Erudio/Drydens PAPLOC Now Claimform - slc loans 95 / 96

[consumeractionmonkey23]

I have received notification from Erudio of their account transfer to a new agency, namely their solicitor Drydens Fairfax (dated 19/SEP/2018).

Following this I waited to hear from Drydens and nothing came.

They have now sent a duplicate of their notification with all the same account details (this one dated 31/MAY/2019).

 

This was time it was subsequently followed by a letter from Drydens Fairfax Solicitors (dated 03/JUN/2019), they suggest this is a "Letter of Claim" claiming an Outstanding amount of nearly £4k. They include what appears to be an unbranded statement of account for 17/SEP/2018 which lists 4 credits to the account which they describe as interest, yet in the headers it shows Total Credits (~£300) and Total Interest as (~£200).

 

I completed deferments from loan inception in 1995 until the loan was sold from SLC to Erudio. I didn't complete the new deferment forms as they conferred extra rights.

 

I had sent deferment for 2013 - 2014 to SLC and I was adviced after this that my file and all correspondence including the deferment would have been sent following this deferment to Erudio. Thus I didn't complete the deferment that Erudio sent.

 

I am unsure if I completed 2014 - 2015 before the transfer and this would appear significant in terms of Statute Barring.

I had made a complaint against SLC however I believe this was after the file had been transferred and thus I don't believe Erudio have this.

 

Looking  back through my records Erudio sent a default notice on the 2/FEB/2016.

I have never sent anything to Erudio. SLC did not have my bank details and I'd made voluntary payments back in 2009 but nothing since.

 

Looking at the historic repayment thresholds I have always been under the income limits.

 

I don't know if it's relevant but following Erudio's takeover I received nothing but the original notification of take over and a deferment form.

As I explained above I had just deferred with SLC and thus this was ignored.

 

I received a Remedy of Account notice indicating that they are required to send notices to their customers to inform them of the status of their account.

They list the take over date as 01/MAR/2014 and suggest that they hadn't sent the statutory notices that they were supposed to and they had now been enclosed with the letter.

 

They suggest they haven't charged interest whilst the CCA communications have been outstanding on the account and that interest will continue with effect of 01/DEC/2015. The letter also suggests an arrears amount of ~£1500.

 

Interestingly the Drydens letter states that they took over the account in NOV/2013 and that my loan relates to `1996.

 

How should I proceed which templates do I send and to whom?

I haven't replied to their Letter of Claim or completed the enclosed form.

I assume doing so is ill advised.

 

They suggest I have 30 days to respond to the letter (03/JUN/2019).

I have been hesitant to put exact figures in case they haunt the forums which given everything I've heard wouldn't surprise me.

 

P.S. Thank you for being here and for doing the sterling work that you do!

You are very very much appreciated.

[dx100uk]

get your finger out.

you must reply to the letter of claim

as stated in every PAP letter thread here regarding drydens/erudio and old SLC stuff.

 

go ring slc and ask the date of your last deferment.

 

if they refuse, quote them the two acts

prevention of fraud

and 

data protection act.

that they MUST hold data for 6yrs under both

and if they wont give the data you will be immediately phoning the ICO and raising a serious complaint against them.

now if they don't hold the data, as its over 6yrs old

i'd say its safe to say the debt is statute barred

reply to drydens PAP as per the other threads here

send our SB letter

DO NOT USE THEIR REPLY PACK.

 

use our in our PAP thread.

[consumeractionmonkey23]

Thanks for your prompt reply DX100UK.

 

I have a complaint letter received following a phone call with SLC it is dated after all documents were sent to Erudio.

It states that my last deferment was accepted on the 08/JUL/2013 and was due to expire on 01/APR/2014.

 

Deferment documents had already been sent before the transfer and I was concerned that I had completed these and sent them to SLC. I was worried that although received by SLC and not accepted by them that that deferment had been forwarded to Erudio.

 

I rang SLC as you suggested.

They were helpful and confirmed that the last deferment accepted was 2013 - 2014 and that they never received and thus didn't forward the 2014 - 2015 deferment to Erudio.

 

So if they are to be believed and I didn't do something stupid and forward the SLC form to Erudio directly then the last official contact is 08/JUL/2013 thus it will become statue barred on 08/JUL/2019?

[dx100uk]

no the debt is SB'd , just because SLC took a few month to actually register your last deferral is not your problem.

 

 

 

 

use our reply pack in either post at the end here

 

 

 

 

 

[consumeractionmonkey23]

Thank you DX100UK.

 

I sent the forum's reply pack and a formal request for a copy of the signed credit agreement and enclosed the postal order on the 27/JUN/2019. I sent the formal request direct to Erudio and a copy of the formal request to Drydens along with the reply pack. In it I stated that the debt was statue barred.

 

I received no reply as yet.

 

However on the 09/JUL/2019 I received another letter of claim which appears to be an exact copy of the initial one (which again states I have 30 days to respond). How should I deal with this in your opinion?

 

Do I reply again as before including a second postal order or ignore it or something else?

[dx100uk]

just send them our SB letter in the debt collection section of our library

 

dx

 

[BankFodder]

open

[consumeractionmonkey23]

Hi, I need further help please.

Following on from my previous descriptions above, the following has occurred:

 

17 Dec 2019 Letter received from Drydens Fairfax along with copy of credit agreement, statements of account, notice of default etc.

 

The letter also stated "Please note that we are still awaiting further documentation in relation to this account therefore the account will remain on hold and we will contact you as soon as a response is received from our client." (No other information has followed to date, nor an acknowledgement that the account was said to be on hold.)

The letter stated an apology for the delay in providing the information.

 

Is this significant if they did not return this information within the statutory time limit after my request nearly 6 months before?

 

To note: in the statements of account, it shows payments made to Student Loans Company up until 21st February 2014.

My own records show payments up until 16th August 2011, however I do not seem to have the records for 2013-14 payments.

 

I know my last contact with Student Loans Company was in 2013 to defer the loan until April 2014.

I have never contacted Erudio and admitted the debt, nor made any payments direct to them.

 

Jan 2020 Statute barred letter sent.

This was not sent recorded delivery and I have never had any acknowledgement of its receipt which makes me worry it was not received.

 

15 Oct 2020 Letter from Drydens Fairfax stating that they were recommencing action following suspension during period of lockdown. I did not send a response to this letter (which I realise now was probably an error).

 

11 Dec 2020 Letter from Drydens Fairfax stating that a County Court Claim has been issued.

 

14 Dec 2020 County Court Claim Form issued.

It states the debt was assigned to the Claimant (Erudio) on 22/11/2013, however as far as I was aware, the transfer of debt between Student Loans Company and Erudio took place on 1/3/2014. Not sure if this is significant?

 

I have sent an acknowledgement of service form to the County Court requesting an extension to 28 days. This was sent signed for and was received within the 14 days required.

 

I assume I now need to send a defence to the court and would appreciate advice on what it should contain.

 

Thanks in advance.

 

[dx100uk]

the debt is statute barred 

simply go file this using MCOL:

 

 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.
..

[AndyOrch]

 

Please  complete the above in view of the court claim...copy and paste the Q,s and your responses back here for further advice.

 

Andy

[consumeractionmonkey23]

Thanks for such a quick response. Can I just confirm what date I should be using here:

1 The Claimant's claim was issued on (insert date)? Is this the date of their first letter of claim? (June 2019?) or a different date?

[AndyOrch]

Cant really advise until you complete the link I provided...then we have all the information on the court claim in one post.

[consumeractionmonkey23]

Name of the Claimant ? Erudio Student Loans Limited

 

Date of issue –. 14 Dec 2020

 

Date to acknowledge) = 2/1/21

Date to submit defence = 15/1/21 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1 The Claimant claims £4000 for monies due from the Defendant

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

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 00000000 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? £4000
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No, but they do have current address

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 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...On line /In branch/By post ? By post
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

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. Debt purchaser
 

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

Did you receive a Default Notice from the original creditor? Not from student loans company, but from Erudio
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, not from Erudio
 

Why did you cease payments? Not recognising the sale of the student loan to Erudio, as Erudio tried to assign themselves additional rights unlawfully
 

What was the date of your last payment? I made voluntary manual payments. There was not a direct debit set up. My records from Student Loans Company show last payment as August 2011. Erudio records show February 2014. Unsure if this discrepancy is significant.
 

Was there a dispute with the original creditor that remains unresolved? No
 

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

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 (If Applicable)  ALREADY SENT AND INFO RECEIVED

[dx100uk]

seems clear to me, regardless to what they are stating regarding payment dates and default/assignment.

the Gov't sold these debts in 2013, not sure where you are getting the assignment date of 2014 from, as their POC states 11/2013.

though both of these are immaterial ..... the debt is statute barred.

[consumeractionmonkey23]

As advised, I filed on MCOL that the debt is statute barred.

I have had an acknowledgement from the court and now further correspondence from drydens fairfax stating:

The Notice of Default was sent to you on xx September 2017 and our client has 6 years from this date (the last action accrued) to recover the outstanding balance. The limitation defence which you have filed is therefore, without merit.

They go on to request I settle the matter without need for further legal action and request payment by the end of the month (or a repayment arrangement).

They say in the event of not hearing back from me they will apply to the court to lift the stay on the proceedings, noting that it is likely that any such application will include an 'Application for Summary Judgment, given the evidence which has now been provided to you in support of our client's claim'.

They go on to say this is likely to mean further costs will be incurred. (They include a statement of account showing payments upto February 2014 and a Notice of Default, dated 2017).

Please advise what my next steps should be.

Many thanks.

[dx100uk]

read it properly, doesn't say will anywhere.

i don't think we've ever see any of these threats go anywhere.

 

 

[honeybee13]

Thread reopened.

HB

[consumeractionmonkey23]

Thanks. Update: Court action now being taken.

Notice of Hearing of application for the stay to be lifted, defence to be struck out and/or summary judgement on whole claim, pursuant to CPR3.4 (2) (a) and CPR24.2 (a) (i) and (b) and cost order against me. 

Their case is based on their assertion the last cause of action was their default notice Sept 2017 and court action (with issue of County Court Claim) commenced December 2020 therefore they say not statute barred. My argument was that last cause of action was my last deferral with SLC in 2013 and therefore statute barred.

Payments were continued on account with SLC until March 2014, but these were made by my mother, from her bank account, of her own volition, so not payments from me direct. Even taking these into account it was still 6 years between dates.

I have also found in my records that Erudio actually sent an earlier default notice in Feb 2016. Doesn't help my case for it being statute barred, but does perhaps show Erudio in a negative light in terms of poor administration.

I am putting together a witness statement to share documents with the court and claimant by Monday. 

Not much time, so any advice and help greatly appreciated.

[honeybee13]

Hi.

Could you post up a pdf of what you've received please? Cover up your personal details, claim number and so on.

HB

[consumeractionmonkey23]

There follows a long witness statement including various documents pertaining to the loan.

N244.pdf Notice of Hearing.pdf

[dx100uk]

we need ALL the N244 inc ALL exhibits and a better copy of the hearing notification.

please do NOT munge times/dates figures etc leave EVERYTHING else 

you only need to remove your name/address details, the claim number and any account/ref numbers they use.

there are now over 25 erudio N244 threads here to read. most inc the one 2 days ago are wins for us.

[Nurselayer]

You need to post the Default Notices and everything else.  Have you made a CCA1974 s.77 request to them yet? If so, have they replied to it?

[dx100uk]

and?

[dx100uk]

well?

dx