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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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kevin19

Backdoor Sth Water CCJ - Now HCEO's - Andrew Wilson and co. Help with a CCJ Removal

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hi,

i'm kind of hoping someone might be able to help me out with this issue,

i don't have money to go and see a solicitor so i'm doing it myself,, 

 

i recently looked up my credit file on a web site and was shocked to see a CCJ,

i had no idea what it was about

 

i called up the court and they gave me the company

it was a water bill from a house that i never lived at,

it was in fact my ex partners home where she moved after we split up,

 

i moved out and on to a friends flat for about six months and she, my ex, went to live in margate with our two kids,

i stayed on london for the next six months while i was awaiting a transfer from work and eventually found a flat near to where she lived so i could she the kids,

 

i asked her if i could have my bank account registered at her house as i didn't trust the communal post box,

she said it would be ok, t

 

after about 7 months my ex said she wanted to go back to london and made a mistake moving there,

she left the house after seven months,

 

said she never got a water bill while she was there,

the water company apparently sent me bills to my exs new place back in london, addressed to me,

 

i'm now living with a new partner, and knew nothing about it all,

 

i had enforcement "men" threatened to come into my house and take my stuff,

i went to court and got a start of the writ with the intention of arguing my case,

mainly being that i didn't live there, and i'm not responsible for the bills,

 

i have some letters with my address on from the time in question

 

what would i need to conclusively prove to the judge that i never lived at her address,

she has even written a letter to the judge stating that she was responsible and that i didn't live there,

 

i'm sure it's not going to be enough,

the water company won't answer my emails,

 

i've called up on the phone and got nothing except they are "looking at it now"

 

it's been two months, they won't respond,

 

any ideas or help would be appreciated 

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We will have a look at your story and try to give you some advice. However, it is very difficult to read a solid block of text in the way that you have presented it.

Please will you present your story spaced and punctuated. It makes it much easier for people to follow and they will be much more likely to give you the advice that you are looking for


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done for you

 

...

moved to legal lorum.

was the letter from a court bailiff mentioning a warrant?


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

 

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In addition to the above question, could you please tell us which water company you are dealing with.

You will need to get the judgement set aside. From what you say, you should have actually no difficulty at all. However you will need to pay a fee for the set-aside application and I'm afraid that you will probably have to bear the cost of this in the end or maybe get your ex partner to bear the cost - unless you can show that they were in error in identifying you as the responsible party.

You should contact the water company and send them an SAR.

You should also contact the court and asked them for a copy of any documents they have got including a copy of the judgement. Ask them to email them to you.

The basis for getting a set-aside is that you didn't receive the claim documents and also that you have a reasonable chance of success if you are permitted to defend the claim. From what you say, there should be no problem showing either of these to be true. In particular you say that you can get a letter from your ex partner confirming that you are not the responsible person. Frankly you should be able to contact the water company and put this to them and I can't imagine why they wouldn't be prepared to consent. Water companies are not particularly aggressive and they simply want to get their money and then out to get you as are many debt collection companies.

Please answer the questions that have been put to you.

 


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hi.

i never actually got any letters from anyone untill i found out about the CCJ

 

then i asked the court for details of who it was from southern water company,  

then as soon as i phoned up the collection agency

they came around was rude as anything and said they was going to take my stuff.  

 

then told me the bill had gone up from £890 to £3200.  

that's when i got a stay at the court, other than that i havnt had any letters at all 

 

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Please give more details about the collection agency.

You say that you are able to get something in writing from your ex-partner that you are not responsible. I suggest that you get that immediately. Is your ex-partner prepared to take responsibility for the debt?

The jump from £890-£3200 sounds enormous and it sounds to me as if they must've moved this up to the High Court for enforcement. You will get more specialised help soon – but in the meantime send the water company an SAR and get the statement from your ex-partner.

 


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i have just this minuet sent them a SAR.

hopefully i'll get something from them, but so far they havnt responded to any emails i sent.

 

my ex has already written the letter explaining things for the judge to read when it finally get to court. 

shes a decent woman and if i asked her she would come down and go to court with me,

in her letter she accepted responsibility

 

i just can't understand why the water company won't respond ?? 

 

feels like i'm going to get shafted here, how it can go from £890 to £3200 in the space of two weeks i don't know, i'm really lost 

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oh and it's Andrew wilson and co. enforcement officers

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If you have sent the SAR to the water company by email, it would probably be a good idea to send a copy by letter as well. If you have only just sent them the email then don't forget that it is a bank holiday today.

What I don't understand so far is why they should have identified you as the responsible party. If this is clearly an error on their part then they will have to absorb all the costs. If it is an error on your part that I'm afraid that you may be liable.

Can you try to explain carefully why it is that they have you down is the responsible party. Also, is the actual water bill – substantive part not the collection costs – has that now been paid?


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well from what the lady on the phone, customer service,  told me it was because they knew i had my bank statements sent to my exs address, since we broke up i have been staying at friends place untill i found a flat to rent in margate ,

but the place had a communal post box so for safety i got my letters sent there,

 

thats  until i met my new partner and we moved in to together,

other than that i don't really know,

i can't actually pay the bill a single there isnt one anymore,

or i would just to get them off my back,

 

the actual bill is 890 the rest is something else, fees i would guess.

 

il get a letter in the post asap with regard to the SAR, good idea, this is all since 2014/2015 

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sounds like the usual SW tactics to me

they've sent in the HCEO's as the debt is above £600

 

becareful

they are BAILIFFS NOT A DCA

so have legal powers!!

but they cannot force entry on a consumer debt.


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

 

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i wouldn't let them in, as they was waiting on my front door when i got back from the park with my son, i got my phone out to record everything, they were being really nasty, even though they never knew where i lived untill i phone them up and told them i was sorting this out,

horrid experience 

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well you need to get the warrant suspended

best idea might be to get an N245 running to the court and also request the warrant be suspended for now

a lot quicker than set aside the CCJ, that's poss for later

thread moved to the main bailiff forum.

 

have a read of these threads

explains everything

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=southern water CCJ warrant Bailiff&oq=southern water CCJ warrant Bailiff&gs_l=partner-generic.12...222377.222377.0.223565.1.1.0.0.0.0.151.151.0j1.1.0.gsnos%2Cn%3D13...0.0...2.34.partner-generic..1.0.0.pceIapA3BaY


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

 

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OP already made application to stay DX...thread title amended


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really missed that bit.

one line so there is...🤣🤣

 


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

 

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thanks for your help guys, not going to lie this is really stressing me out :-(

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ok sorry I missed a bit

so where are you at now.

you've got the warrant stayed?


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

 

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yeah got the warrant stayed, awaiting court on the 29/05 

just not sure what to do now, i can only tell the judge what happened and hope he agrees with me that I don't owe the money, but i don't trust in these things, i always seem to get bent over. 

going to ask my ex partner to come to court with me and explain to them what happened and that she is the one responsible. 

not sure the judge will believe me 

 

Even if i have some bits and pieces of proof of where i was living at the time :-(

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what about CTAX proof?

voters?

works proof.

utils bills from where you moved too.

 

I will guess the solicitors are shulmans that did this 

lots of threads here about these backdoor SW CCJ's as in that link above.

 

 


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

 

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10 hours ago, BankFodder said:

We will have a look at your story and try to give you some advice. However, it is very difficult to read a solid block of text in the way that you have presented it.

Please will you present your story spaced and punctuated. It makes it much easier for people to follow and they will be much more likely to give you the advice that you are looking for

It isn't really a block of text to be fair

 

OP, what proof do you have at hand?

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that's because I later spaced it for the user.

 

dx

 


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

 

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59 minutes ago, dx100uk said:

that's because I later spaced it for the user.

 

dx

 

thanks for that , never done this before and using my phone isn't the best idea either, :-)

 

1 hour ago, dx100uk said:

what about CTAX proof?

voters?

works proof.

utils bills from where you moved too.

 

I will guess the solicitors are shulmans that did this 

lots of threads here about these backdoor SW CCJ's as in that link above.

i have some bills and a council tax bill, car log book and a driving license which i found, 

but i'm not sure if that will be enough. ?

 

shulmans that the one,

i spoke to them and asked what was going on,

she said that i was responsible and asked me for my previous addresses

 

when i told her she said that's not the information i have and then said there was nothing more to say and hung up,

these people seem to be so hard faced. 

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thought so..

go read these threads

you should pick up these were mostly all backdoor on purpose and SW are getting quite frustrated with what they did

don't ever speak to Shulmans again.

all you'll get is tough we want the money as they get a cut!!

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=shulmans ccj&oq=shulmans ccj&gs_l=partner-generic.12...15003.17970.0.20377.5.5.0.0.0.0.94.353.5.5.0.gsnos%2Cn%3D13...0.967j346481j4...1j2.34.partner-generic..5.0.0.zWzt0xHnkQQ

 

the docs you have should be perfect to prove you don't owe the debt.

and never did

sadly this is Shulmans that have collated the info 

they LIE!!


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

 

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