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

[dx100uk]

Look at the top of the forum youve posted in

There are numerous threads regarding the drydens pap letters

[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.

[dx100uk]

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

do as post 2 .........wouldn't bother with the cca .

its not that you are disputing they existed, that's not the issue.

[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.

[dx100uk]

Just do as post 2 in that thread

No need for cca at this stage

No need for sar

Already told you in above posts

Also go read the like threads here

I think you are about the 6th person to get a drydens pap

[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

[dx100uk]

i'd sit on them

[europa16]

Will do

[dx100uk]

did they send any indication of last deferment?

[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?

[dx100uk]

Same agreement no. Or a diff one

[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.

[dx100uk]

but you had more than one student loan

they don't have a clue what they are doing

some office junior hitting the buttons no doubt

 

just repeat what you have already done

[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

[dx100uk]

they are sending out a pap letter for each student loan you had

and a pap letter can only be about one

 

the office junior or probably the auto threat pc or the muppet that programmed it, is using the erudio client number not the slc agreement number

so sends two..

 

the fact that they have already complied with both? agreements is at this point immaterial

[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?

[dx100uk]

no sounds like their threat-o-gram machine is having a hissy fit.

if its anything like what im seeing here and elsewhere , then what they were supposed to do I think was send a pap form for each loans but seem to be lumping loans together under one number and then sending out multiple paps not changing the number

pers I let is run.

think its 15 people now ive counted have had these, none have gone anywhere,

as long as erudio have your correct address, then they cant go for backdoor CCJ's

which I think is what this exercise is about.

[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?

[dx100uk]

moved to legals

please complete this:

 

[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...

[AndyOrch]

No you dont write to them......you submit a defence by the date required (Tues 4th June) day 33.Perhaps have a read of other threads and view similar defences submitted and learn the process to prevent any further stress and floundering.....

 

Regards

Andy

[dx100uk]

use the custom google search box after clicking our top logo

claimform erudio SLC

lots here inc sev SB defence

pop it up here 1st mind!