Erudio Claim Form - old student loans

[snowtime]

I am in exactly the same position as you but 6 months on and have just recieved the CC claim form dated 03/06/19 I have submitted the acknowledgment of service and must prepare my defence.

 

I need help to file a defence please I'm sure there must be others in the same situation so would welcome  any advice. I have been served 03/06/2019 with a CCclaimform, for  4 old mortgage style Student loans from 1997, 1998, 1999,2000 £8.5k approx that were in deferment each year from when I graduated 2001 until the sale  of these loans to Erudio from SLC about £8.5 in total, 11/2013

 

My last deferment was in March 2013 & I didn't make any further contact formally with Erudio as I did not recognise the legal transfer of my loans and the extra intrusive information they required and the main reason was they would register the debt with credit agencies something SLC had never done & by requesting a deferment I was agreeing to this which i was not happy with, also I was traveling and it was difficult to prove my status as neither employed, self employed or unemployed in any official capacity.

 

I have never been over the income threshold since 2000 until present and my only employment has been on a casual basis, no salary slips tax returns etc. since 

 

[AndyOrch]

Own thread created please continue to post here...

 

Please read the following link and then copy and paste the Q,s and your response back here for advice on how to proceed with the claim.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

Regards

 

Andy

 

[dx100uk]

then the debt is statute barred

as are so many of the erudio/drydens claimform threads here already.

 

 

[snowtime]

I was hoping for Statute barred but I defered in March 2013 completed paper work but period is June2013 until June 2014 by then the debt had transfered to Eurdio, have to apply in advance so don't know if that applies, had no further contact personally since then accept looking into deferment again a year on but didn't proceed, 

 

[dx100uk]

who said SB ran from END of deferment?
 

[snowtime]

I've read that on national debtline site once you defer a SL it communicating with them, 6 years important period  without contact my last contact was 03/2013 but I had no payments to make until 06/2014, thanks for looking at my situation appreciate it! 

[dx100uk]

so its SB'd then!

 

get that link does please eh?

[snowtime]

https://www.nationaldebtline.org/EW/factsheets/PDFs/time-limits-for-recovering-debts.pdf

 

There are ‘old­style’ and ‘new­style’ student loans. 

 

Old­style student loans are for students who started their university course before September 1998. 

New­style student loans apply to students starting their course from September 1998 onwards.

 

The Limitation Act says that the limitation period for student loans is six years.

 

Old­style student loans usually became due for repayment in the April following the conclusion of your course, and any limitation period could not begin until after you missed a payment on your loan. 

 

However, if you asked for your loan to be deferred within the six year limitation period, 

this would have restarted the limitation period. 

If you think your loan may be statute barred, contact us for advice. from their site

 

graduated in 2001 defered until 2014 after making application in 03/2013 for period 06/13 until 06/14

so not sure if I can clain S-B 

[dx100uk]

grr go read the other topics

you last deferred march 2013...+ 6yrs is march 2019

statute barred..

 

link please!!

[snowtime]

its the info i have from national debt line, that has muddled the water for me and 6 year period is when the loan is due, when its defered its not due apparently, everytime you defer you are admiting tge debt so I'm confused

https://www.nationaldebtline.org/EW/factsheets/PDFs/time-limits-for-recovering-debts.pdf

 

 quote 

The Limitation Act says that the limitation period for student loans is six years.

 

Old­style student loans usually became due for repayment in the April following the conclusion of your course, and any limitation period could not begin until after you missed a payment on your loan. 

 

However, if you asked for your loan to be deferred within the six year limitation period, 

this would have restarted the limitation period. 

 

If you think your loan may be statute barred, contact us for advice.

 

I asked for this in march 2013 but its valid 06/2013 - 06/2014

[dx100uk]

its statute barred

can you not understand plain English...??

 

if you asked for it to be deferred..mar 2013!! + 6yrs is!!!

 

link in post 4 please

 

 

[snowtime]

I'm sorry you're asking me to read a link,

I was posting the info i have so far from the other site apologies,

 

devil is in the detail and i dont want them to easily upturn my defence by stating only 5 years has occurred since the debt became due again as they allowed me to pause it for 13 years  

 

the issue I have is they were not my lender when i applied for deferment in march 13

 

yes 6 years on is 03/19 which has passed but they received my loan in November /2013 during a period of deferment,

how do I stand as loan payment were suspended not due again until 06/2014.

 

Thanks for bearing with me and really appreciate the help,

I have been reading around this,

 

the 6 year act seems to be reinstated everytime time I apply Deferment, (according to National debtline)  but is it 6 years from when i do the paperwork (my last contact) 6 years from when deferment starts 06/2013 or is it when deferment ends 06/14 its pretty important! I will call them in the morning 

[dx100uk]

you don't need to call anyone

as I said its 6yrs from last deferment letter date.

 

now can you stop faffing around and complete this link 

copy the questions back here and answer each one at its end

then we can move you on to the next stage.

 

dx

 

 

 

we are well used to dealing with these people and know how things work

[snowtime]

thanks for being positive!

 

I've dug out my last paperwork regrading deferment

 

they wrote to me on 19//06/2013 stating my 4 loans all had a deferment start date of 25/06/2013 and a end date of 24/06/2014

 

they served the claim form on 03/06/2019

I have completed Acknowledgment of Service giving me 33 days to submit my defence takes me 05/07/2019

 

but 03/06/2019 is just within 6 years from 25/06

-hence my concern and qu's i need to get it right!

 

its possible they dont have the deferment form as that was from Student Loans and transfer went through after these dates in November 2013

[dx100uk]

See what they produce at disclosure time then if the claim ever gets that far

but you wrote in march that is your last contact date.the fact that they took 3 months to action it is not your problem

 

link please now??

 

 

[snowtime]

ok thanks

Name of the Claimant ? Erudio Student Loans Ltd 

 

Date of issue 03/06/2019 Submitted online today Acknowledgement of Service 

Date to file defence 05/07/2019

 

Particulars of Claim

 

1 Claimant claims £8970 from Defendant

2. this debit was pursuant to a regulated agreement(s) between Defend & Student Loans Company Ltd. Each agreement has an individual account number as follows  rytyt fgtfg fhfh fgfgh

3. Defendant. failed to make payments as per the terms resulting in the agreements being terminate. Notice of such is served by a Default or Termination Notice subject to the the terms of Agreement

4. Debt was assigned to the Claimant on 22/11/2013 with notice given to the Defendant. New master ref no. was also applied

5. The claimant has complied with the pre-action protocol for debt claims

 

Did you inform the claimant of your change of address? No not moved

 

Is the claim for ? old style Student Loan 

 

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

 

Do you recall how you entered into the agreement?.. by post

 

Is the debt showing on your credit reference files No I never gave them permission for this (hence unable to defer)

 

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. No account assigned to Erudio from Student Loans so debt purchaser issued the claim

 

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

 

Did you receive a Default Notice from the original creditor? No 

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Had Notice of sums in arrears 30/07/2014 onwards and usually in July first Notice of Default 01/06/2016 may of had earlier also

 

Why did you cease payments? I have never made any payments on account. 

 

What was the date of your last payment? Never made any Student Loans

 

Was there a dispute with the original creditor that remains unresolved? never 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? 

No never

 

 

 

 

 

 

[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]
 

[snowtime]

ok thankyou I've done AOS online its confirmed..never use a postal order but will go to the PO and sort do I just ask for a Order worth £1 and not right anything on the front? i'm writing the CCA request to the claimant they gave a C/O address in main box and in secondaty box labeled address 4 sending docs and payments is DRYDENS Ltd who are also the sols on the claim who have sent to me a letter stating above matter has been transfered to them 03/06, which address is best please

 

 

ive read the guidance notes but can't decide if Student loans are classed a 77, 78,79 which one please?

 

 

sorry another question are Erudio the original Claimant, I would say not but neither are they just a collection agency or are they? I know they only paid 18p in the £1 and the government have already taken the hit, they stand to make large profits, its completing the last bit of CCA 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment,

thanks

[dx100uk]

its a LOAN!!

 

original claimant??

whats that all about?

 

just follow post 18 eh?

its very simple and something like 1000+ people have managed it showtime without questions..

read it carefully....

[snowtime]

ok I've managed it thanks! final question do i send the CCA request to Erudio by registered post or their agents Dryden's Ltd who are the processing sols both are named top left claim form one as Claimant Erudio and Drydens named as address for sending docs -payments so i plan to send it there Sols..I'm just trying to be careful never had to do this before 

[dx100uk]

no!!

 

READ THE GUIDE 

[snowtime]

which one or another then??

 

 

[AndyOrch]

CCA request to claimant =  Erudio Student Loans Ltd 

 

CPR 31.14 to Solicitor = Dryden's Ltd

[snowtime]

thankyou 

[snowtime]

So the CCA & CPR 31.14 has been posted by recorded delivery,1st class post this afternoon, I'm registered on the

www.moneyclaim.gov.uk website and can submit my defence via there & I have 23 days(13/06/19 today) left from 33 that started on 03/06/19. I have kept copies of AOS,CCA,CPR forms submitted.

Edited June 13, 2019 by snowtime
wrong dates