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erudio/drydens claimform - old slc loans

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Hello all I have received a claim form from erudio, dated 02/09/19 I have acknowledged claim, defence due 04/10/19.

 

I would be grateful for a bit of advice and support as I am determined to fight this and hopefully win.

 

I am 63 yrs old, I have no income,

I am my wife’s carer, she receives disability benefit.


My plan to defend on technical/legal grounds ie cca request faulty notices, maybe unlawful rescission, wrong balance ie charges after unfairly refusing to defer me, keep it very simple ie prove it. I think there is an unfair relationship possibility but would this be a counter claim?

 

I have a full chronology typed out I could post, just worried about giving to much detail but will post if you think ok  


Oh wondering what to do about this-
Dated 18/09/2019, drydensfairfax solicitors sent letter (received 23/09/2019) acknowledging CPR 31.14 request and stating ‘we are liaising with our client’ and ‘upon receipt of the documents we agree to a 28 day extension in accordance with CPR15.5 in order to file your defence’

Thanks in anticipation

 

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Please complete this..

 

No dont do what you suggest.. !!!!

 

Now you are over 50...why are you still liable?

When did you last defer?

When taken out

How many?


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Now you are over 50...why are you still liable?  I was in arrears at time

When did you last defer? do not know but before  2014

When taken out 1991, 1992

How many? 2

Now you are over 50...why are you still liable?

When did you last defer?

When taken out

How many?

 

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Name of the Claimant ?

Erudio student loans ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 02 sep 2019

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 04 october

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

friday 04 october

 

Particulars of Claim

 1. the claimant claims £1600 for moneys due from the defendant

2.this debt was pursuant to a regulated agreement(s) between the defendant and the student loans company ltd. Each agreement had an individual account no as follows 91poshxxxx 92poshxxxx.

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 no xxxxxxxx was also applied upon assignment.

5. the claimant has complied with the pre-action protocol for debt claim.

 

 

What is the total value of the claim? £1600

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes but I did not see it

 

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? Student loan

 

When did you enter into the original agreement before or after April 2007 ? 1991, 1992

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Portacabin on uni campus

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? 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. Issued by erudio the 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? Yes in may 2016 and a termination letter, they sent another one in oct 2016 because they said acc not terminated

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

 

Why did you cease payments? Student loan erudio refused to defer me in 2014 even though I showed my income was below threshold

 

What was the date of your last payment?   20/12/2011 of £1.63 I was in debt management at time

 

Was there a dispute with the original creditor that remains unresolved? yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes

 

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

I sent a cca1974 request to erudio on 10/07/2016, I do not think they have yet complied fully to date.

 

 

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As with all these erudio claims

statute barred

and the fact you are over 50 too

 

funny how erudio use the matured tag when its useful to them

but forgot about it when its useful to the defendant.

 

use the custom google search box

after hitting the top squares CAG logo

 

claimform erudio

and read all the threads there

you'll soon get the idea

 

last point..

have you ever earned over the threshold??

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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hi  - have you ever earned over the threshold??

I do not think so but cannot be certain erudio sent me a payment and arrears history shows payments of £346.88 between 1998 - 2011.

I think they were under a duty to inform me in 2005 when I reached 50 in 2005 that I was entitled to cancel loan and if there were arrears give me opportunity to pay them.

 

thanks for replies

 

I have just checked figures they supplied, when I reached 50 my total arrears were £442.15 my payments made were £267.56 this means I could have settled for £174.59 and wiped the loan. This was in  2006 (not2005) before it was sold

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So had blind even before erudio got there murky hands on them.

 

statute barred anyway

 

so find that defence

in those threads

but do read them all too

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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