay. 

 

How long is it since you last wrote to them in any way?

If what DX says is correct in that if you return PAPs etc they do not issue claims , you would be fine. I have no evidence either way 

[pencil]

I refer (again) to my latest post #55.

 

I am unemployed at the moment but I have some savings which I want to use in a full and final settlement.

 

I said I want to pay it off, I didn't say anything about statute barring, PAPs, or CCJs or anything like it.

 

A lot of money is involved and I was hoping for more than glib tinpot advice which is frankly what got me in this mess in the first place. 

[unclebulgaria67]

Try to keep it civil. People have different opinions. You have made up your mind already about your intentions.

 

Be careful with F&F offers. Follow the instructions about how to use these and don't amend the template letters too much.  There is a template letter in CAG library. You are wanting to open up negotiations without prejudice, to avoid any written admission to owing the debt being used to enforce full payment.

 

Think about what you will do, if they reject any F&F offer. Creditors make offers to reduce debts, but do not always entertain offers made to them. They may instead just invite you to contact them to agree a repayment arrangement, to pay more than you are wanting to pay.  Are you then going to argue statute barred ? Probably not. 

 

Think about other debts and benefit issues if you are claiming. There  can be implications of choosing to use savings to pay one debt off in priority to all other issues.