ErudioDrydens Claim Form - old SLC Loan

[b-creative]

Hello, hope someone can help. 

 

On the 3rd June I got a County Court Business Centre claim Form from Erudio Student Loans Ltd.At the same time I got a letter from Draydensfairfax explaining they have passed the matter of my debt to County Claim Court. Outstanding amount is £XXXX.XX.

 

This is a result of the fact that Erudio did not send me a deferment form in January 2017.

I did not ask either - after 21 years of deferring I forgot all about it.

 

The next thing I got from them a year and a half later on 01. September 2018 was a big pack of letters entitled - Remedy of Account. In that pack they included an annual statement for 2106, 2017 and 2018 and they apologise for not sending me statutory notices informing me of the status of my account. "We have recently identified that due to a system error we haven't always complied with this requirement and as a result we need to re-issue the statutory notices that were missed. Please accept our apologies and we trust that you will find the below outcome satisfactory."

 

Unfortunately,, I didn't notice that on the back of the first page they said that I need to pay £XX.00 from October 2018 onwards. I just filed this pack away thinking everything is OK.

I am dyslexic so I miss things.The way the document was written was confusing to me.I honestly didn't see it.

 

I haven't heard from them since the CCJ claim form two weeks ago.It's quite possible that they have sent something through as I've had mail issues- mail delivered to another nearby address that is very similar to mine- a new building with several flats.

 

I have acknowledged the CCJ claim online but I don't know what to do next.Do I write to Erudio to find out if they sent the original deferral form?I'm afraid to ask them in case they lie and say they did send it.I did not receive it.

 

I've been deferiing this loan for 21 years successfully as I was always under the earning threshold.I am on JSA and have been for the last 3 years so I have had no reason not to defer.

 

Is there a way to ask them that seems more generic?I read that I should send them an CPR 31.14- but that goes to the lawyers - Draydens,however I need this info from Erudio.And I need it fast - my defence submission date is 8th July. 

Any advice would be welcomed! 

 

 

[dx100uk]

please complete this:

 

dx

 

 

[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]
 

[dx100uk]

as you have simply not deferred and have never earned over the threshold ..you should be ok.

what going for you is they failed to send the statutory notices some that sort of puts them on the back foot.

they've issued the claim simply because you failed to respond

and though they could get an ignored claimform too.

once you've defended I cant see them doing anything and will simply let the claim get stayed.

 

100's of like threads here to read

google search top left 

after hitting the top left CAG box logo

custom google search box

claimform erudio SLC

 

dx

 

 

[b-creative]

Thanks for the quick reply dx!

 

Name of the Claimant: Erudio Student Loan Ltd. 

 

Date of issue: 03.06.2019 

 

Particulars of Claim 

 

1. The Claimant Claims 2xxx.xx for monies due from the Defendant.

 

2. The debt was pursuant to a regulated agreement(s) between the Defendant and The Student 

Loans Company Limited. Each agreement had an individual account number as follows: 
xxxxxxxxxxxxxx 

 

3. The Defendant failed to make payments as per the terms resulting in the agreement(s) 
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 yyyyyyyyyyyyy 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? £2xxxx.xx 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No, but the letter could have got lost in the mail as I’ve had an issue with mail delivery. 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO. 

 

Did you inform the claimant of your change of address? N/A 

 
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Erudio Student Loan (old mortgage style). 

 

When did you enter into the original agreement before or after April 2007 ? 1996 

 

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

 

 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. The debt is issued by Erudio Student Loans Company (who purchased the debt from the Student Loans 

Company in 2013). The legal representatives acting on behalf Erudio are Draydens Limited). 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I got a Notice of Assignment on 31st March 2014 from SLC. 

 

Did you receive a Default Notice from the original creditor? No, but like I said before, I haven’t received letters recently possibly due to the post mix-up. 

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? I don’t think so, but please read below: 

 

I received Remedy of Accounts on 01. September 2018 - a big pack of letters that included an annual statement for 2106, 2017 and 2018 and the apology for not sending statutory notices informing me of the status of my account. 

 

"We have recently identified that due to a system error we haven't always complied with this requirement and as a result we need to re-issue the statutory notices that were missed. Please accept our apologies and we trust that you will find the below outcome satisfactory." 

 

In this same pack they sent me four notices for sum of arrears during that same period of time (that they have recorded on their system but haven’t posted to me). 

The first one is for £XX.XX on 1st March 2017 but since I was under deferment until 27th Feb 2017 I don’t see how £XX>XX arrears could have accrued in one day... 

 

So I guess that’s why they wrote an apology in their cover letter and just sent this as proof of the error that was made. 

 

Please note: These arrears are not included in the CC claim form total.

The total is just my loan total without the arrears.

The arrears accrued in error.

They just wrote to me to acknowledge that I guess. 

Wish I realised though that in this large pack of letters there was also one sentence that said that my monthly contractual payments are due to start at the end of September 2018. 

 

As I was on JSA and I was waiting for them to send me the deferral form, which they didn’t send.

I assumed due to an error they made everything was fine and they will contact me next year with a deferral form. Instead 8 months later I got a CC claim form. 

 

Why did you cease payments? I did not cease payments. I did not defer as they didn’t send me the deferral form and I forgot all about it so didn't request it. It's their duty to send it as per regulations. I’ve been deferring successfully for 21 years as I was under the threshold. At the time I should have deferred I was on JSA (I still am) so deferral wouldn’t have been a problem. It would have been in my favour to defer. 

 

What was the date of your last payment? I did not pay anything. I deferred regularly. My last Deferment End Date was: 27/02/2017. 

 

Was there a dispute with the original creditor that remains unresolved? No. They didn’t send me a deferral form. Instead they sent me Remedy of Accounts and an apology on 1st Sept 2018 as I stated above. After that I assumed they would send a deferral form that they failed to send in Feb 2017. They didn’t. Instead I got a CC claim letter on 3rd June 2019. 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no,. 

 

Spent all night reading threads. Very useful! 

 

Regarding CPR 31.4. to Draydens.

A. Is a student loan a fixed loan -  section 77? 

B. Should I ask for dates of deferral forms sent to me from Erudio (in addition to below)?

1. The agreement(s);

2. The terms & conditions of the agreement(s);

3. The default notice;

4. The termination notice;

5. The notice of assignment;

6. The letter or letters sent pursuant to the protocol on debt claims.

 

Thank you!

 

[dx100uk]

a.you don't request agreement in the CPR that's for the CCA to the claimant...yes send a CCA request for each SLC agreement number they quote

b.no

cpr=3-5

 

read post 3 carefully!!

 

[b-creative]

Thanks dx. 

 

This is what I've done so far: I acknowledged the claim at MCOL and ticked defend all. Now I have 2 more weeks to submit a defence.

 

I read the post 3 carefully including the links but I'm still confused. 

 

Do I now need to send two separate CCA's? One to Erudio and one to SLC? 

 

Number 2. in the particulars is my original SLC number.

Number 4. in the particulars is  Erudio reference number.

 

So, do I send one CCA to Erudio and one to SLC? 

[dx100uk]

nothing to do with slc, they've sold the debt on to the fleecers.

if there is only one old slc account number in the poc

then the claimant gets one cca request using that number..

 

typically [though the poc erudio have used is a generic one for all court claims] people did not study just for one year, they had a few loans from slc, one for each year of study. if the poc lists more than one, a CCA is required for each one to the claimant.

 

now theres a twist, if they have only used ONE slc agreement number, but you know you had more loans, and they have stated the one agreement listed and the full outstanding sum of all your loans, then their claim will fail, as the CCA return will only be for one loan not all of them..if you follow.

 

common mistake by them. as they don't expect people to defend and just wet themselves and cough up in panic without reading the small print carefully.

 

dx

 

[b-creative]

Thanks dx.

 

I only took out one loan. For one year only. So, in my case what you wrote in post 8 sadly doesn't apply.

 

So, now I understand, I need to send the CCA to Erudio.

 

I still don't understand which reference number from the particulars I need to quote to Erudio - number 2. or number 4 from the particulars (or both)? 

 

Number 2. in the particulars is my original SLC number.

Number 4. in the particulars is  Erudio's new master reference number they assigned when they took over in 2013.

 

[dx100uk]

erudios number is immaterial, they are not claiming you owe anything under that, its for ref only.

[b-creative]

Thanks dx.

 

Just finishing the CCA letter so I can pop it in the post today. 

 

Do I need to include the CUPTR sentence of the template letter? Is it ss.5 (2) or 3 (b), 6 or 7 that I need to quote, please?

[dx100uk]

Just send it as is

[b-creative]

Thanks dx.

I wrote that if they fail s.77 (4) a will apply. 

 

Is that right? 

[AndyOrch]

Yes it would apply

 

Andy

[b-creative]

Good morning. 

 

I'm writing the CPR 31.4 letter to the lawyers.

 

Could someone have a look please if I'm asking for the correct information from the particulars of claim . This is what I'm going to put in the letter (CPR 31.14 request for...): 

 

1. The breakdown of statements that show why the Claimant Claims £££££ for monies due from the Defendant.

2. The documents that show that the Defendant failed to make payments as per the terms resulting in the agreement(s) being terminated.

3. Notice of a default or Termination Notice subject to the terms of the agreement(s). 

4. The documents showing that the debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant. 

5. The documents showing that the Claimant has complied with the Pre-Action Protocol for Debt Claims. 

 

 

Below are the particulars of claim from the County Claim Letter:

 

Particulars of Claim 

 

1. The Claimant Claims £££££ for monies due from the Defendant.

 

2. The debt was pursuant to a regulated agreement(s) between the Defendant and The Student 

Loans Company Limited. Each agreement had an individual account number as follows: 
xxxxxxxxxxxxxx 

 

3. The Defendant failed to make payments as per the terms resulting in the agreement(s) 
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 yyyyyyyyyyyyy was also applied upon 
assignment. 

 

5. The Claimant has complied with the Pre-Action Protocol for Debt Claims. 

 

 

[dx100uk]

you already asked this in post 5

items 3 to 5 in the list

 

 

[b-creative]

Thanks dx. I did. I followed your suggestion and that's what I put in.

 

I was just wondering if the wording is correct, especially for point number 1. 

 

Because after getting some clarity after posting here and getting replies I realised that they started this claim as I did not respond to their communication it appears since Oct 2018,  which was after they made an error and 'apologised' to me for it.  Similar to what they did in the 2016 to 7000 people when there was a public outcry and they were forced to issue a public apology.  The error they made on mine is also in 2016 - a faulty arrears logged while I was in deferment. After that they didn't write to me for more than two years. Then they issued an apology for their system error, and provided the missed annual statements and a breakdown of erroneous arrears. So, I'm saying I'm not liable for the money they are claiming  now, as they breached terms and conditions.

 

So, that's why I'd like to see the statements showing that arrears error they made as well. But, that's not in the particulars of claim specifically. 

 

So, I'm trying to word the CPR to expand on their point number 1. of the particulars referring to the sum I owe, in order to get: 

 

A complete set of statements detailing exactly how the debt has accrued detailing:

 

All Transactions.

 

Any additional charges,  by the original creditor or them.

 

I'm just wondering if I can ask for this?

[dx100uk]

get the initial stuff done

the nitty-gritty MUST come out in the wash at the disclosure stage [witness statement] if the claim ever gets that far, which I doubt.

 

you must remember all these erudio/Dryden court claims are purely speculative, solely issued expecting a non defended rubberstamped default judgement whereby no human see or checks anything because recent comms requests have been ignored for whatever reason along with missing/not applied for recent deferral.

 

there are no cases that I have seen to date whereby the fleecers have specifically taken someone to court for a specific reason whereby comms had not already been established. 

 

once a defence has been filed in your case I would expect them to let it get stayed.

 

they are going for easy win default CCJ's at present on people that have ignored the PAP/not deferred - now having left things a few years to bump up the court interest they can claim. they are issuing claims in the 10'000 so as to avoid statute barring and age/time limits kicking in and them losing their investment.

 

I cant check what other topics [threads ] here you have/have not read

but I seriously suggest you read every erudio claimform thread here in the very forum your topic is in

 

and go find the student/slc forum and read there too.

you'll soon get the idea.

 

the more you read 

the stronger we become

 

IMHO also i'd suggest you stick to CAG for research.

you need to remember that what you read elsewhere might be published/written by the enemy to scare people into the wrong moves

 

[b-creative]

Thanks dx. I've read a lot of threads already. Find it so helpful! And, yes, you're right, the advice I got elsewhere doesn't compare.

 

I'd rather this goes to court as I'd like to know where I stand.If it's stayed they can lift the stay at any time - that's like keeping a loaded ... pointed at you.

And what they're doing with the CCJ claims is not just to catch people unaware, but also to keep you trapped in debt which can't become sb, even if they don't go to court.

 

Also, in my case, to trap you into debt which can't be wiped when it was supposed to.They figured out a way to keep you in debt prison.Very clever.

It's like those salesmen who come to your door and put one foot on the doorstep so you can't close it while they try to sell you their useless product...

[dx100uk]

it doesn't trap you in debt if it gets stayed.

you are in a far better place than many with stayed claims [should that happen to yours]

 

you are fast approaching the write off time limits and would IMHO have a very good case should they be stupid enough to progress things at a later date after the stay to complain its unfair to use the court system to simply hold off such gov't guarantees. 

 

this also applies to the many here that have had unfair defaults registered..which in all potential causes the SB date to be infinity.

[b-creative]

Thanks dx. I like the sound of that. :) 

 

Just one more quick question regarding The PO for £1 for the CCA to Claimant please.

 

I need to leave the front blank and then just write my name and address on the back? Don't need to sign it?

 

I've never filled one in before.

[dx100uk]

already answered in the cca request link and all its posts there

 

 

[b-creative]

Thanks dx. I read that thread already and read it again now but I'm still unclear whether the PAY box is left blank? And I don't write my name on it? 

 

Yesterday I made a mistake and bought a PO and had the Claimant's name printed on it. Then I realised that might be a mistake and didn't send the letter.... So, need to go again today... and buy another PO...

[dx100uk]

in this instance if the claimants name is on the PO that's ok as it hard and fast who you should direct the CCA too.

in other instances sometimes its not so clear.

 

nowhere do we say put your name on the back so why do you think you need to.??

 

most of our instructions here are years tested so are without the need to go over things with a fine toothed comb again.

just follow them. 

 

 

[b-creative]

OK. Thanks dx! Will take it to Post Office now. It will go out first thing tomorrow.