Erudio/Shoosmiths Ordinary Cause - old student loan

[Baldyspec]

How did you get on with this?

 

I’m sitting with my writ here, almost exactly the same circumstances as your own and found this thread on google search. I’ve got until the 30th to respond. 
 

SLC loan in 1997-2000 and haven’t earned more than the threshold since.

Erudio lost some of my payslips and claimed never to have received a change of address letter.

They just completely stopped issuing me deferment forms and have been chasing £7.4K since. 
 

My lawyer advised that they’d get me on a technicality re: not deferring, not able to prove that I sent an address letter - and advised me to just offer them a small amount per month. 
 

I’d be grateful if you’d let me know the result of your defence though - it could be a last resort. 
 

Thanks!

 

 

[dx100uk]

best to create you own topic please 

hit create in the top red banner

 

ps shoot your lawyer..hasn't a clue what he's admitting you too..

 

dx

 

[Baldyspec]

I’ve been filling out the forms re: disputing the call for repayment due to my income but acknowledging the only economical option for me is to offer a token £10 a month.

 

Court & lawyers fees are too much of a risk and I can’t afford them anyway. 

 

Funny how the court fee of £129 is only chargeable if you want to challenge the claim.

It’s all loaded against contesting the claim in court.

 

The lawyer told me her fees are chargeable whether I win or lose. 

Hopefully the Sheriff will see that I’ve only exceeded the threshold one month in 2006 and go lightly. 
I’ll do a new thread ASAP. 
 

 

[Hhog909]

3 hours ago, Baldyspec said:

Funny how the court fee of £129 is only chargeable if you want to challenge the claim. It’s all loaded against contesting the claim in court. The lawyer told me her fees are chargeable whether I win or lose. 
 

Yes I felt the same way about the process,

 

there's something unsettling to me about how easily Erudio/Shoosmiths can seemingly get the court to issue a writ,

which immediately puts someone like you or me in the position of having to either admit liability or stump up the fees for a challenge.

 

I mean if you look at the writ they sent me,

it's clear that Erudio/Shoosmiths didn't provide any evidence of the alleged debt at the time they raised the matter the court

- it's all "we'll provide evidence to back up our claims later.

IF someone asks for it".

 

It's bizarre to me that the court is happy to go along with something like that.

 

Once again, good luck, I'll watch out for your new thread.

[Baldyspec]

I handed in my forms and offered them £10 per month.

That would effectively be coming out of my child benefit and tax credits so hopefully the court will see how ridiculous Erudio are being and grant a time delay. 

I’m in the same boat as yourself, never earned over the threshold and don’t have the money to pay them.

 

But the last thing I want to do is get into negotiations with Erudio

- them and S-smiths are a bunch of sharks.

[dx100uk]

its a shame cause you'll reset the SB clock again by paying.

 

 

[Baldyspec]

Nothing. There’s a section of the form that lets you explain your situation. I explained I disputed the claim but added that I seem to have no option than to offer a token amount. 
 

The whole thing is really sketchy. Even handing it in today created a stir because nobody really knew what to do with it.

 

Does anyone have anything from the actual court/s as to how they deal with these writs? Everyone seems in fear of Erudio/S-smiths but for all we know the sheriffs may take a dim view of that - especially in light of people’s inability to pay. 

[dx100uk]

handed what into where?

[Baldyspec]

Falkirk Sheriff Court - the location they ask you to send it to. 

[dx100uk]

who are THEY are what are you sending ??

 

 

[Baldyspec]

They are Stirling Park, sheriff officers. And they instruct me to send/hand the completed parts of the writ, applying for a “time to pay” back to the court. 

Im just getting my head round Hhog909’s predicament and my own. Surely any further “safe” negotiations should be through the court, whether you dispute or apply for a time to pay?

 

Not sure how heavy the Sheriff is likely to get on someone who hasn’t earned over the threshold  in 20 odd years and doesn’t have the cash to pay anything. What are the chances of a visit from the sheriff officers to take your bicycle & lawnmower away?

[dx100uk]

own thread created

please don't hi-jack.

why have you handed in a time to pay and not defended ??

please complete this: