Erudio/Drydens SLC Loan CCJ - Advice Please - Set a Side claim proceeding.

[owk]

Hi, 

 

I've finally got myself into this century!!

 

Please see attached Erudio Account details from SAR request. 

 

I am now working on SLC PDF

 

 

erudio sar .pdf

[dx100uk]

to be safe i've hidden the upload .......edit upload now sorted -dx 

to date i can see your pers info on pdf page 25?

 

sorry fat fingers page 13

and page 19,20

 

i would pers also remove file, tally UID cols from the last pages too

 

 

 

 

 

updated^^^^^

[owk]

Hello, 

 

I've been checking other threads, my last SLC deferral  period was 2011, and my last payment to SLC was feb 2014.

 

SLC then cancelled my DD to SLC on 4/03/2014. 

 

 Erudio/ ESL Limited then took a payment not authorised by me in March 2014 - .

 

March 2014 was paid to ESL limited through, without my consent  & 1 payment in April 2014 not paid by bank. 

 

I contacted my bank at the time and they had not heard anything like that happening before and advised to cancel until I could find out what was happening. 

 

I moved to  my new  address  on 13/06/2013  and I believe this new address  was not updated by SLC correctly-  although there is a note on their Personal Details Changes SLC SAR   update page of me contacting SLC 2/3 weeks after my house move  SLC on 09/07/2013.

My old house telephone number was removed, mobile mobile number left yet no new home address was inputted at that time.

 

I can only assume whoever took the call - did not update my new address.  on 09/07/13

 

As a direct consequence of this I received no letters, communication from SLC about the sale of the loans to Erudio. 

 

I did not receive an Erudio Notice of assignment supposedly sent 22/11/2013 by Erudio ( from Erudio SAR)  this was sent out by Erudio 5 months after I had moved home.

 

SLC  already had my correct mobile number on file.

 

I surely would have been ringing them on 09/07/2013  to let them know of my house move, as all of my previous addresses had been included in the SAR from SLC. 

 

I also have still have email evidence from SLC regarding my 2012 deferment and 2013 deferment, ( I was on maternity leave Oct 12 - July 2013, and to be honest was unsure as to the progress of this at the time.

 

This was not processed for some reason by SLC. in December 2012. In this month I gave birth to my first child - so I was somewhat distracted as you can imagine.  I remember my husband scanned the forms on my behalf and sent them to SLC in December 2012. 

 

I was confused that payments were taken, but then presumed the deferral would begin sometime later in 2013. 

 

I then got back in touch with SLC in 2014 and set up payments for the Honours Student Loans via SLC  thinking this was still the SLC - as a dd was coming out for this roughly the same amount as before.

 

I believed the whole  matter was taken care of. 

I thought the two SLC, Honours and SLC  companies were one in the same thing... I had never received separate correspondence previously. All loans were listed jointly on the paperwork. 

 

Some time later I paid off my loans to a  DCA company - and cleared the balance over the phone - and I thought it was closed. I assumed that the DCA's were all in competion with each other, and as I was paying a student loan company monthly I was up to date. Hence I did not update my address when I then moved in Dec 2017. 

 

My N244 Hearing is set for 31.03.2021, I have followed your advice and I have used  Check My File - my current address from 2018 is on my file (Electoral Roll information source.)  The CCJ was sent to my old address I moved from in Dec 17. 

 

Erudio and SLC have had my correct email throughout and I would have responded to this serious matter, had I have known about it previously I would have acted.. 

Drydens, SLC and Erudio have all emailed me  on this same email address- since I have found out about this CCJ in November 2020. 

 

My main concern is the CCJ on my file - but I am also worried about being awarded costs, should I approach Erudio to settle this matter or await the hearing? 

 

 

Many thanks 

 

 

 

 

 

 

[dx100uk]

all makes no odds the debt was statute barred before the issuance of the claimform.

why you want to settle a ccj that should never have been gained is beyond me.

 

 

[owk]

Hi Dx100uk, 

 

Thanks for your response.

 

I'm not sure as to why it is SB though? 

 

If my last payment to SLC  (not Erudio) was Feb 2014 - and the CCJ was July 19?

 

Many thanks 

 

[dx100uk]

was it not confirmed that that payment was reversed sorry?

[owk]

Hello, 

 

No Feb 2014 - payment to SLC 

 

SLC - cancelled my DD March 1st 2014 

 

March 2014 Esl Limited - I contacted my bank etc... as it came out on a random date at the end of the month... bank had no info. 

 

I had never received any handover info or paperwork as went to an old address - I had moved to this address June 13 - spoke to SLC and I do not believe my address was updated by SLC - although there is a record of me on SLC SAR contacting them in July 13 re my contact details, hence no paperwork.about the selling of loans. 

 

[dx100uk]

forget the issues with addresses that's immaterial some what..

 

are these supposed payments to slc showing in the SAR from erudio?

and im not sure who ELC are never heard of them ever to do a student loan debt.

 

so cross reference between 

SLC statements

bank statements

erudio statements 

 

that everything matches.

[owk]

Hi there, 

 

I'm getting really nervous now as N244 Set Aside nearly upon me - its scheduled for March 2021.  My judgement date was July 2019, the judgement was sent to an address I have moved from in Dec 17. My new address is on electoral role, I have checked this with Check My File. 

 

Ref your previous post ELC  must have been a typo for SLC or Erudio Student Loans .... SLC. 

 

1) I've followed your advice and checked Erudio SAR - against SLC. I believe Erudio SAR is incorrect re April payment 14.   -

I have the evidence on my bank statements. 

The March 14  payment was a DD taken without my knowledge. I tried at the time to reverse the payment with the bank - but they must have advised me to contact Erudio. No mention of any of this on Erudio SAR. There is info about suppressing a DAF March/April  - this area all looks quite shady - figures have been set to 0000000. 

 

2) SLC company DSAR - there is a note in November 2020 - I contacted SLC to request DSAR from them, Erudio must have contacted SLC in the same week to request a "spreadsheet" from SLC.....

 

Can I now request this spreadsheet from SLC ? SLC never sent this to me in their DSAR I have received from them. 

 

I was not in arrears with SLC when my account was picked up by Erudio after sale.   

 

In Erudio SAR there is a Notice of Termination but notice Notice of Default - is this significant? 

 

Erudio have listed some historic default sums in one letter of £2.00, £3.00 ish to SLC dating from 2008, that I was never made aware of.. can they use this?? 

 

Many thanks 

 

 

[dx100uk]

36 minutes ago, owk said:

I believe Erudio SAR is incorrect re April payment 14.   -

I have the evidence on my bank statements. 

The March 14  payment was a DD taken without my knowledge.

 

so know how to cover your backside on that one if they bring it up.

erudio had no authority to take it... the fact they did is irrellevent and why none either side in date? phantom payment to circumvent statute barring.

 

37 minutes ago, owk said:

I have moved from in Dec 17. My new address is on electoral role, I have checked this with Check My File. 

 

thats immaterial as ive said numerous times. you must inform your creditors of a change of address.

 

 

[owk]

Thanks for your response - much appreciated. 

 

I do have SLC payments monthly between July 13 and Feb 14, does this mean it is not statute barred? 

 

The date of judgement is 8/07/2019. 

 

Many thanks 

 

 

[dx100uk]

On 19/01/2021 at 15:44, owk said:

The only payment I can see to ever to Erudio was end of March 2014, under ESL limited.. which was taken without my knowledge using SLC  DD details. 

 

On 19/01/2021 at 15:44, owk said:

I can see further payments.

 

I think I can see payments following on from that - I continued to pay what I thought was SLC company until 2015.

 

seems to run with the above

 

the only thing i can think of as a poss defence/is it really sb'd ...is how can a DD setup for SLC be changed to Erudio without your consent/new DD mandate.

 

so there were payments going directly to SLC before it transferred/sold to Erudio (ESL) 

what was the last date of a payment to SLC themselves (and do then the payments show in the erudio SAR return)

sorry too busy too check back at your uploads

 

dx

 

 

[owk]

Hi - no worries at all! 

 

I am dithering.. so thank you for your response. I now know.... 

 

Last deferral according to SLC was 2011. It should have been Dec 12-Dec13 - but my deferral due to imminent maternity leave was not processed correctly, having applied for deferral in the Oct 12 - was rejected the three payments up to that point were still above the threshold. 

 

I have an email and it is on SLC,  SAR they were accepting of my deferral status from Dec 13 - but SLC continued to take DD. SLC do make admin errors!!!!!!!!!

 

My first loan 1997 - was sold to Honours S L

1998 - Erudio

1999 Erudio 

2000 Erudio

 

Last payment to SLC Feb 2014. ESL then attempted to take a d/d in March 14 and then April 14. ( The payments were unpaid and reversed - but Erudio SAR does not show this.)They are still showing as payments taken..I have the bank statements.

 

I had no idea at the time who ESL were. 

 

13/06/2013 - moved house ( I know you feel this is irrelevant - but the impact of SLC not updating my record correctly on this day led me to be completely in the dark and very concerned mistrustful of the whole situation in March 14.) 

 

09/07/13 - note on SLC DSR of me calling SLC &  updating my new contact details, new name change due to marriage. My new address was not recorded by SLC which I believe must have been an admin error on their part. 

 

Although it was clear I had as someone had removed my previous home number on that  very date!!! 

 

22/11/2013 N.O.A sent out by Erudio - my new surname spelt incorrectly & to my old address (up to 13/06/13. - and all correspondence  throughout has incorrectly spelt my new surname.) 

 

March 14 - time - still having no paperwork from Erudio a D/D taken from my account without any notice whatsoever, called bank who at the time told me this couldn't happen and must be a scam. 

 

I must have googled to see what was happening and got a number for Erudio, but though they were the just same as other debt collectors etc.. if the odd payment doesn't go through then reverts back to student loan. I was very nervous of credit files etc.. as had just gone through the mortgage process - so when I eventually got some paperwork through from Erudio my name was spelt incorrectly - I had previously advised SLC of this so again I just thought it was a scam DCA. 

 

A couple of months later in 2014  I must have re -instated direct debit with Student Loans company - not sure why that was ever cancelled and continued to pay - until I was offered a final settlement figure. (btw I now know this was indeed Honours and separate to Erudio.)

 

I have the bank statements to confirm - I also can see a spreadsheet has been sent to Erudio from SLC when I requested the SAR from SLC. SLC have not sent me this spreadsheet, but have allowed Erudio to send it to me. Going back through previous bank statements, this spreadsheet from SLC  via Erudio does not appear to be correct - Am I within my rights to request this from SLC? If this is what Erudio will use as their evidence? Erudio payments taken from me  appear to be null and void? 

 

 

 

[dx100uk]

On 14/01/2021 at 16:04, owk said:

a letter out of the blue from Dryden Fairfax - advising there is a warrant of control order to my address for a CCJ issued to my old address in July 2019. 

 

1 hour ago, owk said:

Last payment to SLC Feb 2014.

 

1 hour ago, owk said:

SLC 

SAR they were accepting of my deferral status from Dec 13 - but SLC continued to take DD. SLC do make admin errors!!!!!!!!!

 

last deferral from you was dec 13,

court claim issued june 2019,

judgement CCJ July 2019

 

claim was issued within 6yrs from dec 2013, debt is not SB'd set aside will fail.

 

if SLC hadn't accepted your above dec 13 deferral (debt acknowledged by you) it would be dec 11 last deferment so would be SB'd.

the payments till feb 2014 are immaterial as the dec 13 deferment negates their need.

 

dx

[owk]

ok so my mistake I meant Dec 12 - only my maternity letter from my employer is there and the SAR and SLC say it will be kept on file ( i assumed a deferral  - but no deferment happens and I do not chase. 

Dec 11 is my last deferment - 

[dx100uk]

1 hour ago, owk said:

Last deferral according to SLC was 2011. It should have been Dec 12-Dec13 - but my deferral due to imminent maternity leave was not processed correctly, having applied for deferral in the Oct 12 - was rejected the three payments up to that point were still above the threshold. 

 

14 minutes ago, owk said:

only my maternity letter from my employer is there and the SAR and SLC say it will be kept on file ( i assumed a deferral  - but no deferment happens and I do not chase. 

Dec 11 is my last deferment - 

 

you now need to firm up and prove your theory that SLC stating payments up until Feb 2014 should not have been taken was an admin error??.??

 

but there was by then no valid deferment in place as the last one ran out dec 12 so SLC were entitled to take payments but you were not earning above the threshold? you say?

 

and from dec 12 SLC have not defaulted/terminated you....

could still be the payments then were valid and thus SB runs from feb 2014 so the CCJ was within 6yrs...

 

1 hour ago, owk said:

Last payment to SLC Feb 2014.

 

[owk]

My husband posted it/ scanned it from work Dec 13- I will see if there is anyway they can check the post and scanner details.

 

The actual & the HR  letter from my employer giving all of my maternity leave dates and information is there on my SAR?? Along with my October deferral form.  

 

I may not be able to prove it was sent.. my emails to chase up my husband will be on my old work phone.

I gave birth on 03/12/12 - hence he would have done it on my behalf. 

 

Sorry I mean Dec 12 he would have posted it 

[owk]

Hello, 

 

I have the N244 hearing next week, I have additional evidence to send in and can’t get through on the phone to the court. 

 

Dryden sent me a pack of evidence yesterday, which I need to go through. 

 

I have sent sent a complaint in to SLC - should I include that? 

 

I think my S loan should be statute barred - as the payments SLC took after my Dec 12 deferment look to be in error. 

 

Should I present all of my case/ evidence  next week? 

 

Many thanks 

[dx100uk]

what additional evidence?

surely this is only backing up what you have already claimed on you N244 to be the case and the reason for the set aside

[owk]

Evidence 

A copy of my open Jan 2021 complaint to SLC regarding my deferral for 13-14 which SLC had on file in SAR  - and it was also in Erudio SAR. 

 

A “we are sorry you have  a complaint” letter sent to me last week from Erudio. I have only raised a complaint directly with SLC - what data are they sharing? Are they trying to get me to acknowledge the debt in writing? 

 

Bank statements - to show Erudio took payments without my consent in 2014. 

 

All Erudio paperwork is blank - they have had nothing from me DAFs or DD forms. 

 

Erudio SAR saying suppress any DAF request  in 2014 & 2015. 

 

Student Loans Company at the time of transition said speak to Erudio, we can’t help you. 

 

Although a couple of months later, I was passed to Honours S L thinking it was SLC and eventually paid this off in total. 

 

I’ve found Department of BIS government letters inSept 2014 saying joint loan holders paperwork could be processed by SLC. 

 

I was not in arrears with SLC when loans sold, I should have been deferred. 

 

A lot lot of letters from  Erudio SAR saying account in Remediation and sorry letters etc.. 

 

No copies of  letters from Erudio ( in SAR) to my current address 2014,2015.

 

I believe these letters were all non compliant. 

 

SLC did not update my address correctly in July 2013 (on SAR) - which let to all the N.O.A being sent to old address & spelt my married name incorrectly on paperwork but correctly on their DD.

 

No default notice whatsoever, just a demand in Full in 2016.Nothing on my credit file. 

 

Drydens are quoting costs of £1000 for next week. 

 

 

 

 

 

[dx100uk]

havng just looked at what you put in your N244 before you came here, you've basically portrayed a story that you paid, but since then you've discovered this was to Link on an old HSL loan, not part of the Erudio picture and the CCJ you thus got.

 

i think you need to urgently update your reasons for the set aside and clarify because you now have the results of all the SAR's which are mentioned in your N244, ....that in 2014 SLC took payments in error (that they admit too) and that as your last deferment was dec 20xx, the claim was issued outside of 6yrs so the debt was already SB'd at time of issue.

 

if you win the set aside, then things are reset as to if you've only just received the original claimform.

the judge or erudio might just drop it there and then i'e you won or there might be a later rehearing concerning the original claim.

thats when all the above will come into play.

[owk]

Thanks, I will get it amended. Should I chase SLC for a response before next week? 

[dx100uk]

you will need proof the slc agree they took the payments in error, thus resetting the SB clock.

i thought you had that in the SAR?

where did this admittance of the error come from then?

 

[owk]

Yes SLC had my old company HR letter in SAR and I’ve also got the emails from them saying it would be kept on file and processed when the baby was born. Erudio also has this as a copy. 

 

I rang SLC last week again to see why it didn’t ever happen. 

 

The failure on theor part to update my address - even though you can clearly see on my SAR that I called them led to me not ever receiving the N.o.a - hence the confusion with Erudio / Honours in 2014

[dx100uk]

but where does that state they should not have taken the payments so thus it was their error.......