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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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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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