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eruido/drydens claimform - SLC Student Loans

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Claimant Erudio Student  Loans

 

Date of issue – 9 Jan 2020

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1. The Claimant claims £8k for monies due from the Defendant. 

2. This debt was pursuant to a regulated agreement(s) between the Defendant and the Student Loans Company Limited.  Each agreement had an individual account number as follows: 

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. This debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.  A new master reference number xxxxxxx was also applied upon assignment.

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

 

What is the total value of the claim?£8k

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?I'm not sure - I did get a Solicitors' letter of claim with dates, loan agreement numbers, and amounts. 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?Yes - many times.

 

Did you inform the claimant of your change of address?No.


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans

 

When did you enter into the original agreement before or after April 2007 ? Original loans pre 2007.  Agreement to pay monthly amounts after deferral no longer possible was after 2007.

 

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

 

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. Erudio.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I believe so.

 

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 ? No - but I have moved many times.

 

Why did you cease payments? Sometimes I just didn't have the money at the time - would miss one or two payments and then have to go through whole procedure again.

 

What was the date of your last payment? August 2014

 

Was there a dispute with the original creditor that remains unresolved? No

 

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

 

…………………..

 

Hello out there - Can anybody give me a little advice please?

 

Yesterday I received a N1 Claim Form for 8.5k for a student loans from 1996,1997 and 1998, to Erudio,

( also received a Letter of Claim from their Solicitors last August). 

 

Back in 2011 I neglected to defer one of the loans and SLC came after me for full payment. 

I wasn't working then and they accepted a small monthly payment. 

 

Somewhere between then and now, the other 2 loans came online and I neglected to defer those as well, they were added to the claim all three became non-deferrable and fully due.

 

My last payment to them was made in September 2014, after which I made no more payments, so not statute barred I think. 

now they have found me and I have a few more days to decide how to respond to them.

 

My situation is that I am 61 and 5 years away from retirement. 

I have full-time work as an Administrator/Ckerk (although 65% of my take home pay goes on rent and council tax).

 

I do have some small savings as a result of being widowed 2 years ago. 

However, I am now trying to buy a 25% share in a shared ownership flat and I need the savings to pay for the share as I'm unable to get a sufficient mortgage at my age.

 

£8.5k out of this would leave me unable to continue and at the mercy of private landlords for the rest of my days

- I can't afford that now, so have no idea how I'll afford it on the state pension

- hence the attempt for the shared-ownership place.

 

Obviously I don't want to disclose this 'roof over my head' fund to Erudio, but equally

- a CCJ might prevent me being accepted by the Housing Association anyway. 

 

In desperation to get myself into this much cheaper flat I am thinking of admitting the claim and going through all the income and expenditure forms and making an offer to pay monthly, but ... can they demand to see my bank statements whilst considering my offer? 

 

If that is the case, then it seems I should just stay quiet and let them do their worst.

At my age and with my future working prospects, I don't get credit extended to me anyway, a CCJ seems maybe a small price to pay for a little future security.

 

Am I being an idiot here?

 

Knobblyknees

 

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when did you start repayment?

to whom were they made?

and why did you start?

 

have you ever earned over the threshold?


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

 

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Hi -

 

when did you start repayment?

I couldn't be sure - probably around 2011 or so,

 

to whom were they made?

They were made directly to the Student Loans Co

 

and why did you start?

Because after I missed the deferral, they started sending me letters - to which I responded, and an agreement was reached.

 

have you ever earned over the threshold?

Up to two years ago no.  Now I might be over it slightly £22k pa gross??

 

Thank you.

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if you were under 40yrs of age when signed up :

for loans 1990 - 1997 the write off date is 25yrs from take or age of 50yrs whichever is the earliest..

you were already 50yrs of age when you started to repay?


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

 

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Yes - I was under 40, in 1998 when last loan taken out - by a year!

 

I cannot be certain though whether I was over 50 when I started to repay.  Trying to think back, it could possibly have been earlier.  My current bank statements don't go back further than 2013 - and I was paying then.  I will scratch head and try to tie it down. Would it be dangerous to contact Student Loans and ask them for statements, do you think? (Though Lord knows if they would come in time for N1 timescale). 

 

KK

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the claim is nothing to do with SLC.

safe to ask them anything you wish.

 

if your about age of 61 is correct your reached 50 2009.

2 yrs before you appear to remember starting to repay.

 

i'd be querying with SLC why you had to repay

RECORD THE CALL

 

dx

 

 


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

 

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I've found a copy letter that shows I started to pay them in January 2009 after a coercive phone conversation (I doubt it would have been the first).  This was just as I had found a new job, and - unfortunately - a few months before I hit 50.

 

KK

 

 

Edited by Knobblyknees
So 3rd parties can't read and identify my birth month.

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but you could of simply been advised to defer, it wouldn't have mattered if you were late...unless you were over the threshold?

 

get an sar running to slc 

somethings not sitting right with me on all this here.

 

but for now lets get the basics done

there are numerous erudio claimform threads here already

you need to go read them.

there is also an slc forum with even more goodies there.

 

the bottom line is you solely go this claimform because you ignored everything for whatever reason and the letter of claim.

typically, once a response is made, they let the claim get stayed.

however I don't think we have a case yet whereby payments were made within a 6yrs period...i'd have to look.

 

.....

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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]
 

 

 

 


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

 

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Thank you so much for your kind help and attention. I will start on this when I get home from work tonight.

 

KK

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just to clarify.

 

if they specifically mention 4 SLC loan numbers in their POC, you should be sending Lowell 4 individual CCA requests each with it's £1 PO in 4 sep envelopes.

 

the single CPR goes to Lowell solicitors but ofcourse you should also mention you wish the agreement for each loan, the default notice for each loan, and the termination notice for each loan.


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

 

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Hi dx -

The original Letter of Claim from Driydens did mention all three loans numbered, though the N1 Claim form from the County Court does not. I'm writing out 3 CCA requests to be on safe side.

 

Although I'm a little sketchy on exact dates, I remember that I stopped doing my deferments (which were becoming ever more invasive and demanding), and went quiet and ignored their written communications.

 

Eventually (and it may have been 18 months or so),  they started contacting me by phone - mobile and landline - and this would have been close to my 50th birthday, (so now I can see they were desperate to get some communication/admission from me and quickly).

 

They mostly tried calling me from the Company number, and then by private mobile so I could not screen the call.  When I ended up being caught to speak to them, I had a real toughie on the phone who in essence told me that because I had failed to defer the loan, it had now 'gone to collections', and I was no longer able to take advantage of the deferment process, regardless of what I was earning. 

 

I can see from my subsequent letter to them that the call was unpleasant and coercive and I was talked into making an agreement to pay a monthly amount even though I was definitely earning under the threshold at that time, (£10,055 pa).  It was explained to me that because my loan agreement was "in collections", the normal rules about eligibility to pay no longer applied. 

 

I hope this may explain a little more fully.

 

I'm on to the SAR, CAC, and MCOL parts of your reply now, (and no doubt for the rest of the evening!).

 

Many thanks

KK

 

 

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you state their poc says:

 

2. This debt was pursuant to a regulated agreement(s) between the Defendant and the Student Loans Company Limited.  Each agreement had an individual account number as follows: 

 

and re your above post

are you SURE this was SLC you were talking too being unpleasant and coercive?

any details of numbers used to call you and who you replied too by letter?

 

that's not usually what SLC do, TBH they couldn't give a monkey's about getting money, they were simply the administrators are the Gov't.

sounds more like a fleecing DCA..


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

 

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Yes - what you've written in red is exactly what is written on the N1, but no account numbers follow the colon - it just goes on to Point 3.  The Defendant failed to make etc etc.

 

I've just found loads of old email correspondence too going back to that date - I was dealing with collections@SLC.co.uk both by phone and email. So it was SLC, but a particular department. 

 

 

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thanks for the clarification.

 

so naughty erudio/drydens again. we've seen this before.just a mass self generated ref number so they can actually hide what account they might poss think they have a claim against you over.

 

there are numerous erudio/Dryden claimform threads here

use our custom google search which comes up here or hit our squares logo upto if you cant see itand search as in red

the more you read the stronger we become.

 

pers i'd still do the required CCA's using slc AC no's for each loan

 


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

 

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Hi DX

 

All letters posted off with proof of posting receipts - 3 x CCA requests (with separate Postal orders and in separate envelopes) to Driydens, 1 x CPR to Driydens, 1 x SAR request (signed) to SLC.  I've also acknowledge service on MCOL, ticking the Defend All box.  As I understand it, with the claim form dated 9th January I now have till 10th February to decide my defence.

 

Reading through other of your replies on the site, I see it may be unlikely Driydens will bother to press the action once they know I'm going to defend it.  Although I'm not out of the woods yet, the horizon looks a little brighter, for which I thank you.

 

Do you have any suggestions on what I should concentrate on as my defence? I was thinking of going with "demanding money with menaces" and focus on that.  The reason I started paying them after 'that' phone call was because the SLC rotweiller told me that at that time only one loan was in default but if I made an arrangement to start paying something towards that first loan, we could again defer the two remaining loans.  It will be interesting to see my deferment history when SLC respond to the SAR.

 

I will continue reading the threads and thanks for your help so far.

 

KK

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The slc portal might still work for you if you try


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

 

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No - I don't believe I ever registered for online access to my account.  Just tried and it's returning error messages and requests for a customer no which I do not have.

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what ever happens do NOT miss your defence filing date.

 

it would be really interesting if we get the data back from SLC and that does show you were over 50 when you started paying.

though for now we might keep that safe 

probably use the std no paperwork/holding defence in many like threads here already 

but lets see.

 

 

 

 


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

 

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Hi again,

The time for making my defence is now approaching.  After sending the SAR, CPR and CCA letters on 17th January, I've received responses as follows:

  1. The SAR acknowledged on 23rd Jan after I supplied them with further information to identify me. Nothing received yet and nothing due until 18th Feb.
  2. The CPR request sent to Drydens  was acknowledged on 21st Jan, agreeing 28 day extension.
  3. The 3 x CCA requests sent to Drydens have been acknowledged with a 'waiting for client' paragraph and the 3 x postal orders all returned to me.

Sadly, I am now certain that I did start paying them just before my 50th birthday. However, I have never earned above the threshold, (and still don't), but agreed a payment plan because, after failing to sign a deferment form one year, they told me I was no longer eligible for deferment.

 

I've fished out a copy of what I think must be the 'no paperwork' defence you refer to and had a go at amending it here.  I'm a bit nervous about paragraph 3 - I am fairly sure I received a few default notices about 10 years ago when they first got me to make payments.  I have not received anything since, but I have moved house about 7 times since then.  I'm also wondering whether I can include anything about never earning above the threshold?

 

Many thanks in advance if you are able to help further.

KK

 

1. The Claimant claims £8k for monies due from the Defendant. 

2. This debt was pursuant to a regulated agreement(s) between the Defendant and the Student Loans Company Limited.  Each agreement had an individual account number as follows: 

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. This debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.  A new master reference number xxxxxxx was also applied upon assignment.

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

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted and accepted the Defendant has in the past had financial dealings with the Student Loans Company. The Defendant does not recall the precise details of the alleged agreement or debt, and has sought verification from the Claimant who has to date has failed to comply. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant.

 

3.Paragraph 2 is denied. The Defendant is not aware of any alleged service of a Default Notice pursuant to the consumer credit Act 1974, either by the claimant or The Student Loans Company

 

4. On receipt of the claim, a request for information pursuant to the Consumer Credit Act (section 77) addressed to the Claimant and a CPR 31.14 Request addressed to the Claimant’s solicitors were posted on 17th January 2020. To this date the Claimant and their solicitors remains in default.

 

5. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

 

7. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

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looks ok 

your 3.

add termination notice 

change para 2 to 3.

 

add termination notice to c)


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

 

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Hello - Thank you for your reply dx. I have amended as you suggest. 

 

Do you think I can I get this in anywhere? 

"The annual income of the Defendant has never exceeded the published limits for deferral since graduating in 1999.",

or should I hold on to that for if push comes to shove and I do end up in Court?

 

Also, seeing how MCOL can be a bit temperamental, I'm thinking of trying to start sending my defence on Sunday - for its deadline of Tuesday 11th Feb. Do you think that is sensible, or should I wait until the last minute?

 

Is there anything else that you think I could be including that will put them off taking it further?

 

With thanks,

KK

 

1. The Claimant claims £8k for monies due from the Defendant. 

2. This debt was pursuant to a regulated agreement(s) between the Defendant and the Student Loans Company Limited.  Each agreement had an individual account number as follows: (no individual account numbers actually supplied).

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. This debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.  A new master reference number xxxxxxx was also applied upon assignment.

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

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.  

 

2.Paragraph 1 is noted and accepted the Defendant has in the past had financial dealings with the Student Loans Company. The Defendant does not recall the precise details of the alleged agreement or debt, and has sought verification from the Claimant who has to date has failed to comply. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant. 

 

3.Paragraph 3 is denied. The Defendant is not aware of any alleged service of a Default Notice or Termination Notice pursuant to the consumer credit Act 1974, either by the claimant or The Student Loans Company

 

4. On receipt of the claim, a request for information pursuant to the Consumer Credit Act (section 77) addressed to the Claimant and a CPR 31.14 Request addressed to the Claimant’s solicitors were posted on 17th January 2020. To this date the Claimant and their solicitors remains in default.

 

5. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

c) show the nature of breach and service of a Default Notice or Termination Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

 

7. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

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2.Paragraph 1 is noted and accepted the Defendant has in the past had financial dealings with the Student Loans Company. However the annual income of the Defendant has never exceeded the published limits for deferral since graduating in 1999. The Defendant does not recall the precise details of the agreement , and has sought verification from the Claimant who has to date has failed to comply.

 

I have removed your denial of a Notice of Assignment as you state in your post 1 ....

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I believe so.

 

Andy


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Thank you so much for your input Andy. I will edit accordingly. 

KK

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OK - all edits are included now and the defence is in its final form I think.

I've received no further replies to SAR, CPR and CCA letters.

 

I will enter my defence on the MCOL site on Sunday evening. 

Hopefully that will be more or less an end to it as far as Court action is concerned - but I will post back if I hear anything unusual.

 

Thank you truly for the help and advice given

- I think when I first posted I was prepared to just accept the judgement, so I'm very grateful that you've shown me that wasn't the only option.

 

Donation made. 

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