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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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andrew1402

lowell Claimform - OH's old EON util debt ***Claim Discontinued***

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Already advised in my last post....I really cant make it any clearer...


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I understand paragraph 5 and what you advised I'm just trying to clarify the situation basically I'm saying no to mediation because I dont have enough information about the claim to enter negotiations am ,but still have to complete the N180 form am I correct in saying that?

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You have to complete the N180 anyway.....whether you agree or not to mediation..otherwise your defence will be struck out and you get a CCJ


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

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you are the defendant, they come to the local court convenient to YOU

if you go search N180 in our search facility up top

we normally advise to agree to mediation [unless the claimants claim is statute barred]

 

you are thus entering into the spirit of the mediation process, 

you continue to agree to it until the actual day of the telephone mediation itself

 

THEN if you have not received enough information from the claimant to make an informed decision 

WHEN the same questions on the N180 form are asked again by the mediation service before it starts

you say NO.

mediation will fail.

the case will be referred to the local court for allocation for a hearing

IF the claimant pay a fee.

they might not

they might discontinue

we cant see into the future.

 

dx

 


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

 

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5 hours ago, andrew1402 said:

so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

 

The claimant does not fill that in...the defendant completes that section....its allocated to your local county court..you are the litigant defendant.

 

Have you actually read any other threads on the court claim process ?  :classic_ohmy:


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an update of sorts

 

my Mrs received an email from the court saying about times for mediation 9-1 and appointments are first come first served

 

what we can gather no appointment as yet and no more information sent from Lowell

 

if appointment does come in our case

not enough information in our case

all my wife has to say is no to that part

 

am I right?

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wont be from the court 

but the mediation service...???

 

but, yes you are correct...

 


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

 

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Maybe, so let me get this straight they go through questionnaire questions first just for us to tell them not received enough information to proceed seems hardly worth it but understand. 

Hopefully we won't have to go to court could do without the stress at the moment.

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post 162...already explained all this before

dx

 


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

 

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I know I've slept since then but anyway nothing wrong with a bit of clarification making sure we get it right 

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update no appointment been made by phone call apparently unable to it's now transferred to County Court Hearing Centre in which we have to await Judges directions which will be sent to us in a notice of allocation 

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got a few updates i'll post later today

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On 06/01/2020 at 14:48, andrew1402 said:

got a few updates i'll post later today

here is the documents they are taking to the hearing in May any advice ?

 

docs+tomlin offer.pdf

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Have you got your Notice of Allocation yet ?


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Std begging they send in every claim

Go read up!!

 

Discontinuance next


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

 

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41 minutes ago, Andyorch said:

Have you got your Notice of Allocation yet ?

Hearing will be at a court near us in MAY

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And what date must you comply with the courts directions by?


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not sure what you mean? we had a letter from court of when and where the hearing will be held and saying all documents by each party for the hearing must be in by January 20th and this letter I just uploaded is their documents for hearing and response to that

 

they also not attached the Tomlin Order Agreement 

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The letter is called a Notice of Allocation n157...that gives you notice of what happens next (directions)...you and the claimant must now prepare a witness statement and prepare any and disclose any documents you wish to rely on at trial.....normally this must be done 14 days before the hearing date....but your letter will confirm the dates....20th Jan I gather from your last post.

 

So start looking at witness statements and start preparing...dont leave it until 18th Jan to ask for advice.


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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So youve had their WS Yet??


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

 

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I'll double check to find that letter but witness statements and documents what documents does my wife give? And what witnesses ?

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Time to read other threads....the process has been explained 1000s of times.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Posted (edited)

Which one ? Which process many cases involve different things 

Edited by andrew1402

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Take your pick from the following.....100s of Lowell claims...litigation process is the same irrespective of the debt type.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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