erudio/drydens claimform - old SLC 1997-2000 - ignored everything since 2013

chilly79 · November 27, 2018

Hello

I am looking for some advice about mortgage style loans from SLC 1997-2000.

I deferred successfully up until the year that Erudio took over my account, circa September 2014.

As their deferrment form seemed more invasive/complicated, I chose to ignore

here I am now, after ignoring

default notices,

letters transferring my account to Capquest/AIC and

PAP letter,

Now a CCJ county court claim form.

I have followed some guidance on this website

- completed AOS,

sent CCA request to Erudio and

then SAR request to the solicitor.

Drysden have written back to say have placed my file on hold whilst we seek our clients instructions

they have requested copy documents referred to in my SAR letter.

I need to file my defence by the 5th December

- do I still need to do this with the solicitor stating they put my file on hold

If I still need to file my defence

do I just need to say that I took out the loans a long time ago and have requested copy documentation that is not yet forthcoming so that I can review/check what I need to pay?

Thanking you in advance.

Edited November 27, 2018 by dx100uk
spacing

chilly79 · November 27, 2018

Thank you for looking at this. I don't know why I said SAR, it was a CPR 31:14 that I sent to Drysdens. Will complete info as requested asap

chilly79 · November 27, 2018

Name of the Claimant ERUDIO STUDENT LOANS

Date of issue 02 NOV 2018

Date to acknowledge - 20 NOV 2018

date to submit defence - 04 DEC 2018

Particulars of Claim

What is the claim for –

1. The claim is for the sum of £8,942 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number xxxxxxxxxxxxxxxx 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 Loans Company to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3402

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes, letter of claim dated 26 Sep 2018

What is the total value of the claim? £8,432

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?

September 1997

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. Account purchased by Erudio, who are making the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes although not sure of exact date probably 2014 sometime

Did you receive a Default Notice from the original creditor? No but subsequently received from Erudio

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I definitely received one, not sure if annually

Why did you cease payments? Loan was deferred successfully until it was assigned to Erudio whereby I decided to ignore them due to the complexity of the new form and the fact that I did not want to deal with essentially debt collectors. My salary had also gone slightly over the threshold but due to other commitments I could not afford to pay - this was also a year where they actually reduced the repayment threshold which seemed unfair

What was the date of your last payment? No payment made

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 mangement plan? Back in 2015 I said I could not afford the repayments and asked for an income and expenditure form to fill in to agree payments going forward but I chose not to do this as I thought they would ask for bank statements which I would not be willing to provide. I also discovered CAG where forums advised not to engage with Erudio

Edited November 27, 2018 by dx100uk
spacing format

chilly79 · November 27, 2018

First attempt :

Particulars of Claim

1. The claim is for the sum of £8,942 in respect of monies owing by the defendant on a credit agreement held by the defendant with Student Loans Company under account number xxxxxxxxxxxxxxxx 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 Loans Company to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3402

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.

1. Paragraph 1 is noted and accepted the Defendant has in the past had financial dealings with Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt. The Defendant has sought verification from the Claimant who as to date has failed to supply any relevant paperwork.

2. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 section 136 (1) by the Claimant or by Erudio. I have never received any Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt.

3. On receipt of the claim, requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were posted to the Claimant’s address on 16th November 2018. To this date the claimant remains in default.

4. It is 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 Defendant’s alleged debt has reached the amount claimed for; and

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

6. On the alternative, as the Claimant claims to be 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.

7. 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

chilly79 · November 29, 2018

Just to clarify my position,

I had been under the repayment threshold every year with SLC but since the loan was transferred to Erudio I have been a small amount over the threshold.

Plan B for myself would be to engage with Erudio and set up a repayment plan before going to court and if that is my only option then so be it

Edited November 29, 2018 by dx100uk
spacing

chilly79 · November 29, 2018

Sorry I'm being a bit dim and not really following what your saying.

I sent SLC deferment forms up until Erudio took over.

It was at this point that my earnings went over the threshold.

If the loan had continued to be with SLC I would have started repaying the loan.

However when Erudio took over (who appeared to be debt collectors)

I chose to ignore and have done so ever since.

Wish I had come to this website earlier tbh.

Thanks again for helping

Edited November 29, 2018 by dx100uk
spacing

chilly79 · November 30, 2018

Just sent off the SAR to SLC, now got to finalise my defence before filing it by next Tuesday.

I've been through all the threads and can't personally improve upon by original defence per post #7.

Any additional feedback or suggestions for this are greatly appreciated.

Edited November 30, 2018 by dx100uk
spacing

chilly79 · December 3, 2018

Second attempt

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.

1. Paragraph 1 is noted and accepted the Defendant has in the past had financial dealings with the original creditor - The Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt. The Defendant has sought verification from the Claimant who as to date has failed to supply any relevant paperwork.

2. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 section 136 (1). I have never received any Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt.

3. On receipt of the claim, requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were posted to the Claimant’s address on 16th November 2018. To date the claimant is in default of my Section 78 request and their solicitors have yet to reply to my CPR request.