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    • now read my post again carefully.. dx  
    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
    • Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps. BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one.  It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.
    • As Dave has already said there are Consideration periods and Grace periods to be taken into account when private parking is involved. Before looking at that the first thing is to check whether your PCN complies with the Protection of Freedoms Act 2012 Schedule 4 which regulates the private parking rogues. They were very good at twice quoting from the Act but they missed Section 9[2][e] (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; They didn't do that so they have not complied with the Act which means they cannot pursue you as the keeper only as the driver which they said themselves when quoting Section 9 [2][f] . In addition they are supposed to quote the period of parking but instead given the times of arrival and departure of your vegicle which is not the same thing.Obviously their times  include the driving times to the parking place plus later from the parking place to the exit. So removing those times from your 15 minute overtime and that doesn't include extra minutes when your car was held up by stopping for pedestrians or other cars passing in front of you as well as returning the shopping trolley and possibly  queueing to get out of the car park. And that doesn't include children and or disabled people causing greater differences betwen their times and the actual parking period which is what is specified in the Act. It is perfectly possible that as much as fifteen minutes longer  could be taken in a larger busy car park compared to their spurious ANPR times. You may have noticed sating well done to you in his post. that was for two reasons. The first for giving us all the necessary details surrounding the alleged breach. the second well done was for not appealing a possibly giving away who was driving. As you the keeper is not responsible now for paying the PCN and Highview do not know who was driving they will have difficulty if the take you to Court since Courts do not accept that the keeper and the driver are the same person which is quite right considering that quite often family members often drive as opposed to the keeper as can loads of other people drive your  who have valid insurance motor policies. So don't worry even if you have to go to Court as the odds are in your favour and that's before we see the contract and Witness Statement which often give more ammunition against them.
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Erudio/dryden claimform stayed - old SLC loan - Now N244 for SJ


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 Which Court have you received the claim from ? County Court Business Centre, Northampton N1

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant ? Erudio Studen Loans Limited

 

Date of issue –  15 March 2022

 

Date  to acknowledge - 1/4

 

date to submit defence -  15/4

 

 

Particulars of Claim

 

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

 

1.  The Claimant claims £6000 for monies due from the Defendant.

 

2.  The debt was pursuant to a regulated agreement(s) between the Defendant and the Student Loan's Company Limited.  Each agreement has an individual account 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 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 22/11/2013, with a notice provided to the Defendant.  A new master reference number 63************** 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? £5999.52
 

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

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? NA

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No
 

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 ? NA

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

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 issued 
 

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? Not that I can recall
 

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? No payments made ever
 

What was the date of your last payment? NA
 

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

 

 

Hello all,

 

I have been following this forum with regards to this issue with Erudio.  Previously, I took from the forum to simply ignore any correspondence from any debt collection agencies, now, not sure I did the right thing in my scenario.  

 

I have spent many hours searching the forum for cases relatable to mine but haven't successfully found the information I am looking for.  All the cases regarding Drysden and Erudio are for loans which are SB which I don't think applies to me.

 

To give a bit of background:  I took out student loans with SLC in 1998 and 1999.  I have been deferring since but have missed many months of deferment over that time which made me go into arrears, however, I was successfully deferring until January 2020.

 

I sent off a deferment form in January 2020 as I have been doing previous years, however, Erudio said that they did not receive. 

 

I received correspondence to say that I defaulted on 31/01/2020, my deferment ended 27/01/2020.

 

I then received a letter on 29/02/2020 to say that they have terminated my account.

 

I then contacted Erudio on 16/03/2020 by email and phone explaining I has sent my form for deferment and why had the account been terminated so quickly after my deferment ended.  They said it was too late to do anything as the account had been terminated on the phone.  I requested an answer by email too which they didn't respond to.

 

I didn't hear back from them and only received a letter from Capquest who I thought was a debt collection agency so ignored.  Then resolve call who I also ignored, they Drysden who I also ignored.

 

Now I have received the claims form and really do not want a CCJ on my name especially as I have just now started sorting out my life.  I have always deferred and never been earned over the threshold.

 

Is there any way I can defend this claim successfully?  I am not in a position to clear the debt.

 

I hope I have adhered to the forum rules and have provided the information as required.

 

Claim Form Dyrden.pdf

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


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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  • dx100uk changed the title to Erudio/dryden claimform - old SLC loan.

when was your deferment due? how late were you?

have you deferred for 2021 and 2022 or ignored everything (including the letter of claim...OPPSS!!) since 2020 ......

 

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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Hello DX, I have’t deferred since Jan 2020 as they wouldn’t allow me.  And yes I have ignored everything including the letter of claim,  I wish I had spent the time on this forum which I have done over the last few days, weeks ago!

 

I am shocked as to how quickly they terminated after not receiving my deferment form, and was hoping I had a defence with something relating to this

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you might well have

 

there are 10's of cases here identical to yours.

 

like..

 

Drydens/Erudio claimform - old slc loan - Page 3 - Financial Legal Issues - Consumer Action Group

 

also use our enhanced google search box.

 

drydens claimform SLC.

 

 

 

 

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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dont miss your defence filing date 15/4 no matter what.

 

i will guess this was a series of loans?

 

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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Share on other sites

they cant really do that... add arrears charges, they've been told off numerous times by the FOS for these unlawful penalties and have been told to remove them and remove the invalid defaults too, just because they didn't receive a deferment in time even though people were under the threshold etc etc.

 

have you still got the emails and proof of deferment sent off?

you really should never ever ring a fleecing DCA!! 

they are not bailiffs and have zero legal powers, which is why they can only do what we can do and thats raise a speculative court claim on a debt.

 

 

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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Share on other sites

I have always been under the threshold.  Admittedly in the past I have missed deferment dates but always eventually got a deferment.  The months in between the deferment was when they have applied the arrears.

 

The only proof I have of the deferment form in January 2020 (the one they saying they didn't receive) being sent, is a photocopy of the original form I made before sending.  I did not use email for any deferments.

 

I am learning now what you mean about these DCA's, they pretend to be something they are not and ordinary people get scared and accept whatever they say.

 

I have managed to read bit more on cases which do not rely on SB.  Interesting reading and growing more and more confident that I am going to fight this all the way.

 

I'll carry on.......

 

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:yo:

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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  • 3 weeks later...

Hello NickyPea, I am still waiting for them to get back to me with my requests for the CCA and CPR.

 

Most of the things I’ve read have based their defence on the debt being statute barred, which will not apply to me so I’m hoping to find something in the paper work to file a defence.

 

Would anyone know, what happens if they don’t respond in time? 

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13 hours ago, Nickypea said:

Hi I am just wondering how you got on with this because I’m in e a fly the same situation with erudio 

please create your own topic by hitting create  or + 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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Share on other sites

Ive just had a letter from Drydens stating that they have received my request and are waiting for their client to provide and as a result they agree too a further extension of 28 days to file defence.

 

Do I need to inform the courts or will they?

 

Is it possible they might try and pull a fast one and not inform the courts?

 

 

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Have not read one other erudio claim form thread exercising your self help?

 

Ignore

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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Share on other sites

And why do you think you need to do anything else?

 

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'm with you.  Read a few threads, where they have been waiting for this paperwork for ages and eventually the claim being SB.

 

Let's hope they don't find the relevant paperwork!

 

Thanks DX

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if the debt was not already SB'd then sadly it can't 'become' SB'd as the issuance of the claimform halts the clock ticking.

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 months later...

So I have heard back from Dryden Fairfax with regards to my CPR 31.14 request.

 

They have sent me the following documents:

 

1:  Student Loans Company statement's covering 17 Feb 1999 to 1 March 2014.

2:  Notice of Assignment dated 4 April 2014 from Erudio including a FAQ and direct debit mandate

3:  Letter from Student Loans company explaining the sale of the account dated 4 April 2014

4:  Print out of transactions from Erudio covering period 28 March 2014 to 14 March 2022

 

Their letter states they will hold file for 28 days in order for me to file a defence in accordance with CPR 15.5, failing which they will approach court to lift the stay and enter judgement against me.

 

I have not heard anything back from Erudio regarding my SARS request...... or do the documents already provided, cover this?

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Did you file a defence then? And what was it?

 

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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Only just received, I haven't filed a defence.

 

Have Erudio met their obligations with providing me all the paperwork they are required to do so?  I have not received a credit agreement between us.

 

 

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your defence was due 15/04.

 

what is the status of the claim on mcol website?

 

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... 

Link to post
Share on other sites

I received a letter from Drydens on 1st April 2022 stating they agreed to a further 28 day extension whilst they liase with their client for the relevant paperwork.

 

I now have received what I outlined in my earlier post.  The letter mentions they will hold file for 28 days before they approach the court to lift the stay.

 

There doesn't seem to be much information on the MCOL website, it merely states that claim was raised and acknowledgment received.

 

I suppose I need to start working on my defence now.  I am hoping to base my defence on the fact that Erudio didn't accept my last deferment and terminated so soon after my deferment was not accepted. 


 

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