Dry dens claim form student loan after no response cca

[Moomoomag]

Hi

I received a claim form from Drydens limited on 2/11

this relates to a 1996 student debt.

 

I had been deferring the debt as I have a disabled child and never had income at the repayment threshold.

 

The problem started in 2012 when Erudio changed the terms and conditions

- I blanked out the new terms and returned the deferment saying I still met conditions under original t&c.

 

They refused to accept this and have been after payment since. Various debt collection agencies have been used.

 

 

last year it was Capquest who threatened legal action.

I sent them letter 1 of the three letter process in June 2017.

They responded to my request for the original contract that they had requested it from the student loans company.

 

Sept 2017 they informed me they were still waiting for a response from student loans.

No more contact from Capquest, then

 

Erudio student loans send a pack of 'missed' statutory notices.

Still no original contract.

 

Now the claim form for £7777.05 arrived 2/11 from Drydens on behalf of Erudio

 

please advise as I have no money to pay this and I believe they acted unlawfully by not accepting my deferral in the first place.

 

should I dispute the claim as they failed to provide the original contract and send this back to the court?

Edited November 14, 2018 by dx100uk
Spacing

[dx100uk]

Hi ya

Welcome aboard

 

Please complete this:

 

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

 

Ive moved you to the financial legal forum

Here you'll see several like rodeo/dry claimform threads

 

You are in a very strong position here

Esp as they refused the form and have since been carpeted by the authorities for doing so

 

DX

[Moomoomag]

Thank you DX

[Moomoomag]

I need to reply to this soon as the service date was 2/11

Please help. Should I just send the defence form back saying they didn't provide the original contract? Or do I mention the refusal to accept the deferment with the blacked out new t&c

 

Sorry but I'm getting very worried about what to do

[dx100uk]

complete the link in post 2 please

then we'll tell you.

[Moomoomag]

Name of the Claimant ? ERUDIO STUDENT LOANS LTD

 

Date of issue – 02 Nov 2018

 

Particulars of Claim

 

1.The claim is for the sum of £7800 in respect of monies owing by the defendant on a credit agreement held by the defendant with student loans company under account no @@@@@@ upon which the defendant failed to make payments

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. The balance owed was assigned from student loans company to the claimant and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on....

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I'm aware

 

What is the total value of the claim?£7777.05

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student loan 1996

When did you enter into the original agreement before or after April 2007 ?1996

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No experian says credit score 999 out of 999

 

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? I was told student loans were sold to Erudio

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No - they backdated them after I sent first of 3 letter process to Capquest

Why did you cease payments?I'd not been making payments but deferring as wasn't earning because I have a disabled child. They refused my deferment form when I blacked out the new t&cs

What was the date of your last payment?Last accepted deferment was 2013 I think

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management No

[dx100uk]

you think 2013...if it was 2012 that would be better as the debt would be statute barred.

can you not ring SLC tomorrow and ask

 

for the meantime follow below:

 

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.

[dx100uk]

and one final note

 

don't ever use freeman of the land twaddle stuff

I gather you have sent one of those letters already?

[Moomoomag]

Is the 3 letter thing freeman stuff? I read about it somewhere and sent the first letter

 

When I file a defence do I just say about the refusal to accept my deferment form after I blocked out the change to t&c?

[dx100uk]

not yet for a while

day 33.

 

now go ring SLC and ask last deferment date please

[Moomoomag]

I have a letter from Erudio from 2015 outlining the complaint- that I blacked out parts of the new deferment form. The last deferment was 2014 - this I also blacked out but it was accepted and is noted in the letter. So 2014 is the last deferment.

[dx100uk]

Ok action post 7 for now

[Moomoomag]

Sorry to be dim but is it section 77 fixed loans for a student loan on the cca request?

Also if Erudio bought the loans from student loans then they are not the original creditor so I need to include the paragraph underneath? (Just want to check I'm doing it right).

[dx100uk]

Read all th e posts in the cca request thread