Jump to content


  • Tweets

  • Posts

    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
    • Has the property been cleaned now? Is it the in the same state as before?
    • Please follow the link and read what we have to say about people who pay by bank transfer
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Erudio Claim Form - old student loans


Please note that this topic has not had any new posts for the last 624 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 

 
Link to post
Share on other sites

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

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

then the debt is statute barred

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

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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, 

 

Link to post
Share on other sites

who said SB ran from END of deferment?
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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! 

Link to post
Share on other sites

so its SB'd then!

 

get that link does please eh?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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 

Link to post
Share on other sites

grr go read the other topics

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

statute barred..

 

link please!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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 

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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??

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

 

 

 

 

 

 

Link to post
Share on other sites
  • dx100uk changed the title to Erudio Claim Form - old student loans

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]
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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 

Link to post
Share on other sites

no!!

 

READ THE GUIDE 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

CCA request to claimant =  Erudio Student Loans Ltd 

 

CPR 31.14 to Solicitor = Dryden's Ltd

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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 by snowtime
wrong dates
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...