Erudio/Drydens - claim court form - poss SB'd - ADVICE NEEDED

[cosmicgirl79]

Hi, I received a county court claim form on Friday - the claimant is Erudio student loans, I have the old style student loan. However, I have had gaps in communication from Erudio - now Dryden solicitors. I think I last deferred in 2013/2104. 

On the claim form it says "the debt was assigned to the claimant on 22/11/2013" - does this mean that the debt is now statute-barred?

I contacted Drydens solicitors this afternoon and they could not tell me the last date I deferred in their records.

 

I'm wondering how to fill in the claim form. Advice would be highly appreciated as I'm aware I have very little time. 

 

Thanks Claire 

[dx100uk]

please never ring a dca nor their dogs!

ring SLC or go up on their webportal and find out your last deferment date

I suspect as with all the erudio claimforms here

this debt is statute barred

lots of erudio claimform threads here to read.

you've only got this as you've moved and never informed SLC you had done so

same with any debt that you've paid or used within say 7 yrs

never move without telling the debt owner!!

 

 

please complete this:

[cosmicgirl79]

Thanks for replying - I'm quite worried about what to do next. 

 

I see you wrote please complete this: - then it is blank. What do I need to do? 

 

Any advice would be useful. Thanks so much. Claire

 

Oh I see the link to the claim threads.

How can I verify that it is statute barred? 

 

i'll check the threads. THANKS ONCE AGAIN 

……………………..

 

Name of the Claimant ? ERUDIO STUDENT LOANS LIMITED

 

Date of issue –  18 SEPT 2019

 

Date to submit defence = 18.10.2019 

 

Particulars of Claim

 

What is the claim for – 

 

1.The claimant claims £6,000 for monies due from the defendant.

 

2.The debt was pursuant to a regulated agreement between the defendant and the Student Loans Company Ltd.

Each agreement had an individual account number as follows…

 

3.The defendant failed to make payments as per the terms resulting in the agreement being terminated.

Notice of such is served by a default or termination notice subject to the terms of the agreement.

 

4.The debt was assigned to the claimant on 22.11.2013 with a notice provided to the defendant.

A new master reference number xxx was also applied on assignment.

 

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

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes but I read it too late 

 

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? I’m unsure

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? STUDENT LOAN - OLD STYLE 

 

When did you enter into the original agreement before or after April 2007 ? Before loans were taken out in 98,99,00,01

 

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, nothing

 

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.- to Erudio and now Drydens. 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I think so - but they didn't give me a chance to defer. 

 

Did you receive a Default Notice from the original creditor? Yes 

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes I think so 

 

Why did you cease payments? I wasn’t working for a while, I was earning under the required amount. Working on a temporary basis. I deferred. 

 

What was the date of your last payment?I honestly can’t remember

 

Was there a dispute with the original creditor that remains unresolved? I don’t know the last date I deferred payment 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? They never contacted me 

--------------------------------------------------------------------------------------------------------------------------------------------------

Hi, I received a county court claim form on Friday - the claimant is Erudio student loans, I have the old style student loan. However, I have had gaps in communication from Erudio - now Dryden solicitors. I think I last deferred in 2013/2104. 

On the claim form it says "the debt was assigned to the claimant on 22/11/2013" - does this mean that the debt is now statute-barred?

I contacted Drydens solicitors this afternoon and they could not tell me the last date I deferred in their records.

 

I'm wondering how to fill in the claim form. Advice would be highly appreciated as I'm aware I have very little time. 

 

Thanks Claire 

 

[dx100uk]

As with all these youve not deferred with erudio so your last deferment was apr 2013 so sb'd

But ring slc or pop up on the slc portal now and check

Drydens are sols for their clients erudio (arrows dca) they are not debt buyers and have not and cant buy debts or raise a claim

You dont use the forns

You do not have 'little time'

Do you homework FIRST......

Use our custom google search box after hitting the top CAG squares logo

Type in erudio claimform and read ALL the threads that get listed!!

get upto speed .

also note your corrected defence filing date

 

[brassnecked]

Read up on those claimforms, then you will have a better idea,  as DX indicates apr 13 is last deferment  if that is correct  it looks like the Statute barred Defence can be used, that would kill their claim stone dead, but check in here before doing anything further.

[cosmicgirl79]

Thanks for your response and kind assistance. I will happily donate to the site. 

 

The court forms are just throwing me - and making me nervous. I need to get smart quick! 

 

i need to respond to the claim form with a line about statute barred - so i'll fill in the AOS section and then defence? 

 

What do I write exactly? 

 

Best wishes, Claire 

[AndyOrch]

You must acknowledge service by Friday 4th October  4.00pm...you are simply acknowledging service and stating your plea...defend all...you do  not submit your defence at this stage....your defence is not due until Friday 18th Oct ..4.00pm.

 

Andy

[cosmicgirl79]

So I acknowledge service on the website? And then send the defence also online? I will have a look at these threads and send the info on here first. 

 

I don't understand how Drydens can raise a claim - so confusing!! 

[AndyOrch]

Yes once you have registered to use the MCOL on line service...the instructions are contained within the claim pack which also contains your password....

 

Drydens dont expect you to understand the process or  defend it.Don't forget to utilise the CPR 31.14 request if you require any further documents.

[dx100uk]

sorry my link didn't print$

 

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
 you DO NOT file a defence at this time
 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]
 

[cosmicgirl79]

Thanks once again for all the comments, and support. The whole thing has completely thrown me - but I feel wiser and more confident. 

 

I have logged into SLC online today and the only correspondence info I can see is that they sent me an end of deferment pack on 02/12/2013 and the deferment end date was 27/01/14 - does this mean that is it not SB? 

 

In the claim form it says "The debt was assigned to the claimant on 22.11.2013 with a notice provided to the defendant"

 

 

[dx100uk]

so you sent the deferment off just prior to 27/01/13 that's the sb date - your LAST signed communication ….

as I said statute barred

[cosmicgirl79]

Yes thanks for clarifying - so it says actually that Repayment of your loan(s) is currently deferred for a period ending on 27 December 2013.

 

Tonight I will fill in the AOS section. 

 

Do I need to request a CPR 31.14 and a CCA from Drydens? When do I fill in the defence section? 

 

 

[dx100uk]

all you need to do is detailed in post 11

[cosmicgirl79]

Thanks for this - i wondered is this to Drydens or Erudio? Getting confused with some of the terminology about claimants and solicitors!!! or do i sent two copies to both companies? 

 

Do I send the defence once they send me the info? 

[dx100uk]

you follow this:

 

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
 you DO NOT file a defence at this time
 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]

 

 

[cosmicgirl79]

I have just posted the the CPR and CCA letters.

 

Filled in the AOS - defend all, unticked jurisdiction. Submitted. 

 

When do I fill in the defence exactly? I'm unsure what to do next? I have read the posts but can't find anything about the defence - as in when to submit it. 

 

Thank you 

 

p.s how do we donate something to this site? I realise some of these issues on this board can affect mental health, relationships, careers. It has been insightful indeed. This site is definitely important. 

[dx100uk]

defence date  is at the bottom of my last post or post 8

to give us some pennies click donate here or in your last post

[cosmicgirl79]

Thanks so much for responding so swiftly. 

 

I can't see anything about what to write in the defence. I'm think I'm looking at the wrong section.

 

Also, I can't see when do I send it.. i.e either immediately or wait until a certain date? I have until the 7th October. Do I send it now? I have just filled in the AOS and put defend ALL but left it unticked. 

[dx100uk]

seems like we have to repeat everything 3 times for you.

 

READ your thread from post 1again  its all here already.

 

Use our custom google search box after hitting the top CAG squares logo

Type in erudio claimform and read ALL the threads that get listed!!

 

get upto speed .

[cosmicgirl79]

I’m looking at the other posts and different threads. It’s getting clearer for me. The only thing I can’t seem to understand is when to file the defence. So I’ve read to do it at the same time of sending the AOS and then I have also read not to send it just yet. 

 

I’m concerned I’ll make a mistake. Just being extra cautious. 

[dx100uk]

On ‎24‎/‎09‎/‎2019 at 10:11, Andyorch said:

You must acknowledge service by Friday 4th October  4.00pm...you are simply acknowledging service and stating your plea...defend all...you do  not submit your defence at this stage....your defence is not due until Friday 18th Oct ..4.00pm.

 

Andy

this is from post 8 here in YOUR THREAD..^^^

nowhere on CAG does it say file defence and AOS at the sametime

 

however we sometimes say once established a debt is statute barred

there is no harm in filing our SB defence before the 33 day deadline

 

here id the search you were recommended to do earlier

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=erudio claimform&oq=erudio claimform&gs_l=partner-generic.12...19719.28207.0.43333.16.16.0.0.0.0.75.1136.16.16.0.gsnos%2Cn%3D13...0.8481j5062617j16...1.34.partner-generic..16.0.0.hoLL886XqKM

dx

 

[cosmicgirl79]

Thanks for this - sooo much - I have been very confused. 

 

I wasn't sure if there was an official timeline. And is it compulsory to file the defence? i have read many mixed threads. 

 

So it doesn't make any difference what date I file the defence as long as I do before the deadline. 

[dx100uk]

well stick to cag only you wont get confused

 

you must file before the deadline.

 

all court claims have been the same for 100's of yrs not sure how you can ever find that confusing.

 

 

[cosmicgirl79]

Hi, 

I sent the CCA request and CPR 31.14 - I sent this almost two weeks ago on the 2nd October. I have not heard from either. 

 

This is what I’m planning to add in the defence which I will tonight - it is due by Friday 18th OctOber this week. I just wondered if what I’ve written below is ok? Thanks to all for advice and wise words. 

 

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.