Erudio/Shoosmith PAPLOC By email - old Scottish SAAS Loan

[kints]

I received the following email from Shoosmiths regarding an old SLC loan that was sold to Erudio.

 

I applied for deferment every year until I turned 50 (at which point the debt should have been written off under the original t&c)

 

I used a modified version of the SLC form (changing SLC to Erudio & the deferment threshold).

 

Except for the last year when my objections to the original forms were (as far as I could see) removed and I felt I had no reasonable objection to their form any more.

 

They refused to process the applications based on the SLC form.

 

I am happy to go to court as I think I have a strong case.

 

I am in Scotland if that makes any difference.

 

How should I respond to the following email?

"Please find attached a copy of our client’s Letter Before Action.

We are keen to seek a payment proposal from you.

 

In order for our client to consider any offer to make repayments towards the outstanding debt owed, please find attached an Income & Expenditure Form for completion.

 

Please complete and return this form by 3 March 2021.. Alternatively, please contact us on 03700 868120 to complete this form over the telephone.
 
If we do not hear from you by the above date, we may be instructed by our client to take further action to recover the outstanding balance. This may include raising court action and obtaining decree against you.

 

A court Decree may affect your ability to obtain credit in the future and may result in further enforcement action being taken against you. This may result in us deducting sums from your earnings, taking steps to prevent you from selling any property you may own, and will involve you in further expense. No further notice may be given.

 

If you need to seek advice then you should do so as a matter of urgency. You may wish to contact a Solicitor or one or more of the organisations listed below who are able to provide independent advice.

[dx100uk]

urm... they shouldn't be sending a letter of claim by email.

neither should you ever be giving/conversing by that medium.

 

can you still access the SLC portal to see what state they think the loans are at please?

 

 

[kints]

I've never logged into the SLC portal and it's asking for letters from a secret answer that I know nothing about and seemingly no way to reset/recover it.

 

But realised that's maybe because it's SAAS that I got the loan from so I tried their website but it doesn't recognise and reference/account numbers I have as valid.

[dx100uk]

It was still admin'd by slc which is now erudio got sold it

 

you should be able to ring slc and get access reset

however whilst on the phone you could ask them what deferment info they hold and about the reached 50 bit.

i'm not on my server so cant check till tonight.

 

whatever you do though if they say go ring erudio etc..dont!!

 

 

[kints]

I've emailed SLC already about the secret answer, so I'll see how that goes.

 

The reached aged 50 bit comes from the loan being taken out in 1996 and the terms stating it would be wiped after 25 years after the first payment date or when you reach the age of 50.

[dx100uk]

can i just check you were resident in scotland when you had the bursary?

 

dx

[kints]

yes always lived in Scotland

 

[dx100uk]

Pretty sure you are correct

its not by royal mail either

they are well aware of you correct and current address?

so I'd ignore them.

 

Did you converse by email previously?? And or send your forms via email? Or royal mail?

[kints]

yes I have conversed over email and sent them forms both in email and by royal mail, firstly with erudio, then they sent it to capquest, then it went back to erudio and now with shoosmiths for a few years now.

 

And yes they are well aware of my correct and current address, I have only ever moved once since the loan and that was before Erudio and it was all plain sailing with Saas/slc.

Edited February 24, 2021 by kints

[dx100uk]

ok well next time never use email esp when entering into what seems like pointless letter tennis on your behalf.?when you had no real need to reply to them in any manner or form.

 

it only encourages them you are a mug and gives them a free way to intimidate and harass you by email.

 

get some kind of records from saas/slc on what they believe is your current status as they do still do the Adminmost of these loans .

 

 

 

[kints]

OK thanks.

 

Should I be saying something to Shoosmiths about not contacting me by email anymore?

[dx100uk]

no not yet 

we'll cut of that methods should it ever actually progress to court.

 

 

[kints]

OK great.

 

Thanks very much for the advice.

 

I'll let you know what happens.

[dx100uk]

just for ref when was the last email you sent to them ......2019 deferment?

 

 

dx

 

[kints]

No, they contacted me in April 2020 not long after covid had hit the UK, but before any government support was announced.

 

They knew I was self-employed so I responded how I thought it was disgusting that they were threatening people with legal action at a time when many people like me were loosing their income and struggling to pay basic bills and buy food. 

 

Looking back at it the only difference this time is the Letter Before Action, to ramp up the pressure to agree to payments, I assume.

[dx100uk]

5 hours ago, kints said:

yes I have conversed over email and sent them forms both in email and by royal mail, firstly with erudio, then they sent it to capquest, then it went back to erudio and now with shoosmiths for a few years now.

 

6 minutes ago, kints said:

No, they contacted me in April 2020

 

you are not being consistent here....

 

when did you last reply to any of them using email please

[kints]

OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.

 

I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.

 

They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.

 

After I responded with my covid comments they went quiet again.

 

And now they are back with another LBA and I haven't responded to that.

 

Hope that clears it up. 

Edited February 25, 2021 by kints

[dx100uk]

ok well that changes things alot.

you've accepted one before by email  and now they are doing it again ..

 

might have shot yourself in the foot until now

lets get some 1st aid done.

 

gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC  

redact them properly !! read our upload guide carefully

 

you may  think this is immaterial, but its not, esp important is their and your exact wording

[kints]

No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.

 

I look at redacting the emails tomorrow, got to get some sleep now.

 

Thanks

[dx100uk]

[kints]

OK, here's the emails

shoosmiths emails.pdf

[dx100uk]

Your client already settled one claim of an unfair contract before it reached the courts, and they know from previous correspondence that I am aware of that case. please expand upon this case you refer too.

 

You believe you had provided proof timeously to demonstrate your earnings were below the threshold, therefore a default notice should not have been issued on 15th October 2018 and the account should have been deferred. - have you a copy of the DN?

 

 

I believe I have complied with the requirements as set out in the relevant legislation to have had the loan deferred and subsequently written off upon my 50th birthday. - when did you reach 60yrs?

 

In relation to the above matter being “non-existent” or “not owed”, our client’s stance regarding these points remains as previously set out in their final response letter dated 2 September 2019, they will not be addressing these points again and you remain liable for the full balance outstanding. have you a copy please?

[kints]

I don’t have the details to hand, they’ll be on an old IDE hard disk from my old computer and I’ll need to buy an adapter to access those files.

 

But from memory, I think the case was around 2016 in an English county court. A lawyer was posting progress on a case he was working on, I can’t remember which forum, arguing that Erudios DAF forms breeched unfair contract law.

 

Erudio settled the matter out of court just before the case was heard when the lawyers client accepted an offer to backdate all his deferments and make changes to future DAF forms.

 

Very soon after all the posts relating to the case were removed from the forum, I suspect as part of the settlement deal with Erudio.

 

TBH I wasn’t sure at the time that I was going to be able to use this anyway, given that there was no ruling on the case to refer to.

 

I just wanted to make them aware that I knew they had granted deferment to somebody who hadn’t used their DAF.
 
I turned 50 in February 2018.
 
Strangely, I can’t find a copy of the default notice or their final response.

 

I say strangely because I have what I thought were all my Erudio letters in a file in date order.

 

I can only think therefore that they were sent by email and I did have a period were I had to switch email providers and email addresses because emails were being lost, and then when I switched the previous provider deleted everything.

 

I did manage to backup some of those emails before the previous provider deleted them, but again they

would be on my old IDE hard disk, so I don’t have access to them right now.

 

Sorry I know this isn’t much help.

 

How essential are these letters?

[dx100uk]

53 minutes ago, kints said:

I turned 50 in February 2018.

 

good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.

 

it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.

 

the case your refer to about the new forms is detailed in this form in many SLC erudio threads.

 

if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.

[kints]

OK got access to the SLC portal and there is absolutely nothing there for the 1996 loan that Shoosmiths are dealing with, only a subsequent loan I took out in 2002.

 

What does that mean, if anything?