Erudio/Shoosmiths Ordinary Cause - old student loan

[Hhog909]

OK, thanks dx

[Hhog909]

Got my defences in to the court this morning and intimated to Shoos. Court clerk had a look at my docs and thought they looked OK.

 

One thing that came up was the fact that I'd attached my CCA letter to the defences, the clerk said that supporting documents like that are usually submitted as depositions separate to the defences, but they said the letter could remain as an attachment to the defences if I wanted (I agreed).

 

Next step is the scheduling of an options hearing.

Feeling happy that I've defended the case, thanks to dx and others on this forum for your support.

[dx100uk]

 

 

[Hhog909]

Hi

 

I've been meaning to post an update and will try to upload some relevant docs when I have time.

 

In the end I agreed a settlement with Erudio that was arranged via the case handler at Shoosmiths.

The settlement was for less than the amount Erudio claimed I owed (but not *much* less).

 

My case has been sisted (sp?) until the agreed repayment has been made (I'm paying in installments).

Part of me wishes I'd carried on and gone to court, but I just didn't feel I could take the risk of losing. 

 

I'm glad I defended the case;

 

the way I'm looking at is that I've got away with not having to pay back all the loans (it was likely that I would have had to start paying them back soon in any case) and I've avoided the damage to my credit record that conceding the case would have caused.

 

Some things that happened after my last post:

 

* Erudio (eventually) responded to my CCA request with copies of the original credit agreements (they used the £1 I sent them with the request to go towards the loans! They told me that they don't charge for CCA requests so I hadn't needed to send the £1).

 

* Erudio responded to the complaint I lodged with them.

The response completely ignored the reason I'd given for having missed deferment, which I thought was pretty shocking.

They pointed to part of the original loan t&cs which they said gave them the right to cancel the original agreement and demand immediate repayment. I'll try to post up their response when I can.

 

* An options hearing was scheduled for a date last week.

By that point the settlement had been agreed so Shoosmiths sent someone along to the hearing to get the case sisted

 

* I tried to negotiate a lower settlement figure with Erudio (through Shoosmiths), but they refused to budge at all after giving me an initial figure

 

* I had to provide income and expenditure details to Erudio before they'd agree to settle

 

* Shoosmiths lodged an adjusted writ with the court that contained responses to my defences.

I'll post the adjusted writ when I have a chance

 

If you have any more questions I'll do my best to answer them, and will look out for your new topic if you open one as dx suggested. Good luck!!!

[dx100uk]

sorry but you got mugged and fell for all that std tricks erudio play under the sun.

if you'd have updated us 

you  could have avoided admitting and paying anything.

 

 

[Hhog909]

 

I'm sure you're right... I just found the whole situation so stressful when I was offered a seemingly simple way to resolve it

I took the chance.

 

I hope Baldyspec does better than I did,

like I said before I'll post up some more material in the near future which may be helpful.

[dx100uk]

its only stressful if you don't tell us and think what they are telling you is the truth

it isn't..its purely intimidation

I bet none of that was sent to the court either..

 

you didn't update us in nearly 3mths

probable never read any other erudio court threads here

hence you let the worms of doubt set in without an alternate viewpoint

 

erudio issued 1000's of claim in Scotland and in E&W every week

lots are here already

not ONE has resulted in a loss.

 

you don't have to admit liability to anything .. they are all speculative claims

 

the courts don't go along with it...

750'000 spectulative claimform are issued every years..

no human see anything till its infrontm of the judge/sheriff ON THE DAY.

 

the fee was only because the claim was above £5k

it has no bearing upon the outcome

and you would of gotten that back 9/10 anyway

 

 

 

 

[Hhog909]

Thanks for your reply dx.

I did read a lot of Erudio-related threads, but I guess I should have read more of them...

and yes I should have kept you updated.

 

I don't really think that the courts are somehow in collusion with Erudio etc to fleece people like me out of fees and I'm sorry I said what I said in post 38.

 

I think what I was trying to say is that it seems wrong to me that someone like Erudio is able to issue *speculative* claims, as you called them, and as a result are able to benefit from the perceived authority of the court in their attempts to intimidate their targets.

It just seems to me that it's too easy for them to do that.

Hope that makes sense.

 

Thanks again for all your help,

I know I didn't achieve the best possible outcome,

but thanks to you and this forum I avoided what I saw as the worst possible outcome, and I'm grateful for that.

[dx100uk]

the fee that you had to pay is nothing to do with nor do erudio get any of it..

 

its simply the Scottish court system deems claims above I think £5k - an ordinary cause, and unlike the Eqiv in E&W fast track [+£10k claims], for some reason is not free for defendants.

 

now I was hoping by you reading the threads in the other forum you'd pick-up how these claims work regardless to if they are north or south of the boarder.

and that would help you understand speculative claims..but it didnt appear to have sunk in....

 

one of the most important points is...not converse with the ememy..but for some reason you did? that's the sheriffs job not yours!

and I really do hope that wasn't by phone again was it?

 

the claim is only sisted, it can be opened again so all is not lost.

 

get those docs up to one multipage pdf only please read upload.

 

and anything else like conversations you've had give us an idea of the damage you've done to date ..if any.

 

[Hhog909]

Having some difficulties scanning the paperwork referred to above - I will hopefully have access to a scanner tomorrow. In the meantime, here is an edited copy of the email conversation I had with the Shoosmiths rep, and a copy of the amended writ.

emailspdf.pdf

[dx100uk]

you got had blind

 

why does everyone think a court case gives these muppets magical powers.

NEVER CONVERSE BY EMAIL NOR PHONE EVER

 

oldest trick in the book

 

[dx100uk]

own thread created for baldyspec.

posts moved no wonder I was getting confused!!

 

hog..

id not pay them.

the claim is sisted, stayed, so its not that you'd suffer anything other than it going back to court if you didn't.

 

have you started paying them?

i'd be inclined to ring the sheriff clerk and tell them you got spoofed by the claimant sols and don't agree you owe anything and wish it to goto before the sheriff.

 

[dx100uk]

so what happened hog?

please update us?