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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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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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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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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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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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