Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi and Welcome to CAG     I have moved your topic to our Scotland Financial Legal Issues Forum.....please continue to post here to your thread.   Have  a read of the locked sticky  threads above yours on the process of defending a Scottish claim.   Andy
    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   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.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
  • Our picks

Weejon

Arrow/Shoosmiths claim form - old MBNA card debt NI

Recommended Posts

dx100uk yes that is correct...N125

 

Sorry I didn't specify...It's with the court costs added that brings it to over £3000.

 

I did receive a claim pack..I was late on opening it.

With it being a Saturday I lodged my dispute online with the generic statue barred comments and phoned the court on the Monday..

thankfully they have took my dispute as priority as shoosmiths had not lodged a default decree yet.

 

Court says keep a better eye on your post and look out for your court date.

This is what I am looking to get prepared with.

Share this post


Link to post
Share on other sites
Quote

 yes that is correct...N125

 

Sorry I didn't specify...It's with the court costs added that brings it to over £3000.

 


So is it Small Claims or a Civil Bill  what have they expressed ?

 

Small claims

In general a small claim is one where the value to be claimed is not more than £3,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

If the total sum at issue between the same parties exceeds £3,000, the claimant must either:

  • proceed by abandoning any amount due over £3,000 (this will be expressly noted)
  • issue a civil bill in the County Court for a full hearing (up to £30,000)

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Definitely small claims.

 

I have printed off CCA request and DSAR and will be posting a CCA and DSAR to arrow and a DSAR to MBNA first thing tommorrow.

 

I can't see the DSAR being returned by the court date tho as I believe it all moves quite fast over here.

Share this post


Link to post
Share on other sites

Thanks for the continued help.

 

In regards to sending a DSAR to Arrow.  I believe that a DSAR should be signed.  Should i be sending Arrow anything with my signature on it?

Share this post


Link to post
Share on other sites

I have issues about sending any DCA your signature

however in this case as its statute barred it does really matter

if you click SAR

and read all the posts there

I would include a CTAX copy

you only have to prove who/where you are today 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

I never actually sign anything. No legal reason why you must or should, its just a convention. No point giving them any ammo to fire back at you.

 You could put some XXXXs if you like, it wouldn't make a scrap of difference. 🤣

 

I just end a letter:

 

yours, blah.

 

 

noomill060

 

(Note gap where you would sign a letter normally)

Share this post


Link to post
Share on other sites

I would send any letters you send "Signed For" posted at the Post Office at least and keep the receipt and tracking number very safe.

Share this post


Link to post
Share on other sites

Update.

 

So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.

 No defense to file so this is where things differ from the rest of the UK.

Would bank statements be enough evidence to prove my statue barred case?

 

Share this post


Link to post
Share on other sites

It would but you'd have to do so much redacting as no way should you even show those to a claimant. Gives away far too much other data.

 

for want of clarification..it's for the claimant to prove a debt is not statute barred..not for a defendant to prove its not.

 

i have had one scottish claim like this.

i refused to let the fleecers in court see the statements and told the sheriff i was more than happy for him to view them privately.

 

he agreed and got may complete folder of every statement from 1982 till that date (2015) some 600 pages.

 

after a short recess!!..he ask me one further question..did i have any other ways of funding that i might of used..i said yes..he said what types..i said 2 other banks accounts of which both were joint and that i was not comfortable with disclosing the other party 's personal spending ..but had them and would disclose the statements if requested.

 

He asked was the paperwork as comprehensive as the one currently with him..i said yes..he said that will not be required you are under oath i take your word with a smile..

 

absolvitor issued..

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Thats a very valid point.

This is the only instruction on the letter.

If I don't send proof of no payment to them then surely I could not use that as evidence in court.

Also any ideas how a bundle of evidence should be presented?

 

20191212_223833.jpg

Edited by Weejon

Share this post


Link to post
Share on other sites

On 30th April 2012 the respondent defaulted on the terms of the credit card at which stage there was an outstanding balance of 3400.

 

On 21st Jun 2012 this debt was assigned to arrow global Guernsey Ltd.

 

Notice of the above assignment was issued to the respondent at the relevant time.

 

As a result of the above assignment any balance that remains due by the respondent arising out of the above mentioned credit card is now properly due to the applicant.

 

Following post default credits this balance has been reduced to 2900.

 

Please note that the customer last made a payment of 1.00 on 12th Dec 2014.

 

……..

 

30/03/12 balance £3400

20/10/19 balance £2900

                                ---------

                                  £500

so an exact round £500...strange that

 

even stranger that before 12/12/2014 ''post default credits' reduced the balance by exactly £499 ...note they do not use the word payments.

but they do when referring to the £1 

 

what date is the hearing?

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Court date is 23rd Jan.

 

I'm looking forward to seeing what evidence they send me of the payments I have apparently made.

 

 

Share this post


Link to post
Share on other sites

look at the timeline in the poc carefully.

the a/c was defaulted 30th april

the A/C was not sold till 21st june, some 2mts later

 

I would suggest the £499 was refund of interest or charges or WHY from the OC, hence the different wording

to the phantom £1 payment some further 6mts later they claim by you.

 

the MBNA SAR will most probably clarify the 1st part and should be arriving well in time for your bundle exchange

 

at that time 2012 -14 were you ever aware of what questioning a debt was all about ?? or were involved in any other debt whereby you used a CCA request etc or were in any kind of debt management etc etc.. we don't have old thread history to guess your background.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

They claim £1 payment was paid in 2014. I have bank statements going back to December 2012. They show no payments to the debt. Or even for any payments of £1. This is the only account I have held.

 

I have never used a cca request before and this is my first dealing with this type of thing. Never went into a debt management plan. 

 

I went onto the electoral register at my new address and then a shoosmiths letter arrived about a month later regarding this.

 

 

 

Share this post


Link to post
Share on other sites

great stuff.

await the CCA/SAR returns

sit on yours hands for now, but continue your research here on CAG.

 

there are 100's of either 

arrows card claimform.

or shoos or shoosmith claimform

 

threads here

 

use our custom google search box which comes up after hitting the top squares logo for above

wont hurt to read as many as you can.


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...