Erudio/drydens claimform - old Student loan

[paperphobia]

Hello,

 

The original SLC loan was from 1997/8 and 1999.

 

I got a letter from the erudio student loans show below.

 

I remember stupidly signing something back in the 2000's from them when they bought it I imagine, can't remember the date exactly.

 

I stopped sending the deferrals in again a while ago, again can't remember when.

 

Since then I have just been getting letters from them and ignoring them.

 

They sent me a whole bunch of stuff with a reduced amount offered if I pay it back, also which I ignored.

 

They want me to pay the whole lot now or may take legal action.

 

Do they have enough to go, it says I am breaching some condition of consumer credit act?

 

I appreciate any feedback, thanks.

[dx100uk]

that's a default notice and non compliant with the act anyway.

shame that erudio [arrows dca]

 

interested in your text

 

you say you have been getting discount letters??

[paperphobia]

Hi,

 

Yes, I remember getting a 1cm wad of papers that were the same repeating 6 or so pages of notices for deferral and statements which looks like they sent about 6 months worth of separate letters all at once.

 

At the end there was an offer of a reduced amount on each of the 3 loans

(I censored them on that letter, but I have all combined 3 which were nearly £8000 with the interest)

if I paid them on that written demand.

 

 

I had a stack of other letters and burned the lot of it unfortunately because I had it lying around and I hate this paper crap

( I know that was not the most intelligent thing to do),

but I remember it was about half of my original amount, if I paid them then.

 

 

I guess it would be a bit out of turn to ask for another copy...

 

What do you mean non compliant with the act?

Oh so erudio are a DCA?

I thought they were the new debt owners D:

[dx100uk]

they are the owner but the owner of erudio is arrow global DCA

the gov't sold the debts off to them

 

they created a shell company erudio...clever that..

to fleece millions of students.

 

think you need to go get reading a few erudio threads.

 

that's the first time ive heard of them offering a discount

this is very interesting...

[paperphobia]

That is what made me think I had this in the bag. I remember seeing it and reading it and laughing to my mum about it, that they would reduce it if I paid by this date and would not take it further. It seemed odd to me.

 

I thought if it is that arbitrary, then why not write it off?!

 

It reminded me of the car parking tickets offering you a last ditch reduction if you pay them, that is why I thought it was another tactic of theirs.

 

Does it matter that I signed their stupid documents in the beginning? Even so I am tempted to ignore them anyway since they are not my original creditor nor the terms I got the loan out despite all this about being transferred from teat to teat, being compelled to abide by any arbitrary dictate.

[dx100uk]

was a deferment form?

[paperphobia]

No it was a letter with a table at the bottom of the amounts and a deduction, like an itemised bank statement, with the explanation above saying that I can pay a reduced amount.

[paperphobia]

I just received this claim form from erudio, against me for the student loans I took out in 1997, 1998 and 1999. I never earned enough to pay the amounts and still don't, but since around 2015 maybe I stopped sending back deferrals as apparently loans that old had been scrapped.

 

It was moved from SLC to erudio in November 2013

 

Now they are claiming for it whether in part or full.

I really dont have the money for court costs

is there an out of court settlement still possible.

I would prefer to contest this if there is any standing on my part.

 

I also ta letter from a solicitors of pre action notice but this is before the claim form which I got yesterday.

Edited November 3, 2018 by dx100uk
images removed

[dx100uk]

shame you ignored that pre action protocol letter [ive removed it and the claimform..we don't need to see them']

 

I suspect that you've totally ignored them since your merged thread here in 2017?, and this along with ignoring the PAP letter has led them to think a claimform is well worthwhile as you'll probably ignore that too..well you DON'T

 

first off:

please complete this...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(2-Viewing)-nbsp

 

dx

[paperphobia]

Name of the Claimant ? Erudio Student loans ltd

 

Date of issue – November 2nd 2018

 

What is the claim for –

 

 

1. The Claim is for the sum of £8k in respect of monies owning by the defendant on a credit agreement held by the defendant with student loans company under account number XXXXXX upon which the defendant failed to maintain payments.

2. a default Notice was served upon the defendant and has not been complied with.

3. the balance owed was assigned from student loan company to the claimant, and the defendant has been notified of the assignment by letter. contact drysdenfairfax solicitors on …….

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

 

What is the total value of the claim? £8066.28

 

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

 

When did you enter into the original agreement before or after April 2007 ? The original was 1997, 1998 and 1999 but it was "moved" in November 2013

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No

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. Erudio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Was there a dispute with the original creditor that remains unresolved? No

claimform.pdf

Edited November 4, 2018 by dx100uk
updated

[dx100uk]

when was the last time you deferred this? pre nov 2012?

[paperphobia]

No it must have been around 2014, after they took over from SLC

 

read that you did not have to enter your debit card details, and I sent a CCA request to which they sent all the paperwork again after sending me the CCA, so I didn't send it back and stopped reply to the deferments.

 

I gathered that if you didnt have to fill out the details they would not have anything to go by since they can't go into your account and take the money.

 

I was sort of trying to make sure they can't start taking money out .

[dx100uk]

did they produce paperwork the agreement for the specific account number they mention in their POC?

[paperphobia]

Yes it is in the particulars, I just didnt include it in the post.

[dx100uk]

so you still have a copy of that CCA return of that specific the number they are litigating ?,

and was that agreement for the sum they are after? or is the sum far greater than that one loan was ever for??

ie they've lumped the whole outstanding of all the loans using that agreement number and are now litigating using that one alone?

[paperphobia]

Probably not the best move but I dont have that any more along with the rest of it because I had such a mountain of paperwork I threw

 

But I do remember they sent a copy of the SLC agreement which was for the original loan amounts I took,

 

but their paperwork was for the interest on it at the time they took over and the interest while it is with them. And their account number was different to SLC if that is what your asking,

 

I have a statement from them with the claim in their own paperwork that is for the original amounts but they are claiming for the interest the whole 7K,

Edited November 6, 2018 by dx100uk
Spacing

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[paperphobia]

Sorry, I re read it, the particular says:

 

-The claim is for the sum of £7k in respect to monies owing by the defendant on a credit agreement held by the defendant with studen loans company under account number xxx upon which the defendant failed to make payments.

 

So it is the SLC one, which they are referring as customer number on their paperwork.

[dx100uk]

put that scan back up please I I can type the actual poc out properly please

[dx100uk]

post 10 updated.

 

have you earned above the threshold since you last deferred ?

[paperphobia]

Not even close. The last amount I remember was over 2.8K per month and I have never even touched any of the thresholds.

[dx100uk]

could be useful then..cause if you had of used say the SLC deferment forms rather than the erudio one [which you quite rightly refused to use], which at the time of your last post of before yo got the claimform you'd have seen to do if you'd read around here , you wouldn't be where you are now..

 

let me mull this over..cause if I remember rightly, their default notice was defective anyway.

[paperphobia]

I did use the SLC deferrment forms all the way though.

I only stopped about, give or take a year after the move to erudio when they sent me all their guff, which was when I got their move pack (nov 2013 according to drydens fairfax letter) that I filled out at the time.

 

Then a year later when I sent the CCA because I began investigating the debt thing and that debit details were not required on thier forms, I got back a ream of paper plus new forms to fill out and sign, which I cant remember if I sent back or not.

 

About a few months after when I saw the limit go up and up I just gaveup and, yea I will hold hands up and admit it wasnt the best move, just dropped the deferrments thinking they did not have a cause since it was a student loan and not a "real" loan.

 

additional: this was also because the loans I had were dated pre 2007 or whatnot and that they were not enforceable.

 

Thanks I will donate again for your time. Delete this post if necesary.

[dx100uk]

are you saying the CCA was not complied with?

[paperphobia]

They sent me a wad of history and a copy of the SLC agreement, so they did comply as far as I could tell, of the loan that dates to october 1998 I suppose they complied in that case

 

They sent along with it the initial documents that they sent me when my student loan was moved over to them. Which was what I did when I found out you didnt have to give them your debit details, so I kind of re-signed their stuff with minimum details