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    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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. Assigned/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Here is my Defence: Defence - 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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Student Loan Statute barred


okokok
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I have two statute barred student loans from 97 and 98.

 

I am finishing my degree and was told by student loans company that I have no outstanding debt and that I could proceed with the finance application.

 

I have now been told that:

 

"We have had confirmation that the balance is statue barred, however, this does not wipe off the debt from your account.

As you are in breach of the original loan agreement, you will remain ineligible until such a time as the arrears have been cleared in full from your account".

 

I will be derolled if I can't get the loan to pay for the tuition.

 

Is this correct information I have been given?

 

Thanks

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

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It's correct that statute barred doesn't extinguish the debt, only that the debt cannot be enforced.

 

SLC aren't attempting to enforce the original debt,

just saying that because the original loan has not been repaid they will not give you another loan?

 

I'd have thought they are entitled to say that,

but I don't know precisely what rules they work under in these circumstances.

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Agree they probably can refuse the loan, on the basis that past experience is that commitments entered into have not been kept to.

 

If there reason to complain and ask for student loan legislation and government policy on, then a complaint should be made in writing to SLC.

We could do with some help from you.

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Really it is a technicality.

The old style loans were meant to be paid once reaching a specific income.

I have never reached that level of income due to ill health.

 

These new type of loans are automatic.

The payments come out automatically once earnings are above £21,000

- so it is a completely different format.

 

I wonder if I have been rejected because of my age or disability?

 

Does anyone think it a good idea to offer to pay back the old loans under the new type of loan scheme

ie. automatically after earning £21,000

if they give me the finance for the tuitions fees to allow me to complete my degree?

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as with any creditor

they can and will refuse further credit because as ES pointed too...

there is no such thing as a statute barred debt in E/W when it remains with the original creditor

 

this is why certain SLC debts of this era wre not bought by erudio [arrows]

they knew they could never enforce them.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Really it is a technicality.

The old style loans were meant to be paid once reaching a specific income.

I have never reached that level of income due to ill health.

 

If that's the case you need to challenge SLC's statement that you are "in breach of the original loan agreement". If the original loan agreement didn't require repayment until you reached a certain income and you haven't reached that income then surely you aren't in breach of the loan agreement? Ask them which bit of the loan agreement you have breached.

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Thanks Ethel. It was being seriously ill and the SLC not sending out the deferment papers combined that meant the loan went to repayment status - even though I was on nil income.

Does the Government have any legislation for positive discrimination towards disabled people studying at University to return to work?

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If the debts have been sold to those two fleecers then what are SLC going on about!!

No debt exists on their books now. They sold them!!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Think you should write back to whoever has written to you asking for legislation supporting their refusal to offer new student finance. Because it is government led student financing, there should be legislation that supports this loan refusal.

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

 

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  • 2 weeks later...

I am still awaiting to hear back from Stage 1 Appeal process.

 

It is still within the 15 working day target they aim to respond by.

 

It is really affecting my ability to study,

worrying that I may now be in serious debt.

 

I am wondering if I should get in touch with an M.P over this issue and if there is any right way to do this.

 

I am going to be derolled shortly if I can't get this fixed.

 

Also would it be a conservative M.P I would raise this issue with or a labour/other?

 

Thanks.

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what pm?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Polite request - please no more trolling or nasty, unproductive comments. I am having a difficult time with this. Thanks.

 

Ok Further update here.

 

http://www.legislation.gov.uk/ (They sent me this link upon further request of where the following legislation comes from - but I can't yet find it)

 

"Eligible part-time students

137.

(3) A person ("A") is not an eligible part time student if

 

(b) A is in breach of any obligation to repay any loan".

 

This is the legislation quoted to me to reject my application for tuition.

 

I confirmed yet again with the SLC advisors that no debt exists with them and the balance is zero

- which suggests to me that the "obligation" to the SLC is non-existent.

 

However the appeals letter outcome states that "your debt to the Student Loans Company does indeed still exist... you will remain ineligible until such a time that the outstanding balance is paid in full" -

 

I spoke to Link and Erudio advisors where the loans were sold on to and both initially confirmed that their screen was stating that the accounts had been closed and very specifically that the debt had been "written off".

 

The SLC then told me that apparently Erudio is the problematic one and so I re-rang to get a letter in writing to state that the debt had been written off.

 

 

A different advisor then said something different (this is after I had put my written Appeal stage 2 in to the SLC) and that the balance was outstanding but was statute barred and they would not pursue it.

 

I then asked if they would accept a token amount £100 as a full and final offer in preference to never getting anything and this was rejected stating they would need the balance in full.

 

 

I also asked them how much they paid for the loan and they said I would have to ask the Student Loans company.

I was told that the SLC policy is to never offer further finance to anyone who has a statute barred loan.

(I did however receive a small grant in 2009 from them).

The SLC insist they are acting under the government strict policies.

 

If anyone has any legal expertise or insight to offer here, I would be very grateful.

 

Thanks.

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why are you RINGING THESE FLEECERS.

 

writing only

 

if they are statute barred ignore everyone offer nothing.........

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Because I am about to be de-rolled from university.

 

The issue is the SLC seem to be blocking me from receiving tuition fees due to the statute barred debt with Erudio.

 

Therefore I hoped that by taking out a £100 loan,

they may accept a full and final settlement in order to get the status to "written off" which apparently then allows the SLC to grant me funding.

 

I am trying to move forward with my life and there are just endless roadblocks.

 

This afternoon an Erudio advisor swore blind the status was "written off" and then when I rung again to ask for that in writing another said it was statute barred.

 

All have confirmed they will not be pursuing.

 

The SLC company can not tell me how much they sold the debt to Erudio for as it was covered in 2008 Sale of Student Loans.

 

My question is it seems the "obligation" was settled then to the SLC, and transferred to Erudio.

 

I need help with the legislation they produced as it doesn't seem to apply and also if there are any exceptions etc that can be made.

 

Also, SLC acknowledged no connection with Erudio and that they are a private company

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I don't see anyone trolling you here okokok, but anyway hopefully you don't think this is a nasty unproductive comment.

 

As I understand your posts your problem isn't that some DCA, or anyone else, has been trying to recover the loan.

Your problem is that you need a new student loan from SLC or you will be removed from your course

but SLC are refusing saying they will not provide a new loan while you still owe money on the old loan, even though it is statute barred.

 

SLC have quoted legislation that says you are not eligible for a new loan if you are "in breach of any obligation to repay any loan".

The legislation they quoted is The Education (Student Support) Regulations 2011 section 137 (3) (b)

 

http://www.legislation.gov.uk/uksi/2011/1986/regulation/137/made

 

This isn't what you want to hear but in my opinion you do still have an "obligation to repay" your original student loan even though it is statute barred.

 

There's a difference between the loan still being due and the SLC being able to enforce recovery.

They can't enforce recovery but the loan still exists.

 

I don't know if any court has ever ruled on this and a judge might not agree with me,

but that's my opinion,

I think SLC are justified by The Education (Student Support) Regulations 2011 in refusing you another loan.

 

Sorry.

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HI Ethel, no you have never trolled :-) the troll posts have longed since been deleted, I was simply putting in a polite request for no more as I almost didn't come back for the support I need.

 

My main purpose is to understand, so thank you for your input. The link is great.

I think you have the gyst of the scenario.

 

However technically, in this instance, SLC have been paid and the debt with them was settled by Erudio.

 

Erudio are a private company with no connections to SLC.

 

I don't see any difference with say if my friend had paid the SLC loan amount off.

 

As far as the SLC are concerned, as their records show, there is no debt - therefore no obligation - to pay to them.

 

The Appeals letter states that my debt to the SLC still exists. I ring the SLC and they say it doesn't!

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sorry i'd quite forgotten your unique situation....

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Another way to view this, which is perhaps what you are getting at Ethel, is the loan ("loan" means a loan made under any provision of the student loans legislation) is an entity in and of itself and it doesn't matter who owns it - the obligation is to repay it.

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sorry i'd quite forgotten your unique situation....

 

That's ok :-) There isn't much about this anywhere. I just can't accept that under the circumstances, this is applying the spirit of the thing correctly.

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However technically, in this instance, SLC have been paid and the debt with them was settled by Erudio.

 

Erudio are a private company with no connections to SLC.

 

I don't see any difference with say if my friend had paid the SLC loan amount off.

 

As far as the SLC are concerned, as their records show, there is no debt - therefore no obligation - to pay to them.

 

OK. Let us know how you get on.

 

Bear in mind that even if SLC accept that selling the loan to Erudio is equivalent to paying off the loan Erudio won't have paid anything like 100% of the original loan amount.

 

So if Erudio paid SLC say 20% of the original loan (just guessing, I've no idea!) SLC would say that 80% of the loan was still outstanding and due from you.

 

And I doubt removing the loan from their financial statements means that the loan is therefore no longer owed to them.

 

That's just my gut feel though, I couldn't point you to any court decisions or legal rules relevant to this.

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