Erudio/Drydens 2nd PAPLOC Now Claimform- old SLC Loans never deferred to Erudio - i've said SB'd -

[lowborn]

 

 

Name of the Claimant ? Erudio student loans limited

 

Date of issue – 02 JULY 2021

 

Particulars of Claim

 

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

1. The claimant demands £5,010.07 for monies due 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 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. The debt was assigned to the claimant on the 22nd of 11th of 2013, with a notice provided to the defendant. A new master reference number ..... 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? 5010.07
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes two
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO
 

Did you inform the claimant of your change of address? N/A

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

When did you enter into the original agreement before or after April 2007 BEFORE
 

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...) ? DON'T BELIEVE SO
 

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 - i think? erudio bought debt from SLC
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES
 

Did you receive a Default Notice from the original creditor? I don't believe so - only from erudio
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes
 

Why did you cease payments? Never repaid any part of the debt - have deferred each year until 2016
 

What was the date of your last payment? last deferred oct 16
 

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? No

 

 

[dx100uk]

17 minutes ago, lowborn said:

Why did you cease payments? Never repaid any part of the debt - have deferred each year until 2016
 

What was the date of your last payment? last deferred oct 16

 

but in your thread you repeatedly say 2014...

 

so when did you last send a deferment form and to whom..erudio or SLC?

[lowborn]

Aaargh - apologies - I last sent a deferment form to Erudio in October 2015 - I don't know why I've said 2014 in the thread and as I write this I realise I don't have a leg to stand on...... That would mean it wasn't SB'd until october this year right? Jesus. 

 

TBH I've mainly been working on the assumption that by using delaying tactics they would give up and they were just looking for the backdoor CCJ route rather than actually taking me to court. 

I wasnt relying on it being SB'd as my defence

 

 

RIGHT!

I'm getting tied up in knots here. 

My last successful deferment was OCTOBER 2014

 

They then rejected my deferment form that I sent in dated 29/9/15 as they said it didn't have sufficient evidence of my wages etc. That is where the trouble started. So I did complete the form but it didn't have the correct evidence with it. I have a copy of the completed form.

 

 

[dx100uk]

So they are sb'd as you sent the form oct 2014?

 

easy dealt with.

 

dont do anything!!! For now

 

i'll pop in later

plenty of erudio sb claImform threads to read...

 

Dx

[lowborn]

for clarity - last successful deferment  was October 2014 so I would have sent a form in at that point.

 

The form I sent on 29 october 2015 was the one that they said didn't have sufficient evidence and as I failed to provide any they eventually said I defaulted and began proceedings.

 

Thanks agin

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 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

 

there is no need to wait fill this defence too.

 

 

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..

[lowborn]

Brilliant, thanks, I've registered and looked through it all but not sent it off yet.

 

My question is if they deny it's SB'd and the court agrees what happens next? Do i lose any rights to be able to pay it back in instalments? Does attempting to defend it negatively effect me in any way?

 

Thanks

[dx100uk]

sorry but you need to READ and absorb a few of the threads here already as advised to stop you asking such questions and answer others that will come up...

you NEED to get upto speed...

 

we've not seen erudio win yet, they usually let the cases of SB get stayed then write months even years later waving their arms about going for a set aside, if you've thus moved , they win...

 

 

[AndyOrch]

6 hours ago, lowborn said:

Brilliant, thanks, I've registered and looked through it all but not sent it off yet.

 

My question is if they deny it's SB'd and the court agrees what happens next? They get judgment you get a CCJ

Do i lose any rights to be able to pay it back in instalments? No you can apply to vary the judgment if the judgment claimant has not already requested monthly payment

Does attempting to defend it negatively effect me in any way? Not really if you hadn't defended the claim you would have got a CCJ by default.

 

Thanks

 

 

Andy

 

 

 

.

[lowborn]

UPDATE

 

So I filed my defence as you suggested and that's all been acknowledged by the court. 

 

I have just received a letter from Drydens 'further to the defence you have filed'.

 

Obviously they are leaning on me to pay it off asap - by august 5th in fact - or send back forms to agree to pay it back in instalments via a Tomlin order.

 

They claim that the loan is not SB'd "As your last deferment period ended on 19th October 2015, the limitation period was reset. As such the limitation defence which you have filed is therefore without merit."

 

I have no intention of buckling at this point so I guess I'll see what happens next. Will they progress the legal action? 

[dx100uk]

utter tosh

the SB date runs from the sent date on your last deferment form to SLC not when the 1yrs period ends.

 

 

[lowborn]

That was my assumption. Nice to see them clutching at straws

[dx100uk]

open 

[lowborn]

Just wanted to report that I’ve heard nothing further about this which is kind of nice. 

I guess they are going to try the set aside route.

[dx100uk]

doubt it . it does not run from the end of the deferment period and they know it.

that is not the cause of the action, the dated letter is.

[dx100uk]

open

 

[lowborn]

update - just had another letter from drydens fairfax having heard nothing at all since July 2021.

The line is much the same, please pay up, we're offering a Tomlin order to help you pay us back. etc

 

The only difference is this time it says if they don't hear back from me then they will -

"apply to the court to lift the stay on the proceedings in order to progress legal action against you without further notice"

 

So do i just write to them yet again saying it's SB'd? I know ignoring isn't usually a good policy but it's just going round in circles now. 

 

I do have it in writing from them that they believe that the debt is SB'd as of july this year so at least when that point comes I can fire that back at them.

 

Cheers

 

[dx100uk]

says WILL, you sure....

typically doesnt 

 

dx

 

[lowborn]

"in the event we do not hear from you, we will have no alternative but to apply to the court to lift the stay on the proceedings in order to progress legal action against you without further notice"

[dx100uk]

and?

ready it properly.

 

there is a but in there

they do have an alternative, do nothing.

 

and it will cost them £275 to lift the stay.

and as the debt is SB'd with no evidence to prove otherwise

they ain't doing that in any hurry.

 

std threat-o-gram in most stayed erudio/drydens court claimform threads already here.

 

dx

 

[lowborn]

Roll on july

[dx100uk]

why?

 

dx

[lowborn]

because I will enjoy sending them a copy of their own letter stating that it will be SB'd in july 2022.

 

Just for the personal satisfaction. I realise they are already in the wrong

[dx100uk]

eh?

the issuance of a court claimform stops the SB clock

 

dx

 

[lowborn]

just to update  - They've emailed me this time with the same letter. Don't think they've emailed me before.

Funny that it uses the same wording saying they "will lift the stay without further notice" -

er, you said that last time 

My question this time is,

when will they actually give up?

It's costing them more and more hassling me.

Maybe that's why they've switched to emailing, save a bit of cash.