Erudio claimform - old SLC Loans

[dx100uk]

if it was within a few year max 2 then ok

but as it wasn't hey Lowell..prove it cough up!!

 

cant see the claim going anywhere anyway

 

[lwoodbine]

I'm about to head home so will submit the defence when I get in. Then the ball's in their court...

[AndyOrch]

Well just hang on...why not scan redact and upload what you do have....which you should have already uploaded for opinion...before making statement of what you did receive and yet never questioned it validity.

 

Then you can submit a defence with honesty and truthful content.

 

andy

[dx100uk]

that's an idea

scan everything to ONE multipage PDF

read upload

[lwoodbine]

ok, if you're happy to look through it before tomorrow's deadline. I'll upload it tonight.

[dx100uk]

[lwoodbine]

here we go. Apologies for the quality, had to use a scanning app on my iPhone but they're in date order and legible. I've attached two remedies of account if that helps. I haven't scanned the notice of sums in arrears or annual statements.

 

[AndyOrch]

Okay firstly the Notice of Assignment...original agreement numbers or the new assigned number ?

 

With regards to the default....all seems correct legal form and content but is stopping attending a course a breach of the agreements and did you stop making payments...was you making any payments ?

 

Andy

[dx100uk]

4, 9,10 have ref no's showing.

 

[lwoodbine]

Thanks DX, could you delete that one? This one should have them all redacted.

 

Andy, the notice of assignment had the original SLC mortgage loan numbers and an SLC account number, but not Erudio's new account number. I wasn't making payments, however on a deferral form I sent to Erudio in 2015 I had filled in a direct debit so had assumed they would take payments if I wasn't in deferral.

 

erudio-edit.pdf

 

The only other thing to add is that there are two years of loans because I changed courses - these are the two from the course I switched to. However when I did that the SLC messed up and separated my loans - now the two loans from my original course are with Honours and the two loans from the course I switched to are with Erudio. Don't know if that has any legal impact.

 

Regarding the defence, unfortunately I need to go to work in a minute and was going to submit it before I left. Should I stick with the original defence in post 15?

[AndyOrch]

Point 2 of the defence in post #15 changed to......

 

2. Paragraph 3 and 4 are noted.The Defendant is aware of the service of a Default Notice pursuant to section 87 of the  Consumer Credit Act 1974 however the breach alleged is not a valid reason for issue given the agreements were deferred previously.Furthermore should that default notice be judged to be valid the original creditor nor its assignee failed to serve Notice of Sums in Arrears pursuant to section 86b  (2b) of the CCA1974 and is therefore prohibited to  enforce any agreements.

 

[lwoodbine]

Thanks for all your help. I'd already submitted the original defence by the time this got through but emailed through an updated one. Either way I hope this can be solved through mediation before (if ever it gets to trial).

[dx100uk]

you don't want to ever consider resolving at mediation.

 

it wont go anywhere but left to get stayed I bet.

 

 

[lwoodbine]

Yup, early days yet. Let's see how they respond.