Erudio/Shoosmiths SPC claim - old SLC Loan

[craigers]

Letter received from Shoosmiths saying I have failed to repay sums due and that my account has been terminated by Erudio. I have 14 days to pay-up/arrange a repayment plan, for fear of further action.

 

DSAR to SLC shows that I was erroneous in my belief I had updated my address and thus I was never sent deferment forms just after I moved house in late 2016.

 

In November I sent a DSAR to Erudio--no response yet.

 

I should say I am under the threshold for repayment. I have no issue making a small repayment every month to clear any arrears, but only once I can afford to.

 

Looking for a plan of action. Should I make a s77 CCA request to Shoosmiths? I'm in Scotland. 

 

[renegadeimp]

Read other topics about them.  They cant do anything. They do this to pretty much everyone.

[dx100uk]

Send backdated slc forms for the years you missed

On the homepage of this slc forum

[craigers]

Couldn't find the proof of my salary to send backdated forms.

 

Door goes today and it's Sheriff Officers serving papers. Advice would be much appreciated. 

[renegadeimp]

can you post up what you got from them?

[dx100uk]

so a simple procedure cause claim.

 

moved to the Scotland forum 

please complete this:

 

 

[craigers]

Name the issuing court: Edinburgh Sheriff

 

Who Is The Claimant: Erudio Student Loans

 

Who Are the Solicitors: Shoosmiths

 

What type of action? (Simple/Ordinary): Simple

 

What is the claim for – 

1.The claimants are a finance company which inter alia operates the business of debt purchasing.

 

2.By virtue of a debt purchase agreement ("the Agreement") between the claimants and Student Loans Company ("the Original Owner") dated 22/11/2013, 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 or owing by the respondent to the Original Owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon.

 

3.The said assignation was intimated to the respondent by way of a written notice on or around 22/11/2013.

 

4.The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974.

 

4.Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fell due.

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM]

Please see D4 paper apart.

 

D4 paper apart

 

1.The said contract between the Original owner and the repondent 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 07/10/1999, and relates to a Student Loan agreement with account number xxxxxxxxxxxx.

 

2.The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to income, to make payment of the sums due by way of consecutive monthly instalments. The said instalments 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 earned over the said threshold amount.

 

3.It was a term of said agreement that a failure to meet any instalment 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.

 

4.On or around 25/10/2018 the respondent failed to make payment of a sum which had fallen due and the said account thereby entered into default. A default notice was issued to the respondent on 25/10/2018.

 

5.The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due thereunder is due and payable now.

 

6.As at the date hereof, the sum due in terms of the said agreement amounts to £xxxx.xx In terms of the Agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the claimant.

 

date of raised claim :- Unsure, but papers were printed on 01/04/19, served 10/04/19

 

Last Date Of Service:- 13/05/19

 

Last Date For Response:- 03/06/19

 

What Documents are listed in Box E2-

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? :- Mortgage style student loans x2

 

BOX D5 what has the claimant stated:

I want the court to order the respondent to pay me the sum of £xxxx.xx

 

When did you enter into the original agreement before or after 2007? 1999

 

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.:- Original Creditor (Student Loans Company) sold debt in 2013 to Erudio, who have issued claim.

 

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

 

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 ? I believe so

 

When was you last payment:- Unsure if I have made any payments.

 

Why did you cease payments:- I have not made any as I earn under the repayment threshold so have not been due any monies.

 

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? No

 

In November 2018 I made a subject access request to Erudio. They have failed to respond.

[craigers]

I should say that this stems from an oversight by me, namely personal problems getting on top of me, and as a result my paperwork was a shambles thus I never sent my deferment form in for a couple of years and I forgot to update my address when I moved house.

 

In addition to these two mortgage style loans, I also have another three mortgage style that were sold to Honours Student Loans. I did have a period where deferment forms were not submitted but not for such a long period. HSL have acted much more like the SLC in respect to things, and have asked I make an arrangement to repay the arrears and have accepted my deferment application.

 

It annoys me that I have 5 different mortgage style loans that are with two different "lenders" and I have to duplicate everything with regards to deferment with the same conditions.

 

If I was earning above the threshold then they would effectively be treated as one with regards to paying back over 60 months. The government needs to take a look at the whole situation regarding the sale of student loans.

[dx100uk]

Ok well youve nothing to do till a few days before 3rd june.

 

So youve not earned over the threshold..?

When was the last deferment please?

[craigers]

I will have to double check, but I think the last one for Erudio ended in December 2016, just after I moved house, so I never got the renewal forms. For HSL it was September 2017. Standby. 

[craigers]

Correction, Erudio ended in September 2017. For HSL it was December 2017.

[dx100uk]

so not SB'd

did you fill out the forms erudio sent you.even the ones wanting DD details.

without reading about it all here on cag and not too but use the old blank slc ones?

 

have you ever earned over the threads hold since last deferement too?

I take it you've had nothing nor made comms since last deferment either?

 

dx

 

[craigers]

I never received forms after my last deferment ended because we had moved house and I thought I had updated my address with the SLC. I have never earned over the threshold.

 

I received a letter from Erudio I think in November 2018.

I sent a DSAR in response to the letter later that month, no response yet, and I sent a complaint email just this week.

 

I received a 14 days to pay/ make an arrangement letter from Shoos in March and was forming a reply to them but the Sheriff Officers came knocking today.

 

I told them I disputed that any money was due and that I was awaiting information from Erudio, and if that proved my loans were not deferred then I would happily arrange repayments.

 

I do not deny taking the loans, I just disagree with the fact Erudio are being heavy handed. 

 

I also had a type 1 income contingent student loan, which I paid off last year.

Having loans with three different lenders has muddied the waters. 

[dx100uk]

I cant see you having to pay this , you are under the threshold then.

did you blindly sign the erudio forms and give them a signed DD mandate when you did get them without reading cag first?

so you don't know the background that the forms were deemed unlawful by the FOS etc? and they made you sign up to T&C's that were not part of the org SLC T&C's..you need to do some catching up.

 

 

 

 

 

[craigers]

I don't think I ever completed the Erudio forms and think I have only sent the standard ones to SLC, never to Erudio but cannot be sure so await the DSAR response.

 

I'm not sure, but the deferments since Erudio took over all show on my SLC DSAR.

I provided my bank account details to HSL via SLC in November last year, but never to Erudio.

 

Just realised that I have my HMRC records online.

 

Will I print them off to cover the period of non-deferment and send away with a covering letter?

[dx100uk]

to whom?

don't do anything  with regard to anyone concerned with this claim until just before 3rd june

other than p'haps with slc and that would be an sar.

 

so effectively, all that is missing toward this debt/claim is ONE missed SLC deferment form or 2?

and that you've make zero contact with erudio since they took over 

correct?

dx

[craigers]

Effectively that's the last two deferment I have missed, although in December when returning the form for the HSL loans to SLC I included the Erudio loan numbers in with it.

 

Just checked my emails.

I must have received a letter requesting repayment of arrears in October 2014, to which I emailed them in December 2014, disputing the arrears.

 

They responded saying that my deferment had ended in January 2014 and as such arrears totalling xxxxxx had accrued.

 

I responded disputing that I had not sent a deferment application because my loans with HSL at that time were also due for deferment and I always sent the two forms in together, and asked for proof.

 

Erudio responded by asking for personal details for security reasons before they could divulge any information.

I don't appear to have followed this up. 

 

In December 2016 I attempted to register for an online account, but I cannot access this for whatever reason. 

 

In November 2018 I sent the DSAR and this week have complained that they have not responded. 

[dx100uk]

sar to whom?

 

[craigers]

Erudio

[renegadeimp]

You wont get any info from erudio as a sar really. Theyre a dca. and will only hold basic info.

[dx100uk]

Effectively that's the last two deferment I have missed, although in December when returning the form for the HSL loans to SLC I included the Erudio loan numbers in with it.

 

have you a copy still?

 

if not sar SLC get it

that should do nicely to buff off the claim.

[craigers]

I remember photocopying the completed form but where the hell I have put it, who knows?

[dx100uk]

sar whom you sent it too.

but REMEMBER if you have MOVED and you did not inform them then inc a CTAX copy and list of relevant past addresses.

[craigers]

Letter from Erudio today in response to the SAR, asking to provide information for security reasons.

 

More interested in the return address of Capella Building, 5th Floor, 60 York Street, Glasgow. What odious arms length brand is this from?

[dx100uk]

did you inc a current CTAX copy and list of relevant old addresses?

 

FYI: 

https://www.checkdirector.co.uk/company/yuill-kyle-ltd-SC352604/

 

are process servers in Scotland.