Erudio/Drydens claimform - 1993/4 SLC Loan - poss SB'd? - now N244 strikeout+SJ

[europa16]

Hi,

I've tried to have a good look through the website, which has always been a great help over the years (thank you so much!!) but I just need to clarify a few things before I end up doing something stupid.

I had the old mortgage style student loans with the Student Loans Company back in 1993 and 1994, and deferred them over the years due to low income and poor mental health.

I don't know if I'm remembering right but I think the last time I acknowledged the debt and tried to defer again was 2012 or 2013 (not a good year personally, don't remember much).

Fast forward a few years, find out the account was sold to Erudio - never acknowledged any debt, but now in the past week, I've received a Letter Of Claim from DrydensFairfax to my current address which starts with the following:

"This is a Letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims...".

They are trying to claim both 1993 and 1994 loans together under one account number and the account summary only states balance on 11th September 2018 (debits/credits/interest), along with adjustments for menial amounts between 6/9/2018 and 11/9/2018.

So, how much of this is hot air or are they trying to get a backdoor CCJ?

Should I send a CCA request to them (is it s.77 or s.78, sure its s.77 but better to be sure)?

Do I send the new GDPR SAR request and if so, who do I send it to - SLC, Erudio or Drydens?

Do I bother to fill in the Income and Expenditure form, repayment offer, or reply form they've sent?

Apologies for the questions, need to make sure I don't screw it up.

ta

[europa16]

Thanks, I've had a read of a number of them and think I get it.

 

So, fill in the standard reply form with the tick boxes as mentioned in the PAP sticky,

send a CCA request and £1 (does this have to be a PO because my nearest post office is miles away - can I stick a £1.00 to the letter, don't want to send chq for obvious reasons, and have electronic proof of posting for any proof).

 

So I don't need to SAR them at this point?

 

I don't trust the numbers they've got and certainly think one of these loans has gone over the 25yr mark.

It's possible they are also statute barred, although the date could be short, but get that they could restart the clock from reading other posts.

[europa16]

But if they can't produce the original agreements (there are two), then surely they wouldn't be able to pursue the full amount they are attempting to claim I owe, which seem to have been bundled together in one debt when in fact it was two and the earliest is over the 25yr threshold?

I'm just going back to how I dealt with the credit card companies years ago, and thought this may be similar.

Will follow post 2.

Sorry, quick question... does the SAR go to SLC or Erudio?

I know I ask a lot of questions, I have ASD.

[europa16]

Dryden have sent me a big envelope with the agreements from 93/94 (turns out they are both 1994).

There is also SLC yearly statements, balances and adjustments when it went to erudite, crap quest, arrow, a default notice warning from 2016 to an old address which I wasn’t living at, notice of assignment pack from sac to erudio.

 

Although you can see my name and address and date of signing the agreements, the terns are illegible, a really bad photocopy.

Additional terms are dated 1997, way past when these were taken out.

 

No deferment forms from years back before erudio took the loans, no way of knowing my last contact with these companies but I’m pretty sure they will soon be statute barred.

 

What next?

Do I sit on these or should I be getting ready for court papers?

They’ve asked nicely for a repayment plan!

Edited November 24, 2018 by dx100uk
spacing

[europa16]

Will do

[europa16]

They didn’t show anything like that, nor when I last had contact with them.

 

Also, they have now sent another PAP letter, identical to the last one. Confused. Can they do this?

[europa16]

Sorry for not replying sooner.

 

I've found the first letter from September and side by side they are identical, customer reference number, date allegedly entered into with SLC and the figure they reckon I owe.

 

The only difference is the date at the top of the letter.

[europa16]

Won't they just say that they have provided the info with the last disputed PAP letter? As they are identical, they've supplied an envelope full of docs from SLC/Erudio so is it cheeky to say they haven't supplied the info (one of the dispute reasons in post 4 of the advice)?

Trying to figure out what they are up to

[europa16]

Drydens have sent a 3rd identical pap letter!!

Are they even allowed to keep doing this month after month (until I give up sending them back?!)?

I’m pretty sure this is getting close to being statute barred, if not already, but they’ve given me nothing that I can say when it was deferred, when I last spoke to SLC, nowt!

Keep sending these back as before?

[europa16]

Thank you, your help is invaluable! I'll sit on it and see what happens next (probably another set of identical paperwork in 4 weeks time!)

[europa16]

Drydens have issued a County Court claim form which was received today. I’m pretty certain this debt is now stature-barred, so what now?

[europa16]

Name of the Claimant ? Erudio Student Loans Ltd c/o Wilmington Trust S P Services (London) Ltd

Date of issue –  03 May 2019

Date to acknowledge - 21 May 2019

Date to submit defence  - 4th June 2019

Particulars of Claim

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

1. The claimant claims £2900 for monies due from the Defendant.
2. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited.
3. The Defendant failed to make payments as per the terms resulting in the agreement(s) being terminated. Notice of such is served by a Default of Termination Notice subject to the terms of the agreement(s).
4. The debt was assigned to the Claimant on xx/11/2013, with a notice provided to the Defendant. A new master reference number 6xxxxxxxxxxxxxxxxxx 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? Approx. £2900

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes, 3 times. Sent paperwork back twice disputing debt, didn’t third time.

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, twice.

Did you inform the claimant of your change of address? No, but the Notice of Assignment did find its way to me in 2015.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loan (Mortgage Style) pre-1997

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

Do you recall how you entered into the agreement...On line /In branch/By post ?  At university, not sure if by post or in person.

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not checked recently, but wasn’t.

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, Erudio

Were you aware the account had been assigned – did you receive a Notice of Assignment? Wasn’t aware until 2015 when paperwork was received.

Did you receive a Default Notice from the original creditor? No, don’t believe so.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Only in the PAP paperwork and this month.

Why did you cease payments? SLC refused to defer due to late paperwork (was on long term sick for depression) and due to other issues, it just got left after I cancelled the direct debit.

What was the date of your last payment? Maybe 2012, no later than May 2013 as they automatically took it out of my bank account because of the above.

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? They were aware I was on long term sick (10yrs at that point) and not working, and despite requesting longer deferment, they refused.

Thinking back to the last time I dealt with SLC,

I’m fairly certain it was 2012 when I cancelled the direct debit, after they refused to accept the deferment because the DWP sent the stamped paperwork back late

(I was living in the middle of nowhere and no transport - the nearest job centre was 15 miles away at the time).

[europa16]

I have logged onto MCOL and submitted the Acknowledgement of Service. I am defending all of the claim, but now what? 

Do I write to them and tell them I believe the debt is Statute Barred or do I put this as my defence?

Feeling somewhat stressed at the moment and left floundering...

[europa16]

Thanks for the replies.

Because they sent old cca and some other bumf when I filled in the PAP forms, do I still need to do the CPR 31.14 request?

They originally sent a badly photocopied CCA and very poorly copied terms and conditions which were 3 years newer than the agreement. Need to have a wade through the rest of it...

Also, should I ring SLC just to make sure about the Statute Barred or is it pointless?

[europa16]

I’ve had a closer look at the paperwork they sent to me

there is no deferment paperwork amongst it, the only mention of deferment is on the Notice of Assignment Pack they allegedly sent out to my old address in February 2014 (which I obviously never received).

It shows the “loan accounts to be transferred” and the “current status of loan” as Deferment - I hadn’t spoken to SLC since 2012 at the latest.

Nor is there anything in the statements from 1995 onwards to say I’ve contacted them, it’s all just interest added on or taken off as they mucked up the calculations!

If there was the deferment paperwork available, would they have had to show it as part of the PAP or is this how I prove the loans are Statute Barred? There’s nothing in relation to deferring for a new year before or since they took over.

On the Statute Barred thing, though, is this from my last contact with SLC or the Notice of Default that Erudio claim they sent me in 2016 (wrong address)?

Also, I took a look at the credit agreements they sent and they are almost impossible to read! Would upload but keep getting an error. Will keep trying.

I’m trying to find the best defence against them but without knowing for certain the last time I acknowledged this thing, I don’t want to restart the clock without realising!

[europa16]

I know I shouldn't worry but when I read about court cases which went to the High Court and judges deciding Default Notices reset the clock, I am worried

- Erudio did issue a default notice in May 2016 (not SLC).

Not that I received it - it went to an old address!

 

I don't want to toss things up by issuing a defence on it being Statute Barred if Drydens can then rely on the Default notice to say it's not, as I have then acknowledged the debt and will have to pay this back (despite being under the salary threshold for the majority of the 25 years).

This is stressing me.

[europa16]

I did a CPR 31.14 just in case they held anything back in the PAP paperwork but nothing received so assuming they've got nothing more.

Therefore, I'm going to file the following (as mentioned on a number of other threads with SB debts):

 1 The Claimant's claim was issued on 3rd May 2019.

 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 £2900  or any other sum, or relief of any kind is denied.

Is that it?

Do I need to add anything more?

 

Ta

[europa16]

I filed my defence at the end of last month, stating it was SB. Have heard nothing from them since. How long have they got left to respond and what happens if they don’t?

thanks

[europa16]

I did - that’s been filed with the other paperwork but there’s been nothing more from the courts.

After I posted this last update, the postman brought me the CPR paperwork from Drydens which I’d asked for weeks ago, and confirms my thoughts that the debt is SB and they have nothing but statements and a v.poor copy of the agreement.

[europa16]

I've double checked the MCOL website and the last thing on there is my defence on 28/5/19.

Drydens have not done anything on there.

The paperwork I received from HMTCS stated that they would need to go back to the court with a good reason if they wanted to do anything after 28 days.

So, no more hassle?

[europa16]

Right, now I am worried!

I've just received a letter from Drydens Fairfax, dated 2nd August 2019 telling me that an application has been made to enter a County Court Judgement against me!!

I entered my defence on 28th May 2019 through MCOL and have heard nothing back since.

They've not uploaded anything, they've not been in touch since sending me what I already had (and after the cut off point).

What do I do?

[europa16]

The MCOL screen grab is from 5 minutes ago

drydens letter claiming judgement+mcol status.pdf

[europa16]

There is no CCJ number, just the MCOL claim number and also the account number, along with outstanding amount.

 

There's been no update from them or the courts since the end of May when I submitted my defence (which is showing on there as received).

[europa16]

The claim number on both the MCOL claim and their latest letter are the same. The amount outstanding has changed though, they have added an extra £22.00 to the letter.

[europa16]

I should write to them?

I filed a defence which they have totally ignored and want to get a judgement against me.

Wouldn't the courts need to know that they're trying to pull a fast one by ignoring my defence?