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Drydens fairfax claim my erudio debt isn't statute barred - I think it is?


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Hi -So I realise there's loads of info about this on here but I'm struggling to understand it and I keep running up against dead links to pages people are being directed to. 

 

Briefly -

- I have 3 loans from 94/95/96.

- Kept up with all my deferring until 2015 when I was having a bad time and got the loan terminated by erudio.

- I have never earnt above the threshold at any point.

- I've had Moorcroft and capquest on my case and managed to palm them off by asking too many questions and stating my case that i've never earn above the threshold.

- I've now received a PAP from Drydens. I'm well within the 30 days - How should I proceed? Very confused by so many threads. Sincerest apologies for adding another one.

Additional info

- Last deferment was 2014 so not SB

- Tried various appeals on compassionate grounds to erudio at the time. Not interested. Took it to the FOS - they didn't support me.

- I think from what I can tell Drydens are trying a backdoor CCJ as capquest sent most of their correspondence to my partners house.

 

Any help VERY gratefully received. 

 

ta

 

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something like post 2 here

 

post up your thoughts 1st.

 

although its disjointed

read this thread CAREFULLY...

https://www.consumeractiongroup.co.uk/forum/showthread.php?447223-Erudio-and-final-FOS-decision

 

same situation??

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi - thanks for responding.

 

Same situation in that erudio have sent drydens after me and that we both had our loans terminated for lack of deferment forms. Also we both tried and failed to get the FOS involved.

 

I hadn't twigged that my first loan [18/04/1994] has actually passed the 25 year mark.

Do you think that's why they are getting pushy then?

 

The termination letter states I have lost my 'right of cancellation of the debt if it has been outstanding for 25 years" but I guess the fact I haven't actually been over the threshold and can prove this if need be makes their claim more tenuous?

 

I'm very happy to reply to the PAP as is suggested and haven't done a CCA yet either.

 

Currently earn about £15,000 PA so i'm barely halfway to the threshold.

 

Not sure I can add anything else.

My case is pretty straightforward really, kept up with all my paperwork and changed addresses etc, messed it up a bit during a bad patch, ended up getting it terminated.

 

Not very happy about it..... But not scared of them, certainly doesn't keep me awake at night.

 

Righteous Indignation I think it's called.

 

 

Should I refer to the first loan as being over 25 years on the PAP?

Also they are meant to send one PAP per loan right? This rolls them into one. Should I highlight that?

 

thanks again

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can I surmise possibly...

is this being quoted as one slc agreement but the total of all the loans?

or is this being quoted as a erudio ref number from the whole sum ?

 

the fact that one or more has matured is immaterial as such, they were concurrent years of study?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it's quoting the total outstanding amount of the 3 loans as the debt but then with a breakdown into the 3 separate years of the loan so -

 

date of loan            amount outstanding

18/4/94                      £xxxxxx

24/2/95                      £xxxxxx

10/6/96                      £xxxxxx

 

They are totally separate as far as I am aware though, the statements that Erudio send out come in 3 different envelopes 

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I would expect it was a 3yrs qualification though?

but anyway, in terms of how slc deal with them they are one sum so the first wont be matured no sadly

 

ok you have the info upon what to do.

 

you've only got the pap loc because in their eyes you've ignored things to date and once you reply

it'll go quiet like all the LOC threads have done.

 

they are picking off easy targets to gain backdoor CCJ's with people that don't respond.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi - so i sent the form as suggested above and have just received a this reply from drydensfairfax - [had to type it out, no scanner]

 

 

our client: erudio

acc no. xxxxxxxxxxxxx

outstanding amount: xxxxxxxxxxx

 

We refer to the above matter and confirm receipt of your correspondence, the content of which has been noted, we return your postal order as this is no longer required.

 

Your account has been placed on a temporary hold while we contact our client with details of your query.

 

We will inform you of the outcome as soon as a response is received from our client.

 

We trust this is clear. However if you have any queries please do not hesitate to contact us.

 

Yours faithfully, drydens fairfax.

 

 

 

So any thoughts on where this leaves me? It's obviously put them off for now. Why have they returned the postal order? 

Any advice gratefully received, cheers

 

 

 

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not your problem

next move is not yours.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Hi,

I recently returned my second CCA form from DF and told them the debt is statute barred as the last time I deferred it was October 2014 and this was the last time I acknowledged the debt.

 

They've replied saying that the barring date only starts from when I defaulted on the loan - June 2016 - and so 6 years haven't passed.

 

Who is correct?

 

Also if I am right do I write back and assert this or do I employ the tactic of waiting until they actually threaten to do something rather than just try to scare me.

 

Cheers

 

i mean PAP not  CCA

 

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old and new threads merged..

 

send them our statute barred letter.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I did send them that letter and that's what they responded to.

 

I guess I could clarify my position by sending it again

 

 

But am I right in thinking the last deferment date is when you work from? 

Erudio themselves have confirmed that deferment date for me.

 

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as with this thread:

Erudio - Sent me my slc CCA - now Court Claim - Financial Legal Issues - Consumer Action Group

you are alone in getting these letters as drydens are desperate to fund their xmas staff drinks bill with free money from mugs.

going by this forum and others drydens have sent out letters to almost everyone they are in dispute with.

 

dont get had

yous is not the next move now.

 

dx 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi there, intrigued by this thread as I'm in a similar position. 

 

Around the time that my loan was sold to erudio

I had some severe health problems that have prevented me from working over the last five years.

 

I have never sent erudio any written correspondence as I was severely unwell. I had to get a social worker to help me contact them, as they had told me that I'd lost the right to have my loan written off at age 50.

 

My social worker asked if i could have the loan written off due to my disability but they refused on the basis that I couldn't prove I was disabled for life.

 

Since then I have only had account updates from them, no deferment forms have ever been sent.

 

Now I've received a letter from their solicitor delivered to the wrong address that my neighbour has passed to me, telling me I am about to receive a CCJ.

 

I just wondered how you have proceeded with them, did you manage to get them off your back?

 

I am upset at getting this letter just before Christmas. 

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please create your own topic by hitting create in the top red banner

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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