Erudio/drydens claimform - old slc loan - stayed now N244

[billywilder]

Not sure I understand.

[billywilder]

Hi,

I previously posted a topic

which the conclusion became that because I have been defaulted already on my student loan several years ago there is nothing that they can do to chase the money.

I have now received a Claim form from Erudio and Drydens via the County Court this morning claiming that I owe the original amount.

And a letter from Drydens 

I will edit scans of the documents and upload them if required

I should like to know how to proceed please.

[dx100uk]

don't need to see the docs

when did you last defer or pay anyone?

 

[billywilder]

Never paid anything to them, 

Last deferal would have been at least 10 years ago 

[dx100uk]

merged threads again!

now retitled and moved to legals

re read your thread now please..

you said you deferred in 2014 earlier??

so what is now correct please?

[billywilder]

Please accept my apologies.

My memory of the situation was wrong.

 I have just been through my paperwork and I did indeed last defer in February 2014 until February 2015 with the Student Loans Company.

The loan was then taken up by Erudio. 

I haven't paid anything or deferred since, partly because as I understood it having been defaulted already I could not be defaulted again,

Should I still be applying for deferment each year?

[dx100uk]

You should have been using the blank old slc forums in the slc forum

 

Now before you deferred in 2014

When was the one before than please??

 

Dx

[billywilder]

February 2013

 

[dx100uk]

Ok clear now not sb'd

thank you

 

Please complete this

 

[Dorytime]

your last deferment was in 2014, this is an acknowledgement of the debt for the purpose of the 6 year limitation period and extends the limitation period within the meaning of s.30 of the 1980 Act and therefore, unfortunately, this debt is not statute barred.

In Bradford and Bingley plc v Rashid (FC) [2006] UKHL 37, the House considered the limitation period under the 1980 Act and ss.29 & 30 and held that a debtor’s acknowledgment of the debt claimed means that the debt is not statute barred.

Here are a few relevant paragraphs on the point from this key authority:

 [21] I have no difficulty in regarding the letter of 26 September 2001 as an acknowledgment of the appellants' claim within the meaning of section 29(5) of the Limitation Act 1980. In Surrendra Overseas Ltd v Government of Sri Lanka [1977] 1 WLR 565, 575E-F Kerr J said that the debtor can only be held to have acknowledged the claim if he has in effect admitted his legal liability to pay that which the plaintiff seeks to recover. But his acknowledgment need not identify the amount of the debt. 

[44]A debtor's written acknowledgment of his debt or other liquidated pecuniary claim starts time running afresh under the Limitation Act 1980 (the 1980 Act). Such is the effect of sections 29 (5) and 30.

 [79]The first issue is whether either or both of the Advice Centre's letters of 26th September and 4th October 2001, if admissible in evidence, constituted an acknowledgement of the appellant bank's claim for the purposes of sections 29(5) and 30 of the Limitation Act 1980.

On this issue, I agree with Lord Brown's reasoning and conclusions in paragraphs 53-60. The letters acknowledged the existence of "the outstanding balance, owed to you" or "the outstanding amount".

The appellant bank is entitled to prove the unstated quantum of that admitted balance or amount by any admissible means, including oral evidence, in accordance with the Court of Appeal's decision in Dungate v. Dungate [1965] 1 WLR 1477.

By the first letter, written in response to the appellant bank's insistence on proposals for repayment, Mr Rashid was simply requesting time to "start to repay" the outstanding balance.

By the second letter, written in response to the bank's reiteration of its insistence and its indication that it would consider writing off a substantial sum if Mr Rashid raised a lump sum payment "in full and final settlement", Mr Rashid was simply offering "approximately £500 towards the outstanding amount as a final settlement". In each case, he was clearly acknowledging the outstanding debt without question.

The above authority on this point clarifies the issue on the meaning of statute barred raised here by Billywilder and Cruet, and for any consumer for that matter.

Dorytime

[billywilder]

Name of the Claimant ?Erudio Student Loans Limited

Date of issue – 03 Jun 2019

Date to aos = 21.6.19 

date to submit defence = 5.7.19

Particulars of Claim

What is the claim for – the reason they have issued the claim?

1.The Claimant claims 4540 for monies due from the defendant

2. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company.

Each agreement had an individual account number as follows

3. The defendant failed to make payments as per the terms resulting in the agreement(s) being terminated.

Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s).

4.The debt was assigned to the Claimant on 22/11/2013 with a notice provided to the Defendant.

A new master reference number xxxj was also applied upon assignment.

The Claimant has complied with the Pre Action Protocol for Debt Claims

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

I can find no record of it but could not say that it has not been sent 

I have all paperwork relating to the student loan together and cannot find it in there but have also been ignoring them for the past few years so couldn'rt say that conclusively I have not received it.

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No

Did you inform the claimant of your change of address?NA

What is the total value of the claim?£4544

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loan

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

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No

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

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

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 have a Notice of Default from 2016 from Erudio which they appear to have not acted on but not any "Notice of Default Sums"

I have "Notice of Sums in Arrears " from 2016. I may have received them for more recent years but don't have the records

Why did you cease payments? I think I misunderstood my position. I thought that having been defaulted for the debt already I could not be defaulted again and so have had no contact with Erudio since. This means that I have made no payments nor have I deferred. 

What was the date of your last payment?NA

Was there a dispute with the original creditor that remains unresolved? I was defaulted whilst receiving Incapacity Benefit but that has now left my file so is resolved as such

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No 

the answer to this is actually No from Noddle(Credit Karma) and Experian

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?  No And Equifax

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

 

[billywilder]

Thanks. that looks good. 

I just started responding on mcol and have stupidly signed in using my company registration rather than my individual gateway id.

 

Is there a way to remedy that? 

It wont let me login to the using my individual account because it is now linked to my company account.

 

Can I assume that the claim is statute barred because it doesn't show up on my credit file?

[dx100uk]

there is no link between credit files and statute barring.

 

you last deferred feb 2014 

claim issued 6/19

so its not SB'd.

 

did you get the log-in sorted.

[billywilder]

I have to fill out and email my aos and defence now.

The Aos is done, the defence was filled out as per your last message regarding it being statute barred but it looks like I need to change that now.

 

I haven't sent the defence yet. How should I proceed?

 

I have CCA'd them previously so seems little point doing that again.

 

I am just filing the CPR 31:14

[dx100uk]

you don't email anything use MCOL website

see my post of 2 posts back..its all there

[billywilder]

Because I messed up I cannot use the MCOL website to submit my AOS so have to download form N9B and fill it out manually and then email it to moneyclaim online at [email protected].

 

I rang them and it seems to be the only way round it as I have used the password for this claim in error and moneyclaim online said that they couldn't remedy it for me.

 

What is my defence now?

 

Previously from your post I had 

1 The Claimants Claim was issued on 03 Jun 2019

2 The Claimant contends that the claimants claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitations Act 1980.

If, which is denied, the claimant contends that the defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the claimant.

3 The Claimants claim to be entitled to payment of £4544.03 or any other sum, or relief of any kind is denied.

 

I assume that this is not a valid defence now as the debt is not statute barred

[dx100uk]

sorry yes shame that happened.

 

defence is not due till 5th july.

 

probably  a holding defence.

 

 

[AndyOrch]

Why is it not statute barred....what have you found to change this ?

 

Andy

[billywilder]

What's a holding defense?

 

[dx100uk]

you last deferred feb 2014 

claim issued 6/19

so its not SB'd.

 

have you earned over the threshold since the end of the last deferred period

[billywilder]

2017 2018 yes 

[dx100uk]

but ofcourse no-one knows this bar HMRC..

 

so we cant use never earned over the threshold either in your defence...uhmmmm

 

[billywilder]

Am I better just setting up a payment plan then rather than messing around with all this now?

 

[dx100uk]

oh god no.

its a long way to run before that ever needs consideration if at all.