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    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
    • I have severe anxiety and going to leave my job and have been invited to a meeting but dont wish to attend that is three hours away from where I am. Can I legally give the  permission to decide without my being there? I cannot handle going as I know I'm going to be fired anyway as on my final warning. I'm also giving in my notice this week too! This job is just too much for me now and I cannot work here any longer. It's no good for my health and sanity  I am sick to my stomach thinking about going and about to hand my notice in anyway    
    • Thankyou it’s because I’m awaiting the outcome and a friend said I will be turned down as I asked them a while back if I had ppi on the account and how much it was and they replied.  But they did only send me a short confirmation with the amount and that they trust that answers my enquiry. i just wanted to be prepared if they wouldn’t turn me down based on that. Thanks for your advice on that mate 
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cw1212

Erudio/Drydens claimform - Old Style Student loans 'letter'

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I am really stressing. 

 

I had 4 loans (94.95,96,97) I was deferring fine until about 2014 when Erudio took over then It all messed up with deferring

 

then started ignoring everything they sent  (I know this was stupid)

 

Now I have received a letter in the post from Drydens claiming nearly 10k

(so interest has nearly doubled what I owe)

 

 I still don't earn anywhere near the threshold. 

It isn't 6 years since I last acknowledged so I can't statute bar. 

 

I'm sorry if this isn't very clear.  

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So when did you actually last defer ?

 

if you don't know, then send SLC a subject access request for all of the information they hold on you.

 

There are many other threads in this legal section of CAG involving Drydens/Erudio. Have a read of them.

 

There does appear to have been a problem in 2014 with the deferral process. Did you contact SLC or Erudio or both in 2014 ?


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is this a pre action protocol letter of claim?

 

with a reply pack?

have you moved since 2014?

 

 


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No it's a claim from Northampton County court. 

 

I left my address for student loans as my mums that's where this claim form went

however I am also getting stuff from Erudio to my home address. 

Regarding the same loans.

I don't think I have a leg to stand on as I ignored all their correspondence though?

 

Last deferred that I definitely know was successful was 2013. 

 

No I have never contacted them

a combination of fear and confusion. 

 

I'll take a look through other threads see if I can find anything about anyone in same boat as me

- I'm feeling rather alone at the moment.

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please complete this:

 

 

 

 


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Name of the Claimant ? Erudio student loans limited 

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 3 June 

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. the claimant claims £9725 for monies due from the defendant. 2. the debt was pursuant to a regulated agreement(s) between the defendant and the student loans compnay limited Each agreement had individual account number as follows (they are then listed) 3. the defendant failed to make payments as per the terms resulting in the agreements 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 (number quoted) was also applied upon assignment. 5 the claimant has complied with the pre-action protocol for debt claims

 

What is the total value of the claim? £9725

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?i don't know.  i got a letter dated 3 June from drydens saying a county court claim has been issued. 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes and no I have moved but stil get post from address claim went to 

 

Did you inform the claimant of your change of address? no


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? n/a

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? I don't know

 

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. I don't know 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't know 

 

Did you receive a Default Notice from the original creditor? Not sure 

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't know 

 

Why did you cease payments?  Student loan I was deferring until 2013 tried to do it in 2014 and don't think was successful

 

What was the date of your last payment? n/a 

 

Was there a dispute with the original creditor that remains unresolved? n/a

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I have not spoken to anybody

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement

 

I have tried to answer as best I can.  Does this CCA thing still apply with student loans?

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what date did you last defer please


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I found this post from May 2014 that I put on another forum I'm in a total panic regarding this now, I sent my app for deferment back weeks ago- got a reply this week saying i hadn't signed the form but they haven't enclosed what I sent just sent a new form.

 

I would have sent the stuff referenced above early/ mid April 2014

 

Of course, I don't remember if I sorted that out.  I know the last time I successfully deferred would have been early 2013 

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Forget that.....

if you last deferred pre june 2013 that debt is statute barred


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Oh I thought because I tried to defer in 2014, that was the date for statute barring so assumed 2020

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"I have tried to answer as best I can.  Does this  CCA thing still apply with student loans?"

 

yes it does, for these older pre 1998 loans. So get a CCA request sent off to Erudio.

 
And send a CPR 31.14 letter to Drydens
 
Drydens are issuing loads of these claims at the moment, so you have a chance to defend, if you follow the process required.

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Thank you.  So on the claim form do I just complete the acknowledgement of service bit?  

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you dont use the paper claimform.......

 

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]
 

as the debt is statute barred

 

there is no harm filing our sb defence as well.

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation 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 Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..
 


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I have done the MCOL bit and will get on to the rest right away. 

There is a slight spanner in the works. 

 

I have definitely made no contact with Erudio since I tried to defer in 2014

but I just found some stuff I have (statements, payment demands) and that came to my current address (which I only moved to in Dec 2015) so how did they get this,

 

I am 99.999% sure dates I have quoted above are correct and plus I never changed my address with student loans because I move so much so think be unlikely I would have informed Erudio. 

Should I do a SAR and if so who to?

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immaterial.

its statute barred

file that defence.

 

they would have attained your correct address from you credit file


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Sorry a couple of questions.

1.  I was in such a panic to do the AOS I missed the post about filing an SB defence I can obviously still do that I know but can you only file 1 defence or can you add to it up to the deadline?

2 What am I looking for in the papers I have requested from Erudio & Drydens?

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No need 

sb defence is absolute.

 

 


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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13 hours ago, cw1212 said:

Sorry a couple of questions.

1.  I was in such a panic to do the AOS I missed the post about filing an SB defence I can obviously still do that I know but can you only file 1 defence or can you add to it up to the deadline?

2 What am I looking for in the papers I have requested from Erudio & Drydens?

 

Only one submission allowed you cant add to a defence


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Sorry to come back with stupid questions, I found this post about filing a SB defence.  Is this suitable for me to use ?

 

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation 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 Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

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Yes thats the only Statute barred defence we use.

 

Andy

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Thank you, almost done but now am on the Service details page and there is no edit button I want to use my mums address.  I don't even remember putting my address in.  

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A defendant cant change address details for service......only the claimant/court.


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Ok thanks so this is weird they sent the claim to my mum but the address when do defence is my current address.  All done now although I am scared I have totally messed up.  I just Copied and pasted the SB defence did not put anything else.  

I guess now I just wait.  Thank you for all the help.

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that's perfect

 


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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33 minutes ago, cw1212 said:

Ok thanks so this is weird they sent the claim to my mum but the address when do defence is my current address.  All done now although I am scared I have totally messed up.  I just Copied and pasted the SB defence did not put anything else.  

I guess now I just wait.  Thank you for all the help.

 

You did enter the amount and dates  ?


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