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    • 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. 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(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. 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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.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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thedryad

Carphone warehouse iphone on Vodafone - mystery £196 data use - and I didn't even use the phone!

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Hi all,

In 2011 I took out a mobile contract with vodafone.

It was a 24 month contract which I renewed every two years and got an upgrade etc.

In 2017 I renewed again and all was fine

 

recently the bills started to increase.

We don't get mobile reception where I live (within a 3 mile radius).

I used wifi for most of the time, very rarely did I use the internet apps on the phone using 3G when out.

I made sure that data roaming was switched off.

 

when my bills started to increase I queried it and was told that I'd exceeded my monthly data allowance.

The thing is I barely used the phone (iphone) when out.

 

Two weeks ago I got an email from vodafone to say that I had charged of £79 for data used!

I was shocked!

I switched my phone off and put it in a cupboard.

 

The next day, I got another e-mail from them to say that they would be restricting my services until I'd paid my bill because my data charges had reached £113!

in just one day I'd apparently used £24 of data when my phone wasn't even switched on!

 

I got in touch and they said that I must have used my phone and that I had to pay.

I said that I would not pay and that there was no way I could have used that much data, especially in such a  a short space of time.

I told them to cancel my services and disconnect my number, but they said that they can't do this untill I pay the bill - which had now gone up to £196!

I couldn't beleive it so I hung up.

I then took the sim card out of the phone and destroyed it.

 

I'm now worried because I have no way of paying this £196, and I don't want the charges to keep increasing but vodafone are not listening to me and just keep telling me that I need to pay it.

 

I don't beleive that I ever signed anything when I took out the contract with them.

I really don't know where I stand or what will happen next.

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send them an sar

check they've not trashed your credit file.

 

dx

 


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

 

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I don't really care about my credit score, it's shot to pieces anyway.

I just don't want the charges to keep going on when I'm not even using the phone and can't afford to pay.

 

I've looked through the e-mails and have found the confirmation from carphone warehouse and the welcome e-mail from vodafone but no agreement and no payment schedule of any kind.

 

Can you please advise what I can do please as I know they're not regulated by the CCA1974.

I know it will probably go to a DCA at some point so I can't request a CCA with them but I can dispute it, but on what grounds?

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cant do anything without know what they do or don't hold on you.

sar time.

 

at what point did you turn off roaming and/or disable mobile data.

as with most phones, there are apps that people simply install or allow to do this or that without reading on the screen what access you are giving it to the phones capabilities.

 

in doors you might well have defaulted it to wi-fi when in range but outdoors if you didn't turn off roaming and/or disable mobile data it could well have used those when you took it out before you shut it off and removed the sim later in time. and these are charges on that data use being outstanding.

 

 

 


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

 

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I defaulted it to WiFi for indoors abc has it switched off when out unless I needed to use it.

 

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certain apps will seek out ways of connecting and then updating or sending useless location data so a bunker in Nevada but all of ths costs you money becasue you are not told they are doing this.

Finding out what has been connecting will be helpful as that will give you some bargaining power if it is a known problem and they didnt warn you as to what was eating your money

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I sent a SAR by email and haven’t had a reply or acknowledgment. I don’t have any means of printing a SAR to post them.

 

Every time I contact them they insist I have to very my identity by uploading ID such as driving licence and utility bill onto an online form. 

Not only is my name now different from what they hold (they said the only way they’d add my new name to my account was to go into a Vodafone store which is 50 miles away), but I don’t want to upload my personal documents online! 

 

Today I had an email from a company called Zinc group:

 

 

Dear Mrs. .......

We have been instructed by our client (Vodafone) to assist you in getting the outbound bar on calls on your phone lifted.

Please call us now on 01789 405 056 or make payment to the details below for this to happen: 

Sort Code: 40

Account No: 

Bank: HSBC

Failure to do so will result in:

1. Full disconnection and loss of your mobile number

2. Estimated termination fees of £41.72 being added to your account
3. Your account being passed to a debt collection agency where further fees will be added to your account increasing the overall balance to approximately £234.09

4. A default being registered on your credit file

You can call us on 01789 405 056 or email us at support@thezincgroup.com today, it’s not too late.

Image
I’m ignoring it as I already instructed Vodafone to disconnect my services and I also advised them that I am homeless and penniless, and that I have no means of paying.

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SAR sent on 22nd May, it’s now 2nd July and nothing, not even an acknowledgement - the SAR was sent by email to the person who has been emailing me - “Noel”. As soon as I sent the SAR his emails stopped. 

Should I chase up or make a complaint to the ICO straight away? 

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not sure where we say use email

think sar link says never use email

 

now send it to the data controller 


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

 

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Like I said I have no means of printing.

So this means my SAR was invalid? 

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most probably yes

it should be sent by royal mail to the data controller list on the FCA register website

and get free proof of posting. 

 

a printer/scanner costs <£30 now

else go use a friends neighbours or a local library.

 

dx

 


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

 

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I received the SAR docs, it wasn’t even complete and was just a few print offs of old bills! 

It did show data usage of 1.5 Mg on one day and then the next day 950mb!!!! I hadn’t even used the phone!!

How do I prove that I didn’t use this now?? **

I have now received a letter from Moorcroft.

I sent them  a letter saying I do not acknowledge any alleged debt to them or any company they claim to represent.

 

Today I received a letter from them with a few print outs of some bills from them which showed the data use but it was just internet printouts (emails they’ve sent me and printouts of my online account. It was in my old name too! 

 

So what exactly can I ask of moorcroft - I don’t want a back door CCJ - what document or what rule is it? 

 

 

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Who said send a powerless dca anything???

 

who are moorcfofts client?

 

Dx


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

 

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I don’t want a back door CCJ though. 

Edited by thedryad

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who are moorcrofts clients?

Moorcroft only chase debts not buy them so cant issue a court claim

only the OWNER of a debt can

and original creditors don't do court!

dx


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

 

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@thedryad That jump in data sounds like an iOS update, by default they download the update but only prompt if you want to install it once downloaded, usually the size of them are 800mb - 1.6GB depending on model.

 

I think that there is a setting within the iPhone that will tell you what data is being used, it may be worth setting that up. Do you turn your internet router off at night ?

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I always turn the router off at night. We have no network coverage at home. On the dates on the statement, I’d already taken the SIM card out so there’s no way I could have used any data.. the phone was switched off and left at home.

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@thedryad And when you are in the house your phone just sat on the Wi-Fi connected to that so it didn't use data ?

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Yes if I was to use the phone it would be on WiFi. Switched off when not in use. As I said I took the SIM card out in early April. 

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What I imagine has happened is;

  • You have had the phone on at some point on the Wi-Fi with the mobile data still turned on but not being used
  • At night when you have switched the router off (no need to do this btw) it has then defaulted to Mobile data
  • You have left your phone on either before you started turning it off or forgot to turn it off on an occasion
  • Due to the time of the night the phone has downloaded the latest iOS update overnight as and when signal becomes available (signals can fluctuate.)
  • This in turn has then used mobile data and increased your bill

If not an iOS update then maybe your apps have updated but the same sort of idea.

 

They can easily tell what number has used the data and that is most likely why they are just sending you bills in the SAR each SIM card has a number, that number is then linked to a geographical number and that all ties in with an account number that gets billed.

Edited by PIXeL_92

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Ah, but there is absolutely NO mobile network (any network) in this Valley, so it’s impossible that it picked up mobile signal at home. And also the SIM card was taken out before this data was allegedly used and texts were allegedly sent. 

 

 

 

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So Vodafone still haven’t responded to my complaint even though they signed for the letter 6 weeks ago.

Moorcroft are now sending letters and adding admin fees saying that Vodafone have instructed them to pursue the debt, and that my complaint was satisfied in July which it was not!

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Please can anyone else advise? Vodafone are ignoring my letters disputing the amount and as such Moorcroft are still harassing me.

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as post 15

 

dx

 


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

 

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I sent VF a letter of deadlock and they “replied” by email with a generic script, requesting that I upload documents to prove my identity! 
Shocking! 

 

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