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Erudio/Drydens claimform - old SLC Student loan

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Hello,

I’ve received a Claim form from Erudio/Drydens.  

 

Following advice from threads on this website I have already logged on to moneyclaim and acknowledged service on 14th February stating I intend to defend all of the claim, I also sent off 4 separate CCA forms for each loan including the £1 fee to Erudio and a CPR 31.14 to Drydens.  

I have had no response so far. 

 

The details of my situation are as follows.

I have 4 loans:  1996, 1997, 2000, 2001

 

I have deferred every year by a direct letter rather than using their forms (sometimes late but all the years are covered)

 

Never earnt above the threshold 

 

My address and bank details have not changed

 

I have ignored all letters from Erudio/Drydens,

going through them now I see I did receive a letter stating a County Court Claim had been issued against me on 7th Feb.  and a Pre-Action Protocol letter in April 2019.

 

I have had 1 phone call from them a couple of years ago asking me to pay any amount I could however small, there and then over the phone to which I refused and have had no other communication from them other than letters. 

I have never paid them anything.

 

Received a Claim Form, Issue date 10 Feb 2020

 

 

In 2014 they sent me a letter stating I had defaulted on terms of agreement and am now in arrears so owe them X pounds.  

I replied to this stating I disagree and do not owe them anything but did not get a reply. 

 I suspect the monies they are claiming for now has accumulated from then.

 

Particulars of Claim:

1.     The Claimant claims £9,240.52 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: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.

 

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 number xxxxxxxxxxxxx was also applied upon assignment.

 

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

 

I need to submit my defence soon but am struggling, any help with this is so greatly appreciated, thank you for your time.

 

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hey welcome along

and well done on all you have done to date.

 

quite honestly they seem to have ignored all your letters

so I would play them at their own game

 

file our SB defence.

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you so much, will get right on it!

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Hello again,

My situation seems not as simple as I originally thought.

Been going through my massive folder of Erudio paperwork and I'm not sure that my case is statute barred, wouldn't the 6 year period begin from the date they terminated my agreements in 2018 and have been trying to get me to pay the loan back in full?

 

1 October 2018  Termination of agreement letters were sent for each of my loans.

 

13 October 2018 Outstanding balance is now due in full letter.

 

23 October 2018  Sums in arrears letters sent to me in compliance with section 86B of the consumer credit act 1974 because I am behind with my payments under the Agreement.

 

30 October 2018  Capquest now managing my account letter

 

7 March 2019  Drydens managing account letter

 

26 March 2019.  Sums in arrears letter from Drydens

 

12 April 2019. PAP letter

 

7 Feb 2019 CCJ against me letter

 

10 Feb 2020  Claim issued 

 

 

 

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nope doesnt matter what letters they send

 

sb runs from your last deferment date

and that will be to SLC before erudio bought the debts

as they ignore all your letters.

 

file the SB defence.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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What happens if they did respond to one of my letters and I have no record of it but they do?

 

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never seen a single letter upset an sb case

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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16 September 2014

Erudio sent me a letter advising that my request to defer repayments has been granted.  

Would this be classed as my last deferral date in court?

 

I'm worried about all their crafty letters to cover them selves.

 

would an sb defence mean I am admitting they are owed this money but they've just run out of time to collect it?

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so not SB'd then.

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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☹️

 

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so our std holding/ np paperwork defence

 

it goes something like this:

 

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.

 

 

1. Paragraph 1 is noted and accepted. I have had financial dealings with The Student Loans Company in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

 

2. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to, and received by the Defendant

 

 

3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2017 by either the claimant or the original creditor.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant;

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Requestlink3.gif, therefore the Claimant is put to strict proof to:

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

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of Royal Mail on 04/04/2017 a CPR 31.14 request from the claimants solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have refused my CPR 31.14 request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

7. On the alternative, as the Claimant is 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 82 A 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

there are numerous erudio/drydens threads here.

have a good read up.

 

post your adaption here so we can check it.

you'll need to add in your have never earned above the threshold bit too

see other threads

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you will read on.

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HI,

I've drafted a defence, if you could check it for me that would be great.

 

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 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

1.     Paragraph 1 is noted and denied.

2.     Paragraph 2 is noted and accepted.

3.     Paragraph 3 is noted and denied.

 

4.     As per Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.

 

5.     On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant, to which both have failed to respond to, therefore the Claimant is put to strict proof to:

(a)   Show how the Defendant has entered into an agreement(s)

(b)  Show how the Defendant is in breach of agreement(s)

(c)   Show why the Claimant has terminated agreement(s)

(d)  Show how the Claimant has reached the amount claimed for and

(e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.  

 

6.     The Defendant has supplied the Claimant with a deferment letter and evidence every year that their income is below the threshold for repayments, by way of Royal Mail signed for and proof of postage has been kept.

 

7.     The Defendant has done everything required of them to qualify for deferment as per the original agreement(s) with The Student Loans company.  The Claimant has only once acknowledged a deferment letter on 16 September 2014 whereupon they granted their request to defer repayments for that year.

 

The Defendant therefore fails to see how they are in breach of any agreement(s) and deny the Claimant's claim of £9,240.52 or any other sum, or relief of any kind.

 

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don't shorten 1,2,3.

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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sorry I don't understand what that means

 

am I supposed to write why I deny or accept in 1,2,3 ?

 

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look at the example in post 11

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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thank you dx, how is this?

 

1.     Paragraph 1 is noted and denied. I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreement and have sought verification from the claimant   who has not complied with my request for further information.

 

2.     Paragraph 2 is noted and accepted. .  I did take out 4 student loans with the Student Loans Company.

 

3.     Paragraph 3 is noted and denied.  The Defendant never agreed to make payments to the Claimant, terms of the original Student Loans Agreement have been adhered to and thus repayments of loans are not due.  The Claimant is put to strict proof that an agreement(s) to make payments was made and a breach of agreement(s) occurred.   

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can I check this is exactly the forum of their POC please

 

1.     The Claimant claims £9,240.52 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: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.

 

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 number xxxxxxxxxxxxx was also applied upon assignment.

 

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


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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yes thats correct

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1.     The Claimant claims £9,240.52 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: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.

 

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 number xxxxxxxxxxxxx was also applied upon assignment.

 

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

 

DEFENCE

……………...

 

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 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

1.     Paragraph 1 2 is noted and denied accepted . I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreements and have sought verification from the claimant who has not complied with my requests for further information.

 

2.     Paragraph 2 is noted and accepted.  I did take out 4 student loans with the Student Loans Company.

 

2.     Paragraph 3 is noted and denied.  The Defendant never agreed to make payments to the Claimant, terms of the original Student Loans Agreement have been adhered to and thus repayments of loans are not due.  The Claimant is put to strict proof that an agreement(s) to make payments was made and a breach of agreement(s) occurred.   Paragraph 3 is denied as The Defendant maintains that a default notices were never received. The Claimant is put to strict proof that default notices were issued to, and received by the Defendant 

 

3. Paragraphs1 & 4 are denied.The annual income of the Defendant has never exceeded the published limits for deferral since graduating in XXXX.

The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.

 

4.      On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant, to which both have failed to respond to It is therefore denied with regards to the Defendant owing any monies to the Claimant; 
the Claimant has failed to provide any evidence of credit agreements/assignments/balances/breaches requested by CPR 31.14, and remains in default of my section 77 CCA Requests
,

therefore the Claimant is put to strict proof to:

(a)   Show how the Defendant has entered into an agreement(s)

(b)  Show how the Defendant is in breach of agreement(s)

(c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer  Credit Act

(d)  Show how the Claimant has reached the amount claimed for and

(e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.  

 

5. On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and section 77 CCA's from the Claimant,  for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 requests and their solicitors, Drydens Limited, have refused my CPR 31.14 request. 

 

6.     The Defendant has supplied the Claimant with a deferment letter and evidence every year that their income is below the threshold for repayments, by way of Royal Mail signed for and proof of postage has been kept. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 

 

 

7.     The Defendant has done everything required of them to qualify for deferment as per the original agreement(s) with The Student Loans company.  The Claimant has only once acknowledged a deferment letter on 16 September 2014 whereupon they granted their request to defer repayments for that year.

On the alternative, as the Claimant is 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 82 A of the consumer credit Act 1974. 

 

8.The Defendant therefore fails to see how they are in breach of any agreement(s) and deny the Claimant's claim of £9,240.52 or any other sum, or relief of any kind. 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 

 

 

 

……………………………...

 

delete the red

add the blue.

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you dx, will make alterations as suggested.

so my defence is asking them to prove how and why they believe I owe them money?

 

How long do I have to wait for a reply from Erudio/Drydens before I can submit my defence,  is it 14 days from date of posting CPR and CCA requests?

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your defence is not due till day 33.

 

I suggest you now spend so time reading the other erudio claimform threads here to get upto speed on things and what comes next.

use our custom google search box that comes up after hitting our top squares logo for erudio claimform.

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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thank you

 

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Update

 

Received a letter from Erudio, will upload

 

edited Erudio reply.pdf

 

Does this alter my defence in any way?

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Dryden's are solicitors....

get reading up.

you are not questioning deferment anyway..


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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