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    • Hi and Welcome to CAG     I have moved your topic to our Scotland Financial Legal Issues Forum.....please continue to post here to your thread.   Have  a read of the locked sticky  threads above yours on the process of defending a Scottish claim.   Andy
    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   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), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
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Alex_PN

Motonovo & DWF LLP - not sure what do

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hi!

 

I had a vehicle finance agreement taken out in 2017 with a car dealership in Manchester, the finance company are Motonovo.

 

The rough figures were £8000 for the vehicle and very high APR meaning the total of credit was almost £12,000.

 

I lost my job in 2018, and was unable to keep up repayments, the car was eventually repossessed in October 2018, I dealt with this amicably, as I had no job and no real reason to have the car anyway.

 

There was a Voluntary Termination clause in the agreement, which I had told Motonovo I would like to use, Motonovo are claiming "they did not hear from me" and thus they instructed agent recovery and cancelled the finance agreement. I do have quite a few emails which highlight the conversations, but nothing formal, at the time I was hugely worried about finances, and not sure what to do.

 

When the car was taken away, I received a Vehicle Appraisal and Condition report from Ceatta Ltd, who marked all conditions as good.

 

I've since received a demand from Motonovo Finance for £4398 which they say is an outstanding liability. I complained to them about the communication and said the outstanding sum is unfair bearing in mind previous discussions and the fact I no longer have the car, and have made almost 12 months of payments prior to it being repossessed.

 

They have passed the debt to DWF LLP, who are now chasing me with letters and phone calls.

 

As I am not employed, I just wonder what the best way to deal with DWF would be?? Obviously I'd rather not pay it - I'd even consider bankruptcy.

 

What are my best options?

Edited by Alex_PN

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Why consider bankruptcy over this? If you told them you wanted to VT, then youre only liable for up to a set amount of the loan plus any arrears.

 

Did any of your emails to them state the VT? remember, sub prime financers will always lie or claim something wasnt said to them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Because it's got to the stage where Motonovo have now sold the loan on, I dont think I have any options regarding the agreement.

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You do if you told them you wanted to VT and they ignored it. And are you sure theyve sold it on? If so, who to. DWF just chase people. Not buy debts.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Why consider bankruptcy over this? If you told them you wanted to VT, then youre only liable for up to a set amount of the loan plus any arrears.

 

Did any of your emails to them state the VT? remember, sub prime financers will always lie or claim something wasnt said to them.

 

The final letter from Motonovo says that I had requested the VT - but that they had then tried to contact me again, and heard nothing - hence they got the recovery agent involved.

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Just reading the letters again.... not sure now....

 

Payment details are to DWF LLP's Natwest Account. Motonovo are saying "we have passed your debt to DWF to come to an affordable arrangement"

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I think i will contact Motonovo again to ask the question....

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i'd SAR them and get EVERYTHING they have on your account.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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i'd SAR them and get EVERYTHING they have on your account.

 

I think that's a superb idea! I have just had an automated email back from the Customer Care team at Motonovo - in terms of the SAR, I assume there is guidance on here somewhere?

 

REALLY appreciate you taking the time to respond.

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Hi

To expand a little, send a SAR to Motonovo and not DWF as they won't have all the info on your case.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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SAR is free and tells them to send everything they have on the account to you. They have a set timeframe to send you it too. I wouldnt go wading in too deep without all the facts. That way you have ammunition against them. They certainly shouldnt be ignoring the fact you wanted to VT simply because you didnt reply in their timeframe.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

To expand a little, send a SAR to Motonovo and not DWF as they won't have all the info on your case.

 

thanks, I'll make this my next port of call. Motonovo are utterly useless with communications.

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Just wondering what my absolute best case scenario is with this matter?

 

It just doesnt seem fair to no longer have the vehicle after paying towards it, it being repossessed, and then STILL have another £5000 to pay back!

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well. The SAR compels them to send the info you ask for. If they dont, you can take them to court and sue them for the info as they didnt comply with your legal request. :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thats why you need to sar them and get all the info you have. SO you can reclaim if possible and find out exactly what you do owe. Not what they claim you owe.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thats why you need to sar them and get all the info you have. SO you can reclaim if possible and find out exactly what you do owe. Not what they claim you owe.

 

right! shall get onto it and post up when things progress again....

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Another update:

 

Good morning ,

 

Thank you for confirming those details.

 

I can confirm your outstanding balance is with DWF.

 

I can see we gave you the opportunity to voluntarily terminate the agreement after we sent you a Notice of Default.

We sent you an email on 6th August 2018 confirming we had issued the Notice of Default and you had 21 days to bring the agreement up to date, or we would need to take further action.

 

You responded to this email the same day advising you will send a letter confirming your intentions regarding the voluntary termination within the next 14 days.

We did not receive any further communication from you after this point until after we had repossessed the vehicle.

 

I can see we sent you text messages after 6th August 2018, prior to us instructing recovery agents, however we did not receive a response from you.

We cannot action a voluntary termination without you requesting we do so.

 

We did not receive any such request from you and we confirmed that we would be taking further action after 21 days.

It is your responsibility to notify us if you want to voluntarily terminate the agreement, as such I cannot agree that we failed to take necessary steps.

 

As I have confirmed, we did send you information regarding the voluntarily termination and the Notice of Default.

You replied to the last email we sent you about this and the Notice of Default was sent to your address, so I am unable to agree you did not receive this information.

 

The finance was loaned to you on the strict understanding that we would receive full settlement for it, either by the finance running the full term, or if you were in a position to pay off the finance early.

 

While I do understand you are no longer in possession of the vehicle, this does not remove your liability to the finance that we lent you.

Your agreement terms and conditions confirm you are liable for the full balance.

 

As we have now passed your agreement on to DWF, please now refer to them to discuss your options.

 

Kind regards

 

Amy *******

Customer Care

Edited by dx100uk
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dwf just chase debts ignore them.

 

on VT you will owe upto the 50% mark after the auction sale price of the car is removed from the balance to 50% owing

 

looks ilke they pulled a fast one and did VS because you didn't reply to something that should be in writing only not a text nor email.

 

they will also have charged you repo fees which they cant.

 

 

so have you a breakdown of the figure you owe?

what did they get for the car?

how much was 50% of your agreement, should be listed on the reverse side.

 

the fact tht you didn't WRITE and demand VT is immaterial as they state they knew you wanted VT.

 

pers id ignore them and let them do court as there is little they'll win at there with the trail of evidence you wanted to VT, NOT VS [owe they whole lot]

 

dwf are simply solicitor gofers i'd ignore them and block all text/email now.

 

 

so give us the figures please

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

 

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dwf just chase debts ignore them.so give us the figures please

 

So the letter says:

 

- Your running balance (inclusive of all fees) prior to the sale of the vehicle = £10,486.07

- Sales proceeds of £4660.00 are deduced (their typo?!) from the running balance = £5826.07

- A settlement figure was generated giving an interest rebate of £1427.54 leaving your outstanding liability at £4398.53

 

From the original sale:

 

Cash Price £8695.00

Total Amount Payable £12159.76

Payments £245.87 per month

49 month agreement 18.3% APR

Interest £3106.75

Admin fee A £199

Admin fee B £149

Edited by Alex_PN

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looks like you owe nowt to me.

they might even owe you!!

 

50% of TAP is … £6079.88

so with the payments you actually made and the sale of the car that well exceeds that figure

if you have good written proof via your comms that you wanted VT not VS, pers i'd ignore them and let them goto court where by you'll prove you case and counterclaim for the excess over £6079.88 back .

 

upto you if you ignore or WRITE ONLY telling them the above.

 

pers I think they are trying to pull a fast one and see if you can be mugged.


please don't hit Quote...just type we know what we said earlier..

 

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Sorry, I am a bit confused.

The 50% then would be if they had agreed to the VT?

Edited by dx100uk
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Doesnt matter if they agree to it or not. Once you say you want to VT, they have to do it. Not just shrug and do whatever the hell they want.

 

Thats why your emails and that SAR is so important.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Another response from Motonovo:

Good afternoon,

 

Thank you for your email.

 

I can see we responded to your email from 16th July 2018 on 6th August 2018.

The advisor apologised for the delay in responding to you and then outlined your options to voluntarily terminate the agreement, sell or part-exchange, as per the request in your email.

At no point did you request to voluntarily terminate you agreement, you said you would send notification within 14 days.

 

As I advised, we are unable to action a voluntary termination without you requesting this.

we tried to contact you after 6th August 2018 to chase you up on this, but you did not respond.

 

We did not take any action to repossess the vehicle until 17th October 2018, well over the 21 days the Notice of Default gave you.

We cannot leave an agreement in arrears indefinitely, as such we had no option but to repossess the vehicle when you did not contact us again.

 

As I have confirmed, we did not receive a request from you to voluntarily terminate you agreement.

In the email you have attached, you said we suggested you take one of the exit options, it does not say you wish to do this.

 

I am unable to find any evidence that you tried to call us after 16th July 2018.

 

I have requested our DSAR team send you all information and calls relating to your agreement. Please be advised they have up to 28 days to send you this information.

 

Kind regards

 

Amy *******

Customer Care

Edited by dx100uk
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in post 1

 

There was a Voluntary Termination clause in the agreement, which I had told Motonovo I would like to use,

 

if you have proof of this, gameover for them.


please don't hit Quote...just type we know what we said earlier..

 

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Not sure I have anything concrete, they were meant to call me to discuss the VT after the option had been given to me over the phone. That phone call never happened, they forgot to make it. I dont have anything on paper that says I definitely wanted it but I do recall saying it was of interest more than once.

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