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    • 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.    
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D.J.F.

Reclaim Halifax Loan and Mortgage Charges

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Ok Will do that now. 

 

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if you want to scan it up use PDF 

read upload carefully.

 

it will be there.

 

dx

 


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

 

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I've checked through the account 'statement' which has all the notation codes on it, and there is no ND code at all. 

There is also no ND code or 'default' reference in the summary page. 

 

But I don't have a schedule of correspondance included in the SAR,  despite me asking for ALL information pertaining to the account.

 

Maybe I have to go back and request that?  

 

I've actually checked every page of the SAR for Default notice and the only mention is Pre default notice and notice expired charges in a 'charges' summary. But these all come under a standard notation of 72D

 

Summary.jpg

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can't believe that if you've had arrears as you say in post 1 here and lots of charges there has been no default.

your sar will be on all your dealings with them.

 

how many pages are regarding this loan..

 

dx

 

 


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

 

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I ran into trouble with my business quite early in the loan so it's been in arrears for most of it's life. 

 

I did an SAR earlier last year in which they sent out a lot of info for all agreements i'd had directly/indirectly with them, but it was all mixed up and very difficualt to pull info from it. So I requested again but just for this account. 

 

But there's no communication log with it. and yeah no mention of default. 

 

I'll have to call them tomorrow and ask where the rest of the content is.

 

Also, 

 

I've just checked experian and clearscore. 

 

Both say all accounts are 'Green' with no issues. Apart from Halifax who's report "has worsened to :6 payments in arrears" 

 

And further driven my score down. 

 

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and when was it 1, 2,3,4,5?

 


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

 

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It started in Summer. 

Roughly 6 months ago anyway. I've got screen shots of it, but the big dip was june/july and the adverse change was late a payment reported by Halifax. 

 

I appreciate the score has a few wobbles if I make a big purchase on a credit card or something, but this reduced my score by more than half, and is still holding it down because it's still being reported. 

 

I havn't complained to them about it yet because I wanted it to run 3 months to make it libelous, and also get all the other possible infractions together so I can hit them hard. 

 

I had have another loan with Nemo. They wrote to me a few years back saying they had breached the cca 1974 by not serving me NOSIA adequately and knocked 15k off the loan!. 

 

i think I have at least that, the charges and the credit reporting to attack Halifax with, plus possible capitalisation. 

 

I do appreciate any and all input on this. 

 

 

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when did it get to 6 what month? look at the calendar section.

 

when did you sar them last?

 

have you had NOSIA sent?

 

 

 


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

 

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It started in june,

1 month missed payment,

and has continued since then. 2, 3 ,4 etc. 

 

I got the BIG SAR back beginning of the year, but the one solely for this account I got back 11th November 19.

 

Default notices.

I have definitely had them on the account, because I remember them suddenly starting to turn up and wondered why.

But it was years into the agreement.

Well past the start of the troubles on the account. 

 

 

Screen Shot 2020-01-14 at 22.24.08.png

Screen Shot 2020-01-14 at 22.18.43.png

 

I have not missed a payment. 

 

But as i said earlier, I WAS guilty of not getting back to them to re-visit the agreement and give the income/expenditure to re-start it. 

 

That happened around the same time as the report so I definately think they're connected.

 

I was very busy at work 7 days a week and I appreciate I was late getting back to them.

BUT i didn't miss a payment and the results of the re-visit kept my payments the same as they had been anyway. 

 

That screen shot shows a payment required of 199 a month. I pay £361 to contribute to arrears. as agreed with them. 

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it is 6 monthly payments paid late from may

what months have 1,2,3,4,5 in them from the credit file?

 

you can't have received numerous default notices...

you mean NOSAI ...they are NOT the same thing.

 

 


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

 

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Ok so Experian shows a 'code 6' late payment every month for 7 months. Clearscore shows a timeline which dips severely june stating late payment on 1 or more accounts as the reason. Karma also shows a code 6 for the last 7 months, and when you hover over the 6 it states 'payment was upto 6 months late'

 

Default notices: ah ok I see. I've just dug out what they started sending me 2 years in. They're called 'Notice of Default sums' and details of a charge applied to the account. Notice starts with "under the CCA 1974 we are required to with this notice od default sums charged to your account"

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the 6 status means that for 6 times or more you were late paying or some other misdemeanour registered by the owner, by the month the 6 is in.

Most credit file providers themselves treat a debt as defaulted once you reach or exceed 6 misdemeanours, this explains why you score suddenly sunk.

some credit file providers use a 6 status, some use D, some use 8. 

 

the above is ONLY in ref to the markers in the calendar section. no ref nor ddefaulted date is shown in the debt summary line as the owner has not issued a DN and carried through with defaulting you under the CCA section 87/88.

 

a creditor must send a NOSIA each time they register a marker to the CRA providers.

 

 


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

 

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Ok but the text in all the cra's states late payment which hasn't happened.

And yes it dropped dramatically as soon as they reported whatever the crime was, but I din't do anything wrong. I

 

'm going to complain anyway as I didn't receive a nosia in June when they made the report. 

Indeed I've NEVER received one. 

And my score has gone from excellent to very poor 👎

 

I'll also contest these notice of default sums starting so late. 

 

Thanks for the prolonged assistance and patience......

 

I'd still love to give my SAR to an auditor to check it professionally. I'll keep searching....

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we can do that but you wont upload it.

 

 


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

 

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Upload the entire SAR?

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that appertains to this loan yes.

others do.


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

 

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Ok, I' didn't think that was an option, I'll call them tomorrow and get them to send me the comms data and get it uploaded. 

 

ta

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36 minutes ago, D.J.F. said:

Ok but the text in all the cra's states late payment which hasn't happened

well in a way you are late

you have arrears, you haven't paid them off, so in effect you are 'late' paying them off.

 

just send a new sar it's free now.

 

 


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

 

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appreciate that, but i was in the same arrears the month before it dipped while I was enjoying a max credit score.

 

I am definitely thinking it's because I was in an arrangement and was late 'checking in' with it, and the computers sent the report, but even if thats the case, the arrangement was re-instated (a month later) but still continues the bad report each month till now.  

 

Might be glitch, i appreciate that, but i want to complain about any and all indiscretions, and if there's no others or recourse then so be it. 

But i know they rely on people not looking into these agreements thoroughly or at all. 

 

I'll request a new sar 

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the devil will be in the detail that's for sure.

i'm not 100% in with the idea as yet of a complaint regarding multiple issues, which they might have done wrong, rather than a main focus on one.

but time will tell.

 

however, now that the info is clear, and you understand how things work and have worked, it looks increasingly like 'because' you were not in an arrangement, when the old one expired, they started these markers?

 

 

 

 

 


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

 

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Yeahp, Agreed. And I still believe that to be unfair. 

 

ok, maybe I will split the complaints up, for clarity......

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Hi, 

 

i've called Halifax and they say I've had "ALL the info that is available" pertinent to the loan account.

I probably could do with that in writing. 

 

In the meantime, can you advise on the difference between

'notice of default sums'

and

'notice of sums in arrears'?

 

DSAR upload will follow

 

Many Thanks 

D

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the 2nd is a letter they must send in order to do what the 1st allows them to do - charge you fees (which are unlawful anyway)

 

 


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

 

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Thank You!

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Hi, 

 

Here's anything relevant within the dsar.

There are other items which are generic and not related to the performance of the account. 

 

Cheers

D

 

Hal Dsar nov 19 0.jpg.pdf

 

 

Edited by D.J.F.

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