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Erudio/Drydens claimform - old SLC Loans . ***Claim Dismissed***


RC710
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Hello

I took out 4 student loans between 1997 and 2000. They have since been sold to Erudio to manage.  I have never paid anything back, deferred every year due to working part time, earning under the threshold. 

My current deferment is due to end in a few days.  

I have, since Feb 2020 been doing additional hours to cover maternity leave.

I have a letter from my employer stating that these additional hours cease at the end of Nov 2020.  

So between June 2020 and Nov I will earn over the monthly threshold figure, but below the annual figure from June to June 2021.  

I called Erudio to discuss this, and was told that had I just sent my P.60 for the last financial tax year, I would have been able to defer, but my phone call counted as a “disclosure”.

I did understand that doing the increased hours would put me over the monthly figure but Erudio also said they go on an annual figure and my husband is about to lose his job, and hence me double checking if there is anything I can do to challenge this? 

I’d appreciate anyone’s thoughts or experience.

RC

 

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Never speak to these people over the phone they will say any old rubbish. All communication should be in writing.

I would send a letter along the lines of.

Dear XYZ

I an unable to make any payments because my spouse has just  lost his job due to the Covid 19 pandemic. This means our income has dropped X% and Our family finances are in crisis. Therefore I will be unable to make any payments for the foreseeable future. 

Kind Regards

RC

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I have moved you thread to the slc forum.

have a read of a good few erudio threads here.

as said above, never ever ring these fleecers

they are a DCA and absolutely zero legal powers to do anything.

pers i'd use the SLC original deferment forum you'll find here

https://www.consumeractiongroup.co.uk/forum/257-student-loansslc/

if you've given erudio DD details in the past

i'd tell your bank to block them.

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 years later...

Hello. I wonder if anyone can offer some advice?

I took out 4 student loans between 1997 and 2000. They were sold to Erudio to manage in 2013 I believe.  

I have never paid anything back and deferred every year prior to April 2020 due to working part time, earning under the threshold. 
 

In Feb 2020 I took on additional hours at work on a temporary basis to cover maternity leave. 

I called Erudio to discuss this temporary arrangement and my phone call counted as a “disclosure”. 

I subsequently defaulted because my husband had lost his job due to COVID and I could not make the repayments.

I have made no further contact with Erudio since this call in around April 2020. 

I have since remained working full time, earning above the threshold but our financial situation has not improved. 

Erudio have since used Resolvecall to try to recover the money from me.

Once they called at my house but, thankfully, I was not in. 

They are now using Drydens and I have received a County Court Claim form for the full amount outstanding, plus court fees and legal representative's costs. 

Under particulars of claim I notice that the agreement numbers are missing. 

I have not checked that Erudio/Drydens have signed copies of the original agreements. 

Could they be bluffing? 

If they have them, am I liable for the full amount?

I have been through the County Court claim process years ago in relation to a matter for my husband. 

I will need to refresh my memory but would be grateful for some support from CAG

Thank you

RC710

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please complete this:

 

 

what a shame you thought you had to pay and got scammed into doing it.

 

do the above and we'll get you moving.

 

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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Which Court have you received the claim from ? County Court Business Centre, Northampton, NN1

 Name of the Claimant ? Erudio Student Loans Ltd

 Date of issue –  26/10/22

 Date to acknowledge by: 11/11/22

Date to submit defence by: 25/11/22

 

Particulars of Claim

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

 1.     The Claimant claims £12,440 for monies due from 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 as follows: (Note: No account numbers given)

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 22/11/13, with a notice provided to the Defendant. A new master reference number (16 numbers) 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? £12440.53
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes, letter dated 16/8/22
 

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 I assume.
 

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. Erudio

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I would have done, although I do not have a copy.

 Did you receive a Default Notice from the original creditor? Yes
 

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? 

I have never made any payments.

I had always deferred.

Following one phone call in around April 2020, I explained I could not make the full repayment that would now be requested (over £200 per month) because I was working full time temporarily and I was told they would set up a plan to take half payments and I would accrue arrears for the rest.

I was warned I could not accrue more than 4 months of arrears or I would “lose contractual rights”, including age related write off. I think this would then have taken me to the next deferment window.

They talked about if my deferment was accepted, the arrears would be “rolled back”.  My garbled notes I wrote down indicate I didn’t really understand what was being offered.   

Although this payment was set up, I cancelled it before any payment was made. I blocked payments from my bank.
 

What was the date of your last payment? N/A – I have never made a repayment.
 

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? As above.
 

 I will now get on with the other actions advised, the CAA request and the CPR 31:14.     

 Is Erudio no different to a debt collection agency/debt purchaser?

I understand I need to be clear about this as the wording for my CAA request would differ. 

 I'd be grateful for clarification. 

Thank you. 

Thank you dx100uk

I haven't got access to a scanner tonight to scan the claim form. I'll find a way to do that tomorrow. 

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please note corrected dates for AOS and more importantly Defence filing date ((courts are closed at W/Ends)

 

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
.do not ever use or give an email
.
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]

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


great news you made no payments.

 

if you wish, scan up all your garbled notes too!! i will understand then...

i know these loans/erudio inside out.

and dont forget a DCA will ALWAYS LIE on the phone to scam money out of you...they almost succeeded.. :pound:

 

there are 100's of erudio claimform threads here, use our enhanced google searchbox

get yourself upto speed .

 

the more you read the stronger we become.

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/Drydens claimform - old SLC Loans
  • 3 weeks later...

Hello, 

Following on, I have not received anything from Erudio in respect of my S.77 CCA request, but I have had a response from Drydens in respect of my CPR 31.14 request. 

Drydens state simply that they "confirm that we have requested the documents mentioned in your letter and our account will be placed on hold in the meantime". 

If I have understood, this means little, and this does not stop the clock ticking on their claim and when I have to submit my response on MCOL by. 

Given this response, or rather lack of it, my defence at this stage will simply rely on Eruido/Dydens being able to prove that the debt is mine and it is enforceable?  No need to be going into not earning above the threshold, deferring for many years?

In terms of my current defence, please see below:

Particulars of Claim

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

 1.     The Claimant claims £12,440 for monies due from 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 as follows: (Note: No account numbers given)

 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 22/11/13, with a notice provided to the Defendant. A new master reference number (16 numbers) was also applied upon assignment.

 5.     The Claimant has complied with the Pre-Action Protocol for Debt Claims.

 defence

The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made. 

1.     Paragraph 2 is noted and accepted. I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreements and have sought verification from the claimant who has not complied with my requests for further information.

  2.    Paragraph 3 is denied as The Defendant maintains that default notices were never received. The Claimant is put to strict proof that default notices were issued to and received by the Defendant.

 3. Paragraphs1 & 4 are denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.

 4.  It is therefore denied with regards to the Defendant owing any monies to the Claimant; 
the Claimant has failed to provide any evidence of credit agreements/assignments/balances/breaches requested by CPR 31.14, and remains in default of my Section 77 CCA Request,

therefore the Claimant is put to strict proof to:

(a)   Show how the Defendant has entered into an agreement(s)

(b)  Show how the Defendant is in breach of agreement(s)

(c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act

(d)  Show how the Claimant has reached the amount claimed for and

(e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.  

 5. On receipt of this claim I requested (Royal Mail signed for) on 01/11/2022 a CPR 31.14 from the Claimant's solicitor and section 77 CCA's from the Claimant for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have failed to comply with my CPR 31.14 request. 

 6.   As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974. 

 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief 

  I understand that I should address all particulars of claim and have not yet addressed Paragraph 5.   

I'm not quite sure how to tackle this. 

I've had a look at what the Pre-Action Protocol is (Justice.gov.uk) and can in my records see a letter from Drydens, dated 16 August 2022 stating this is a "Letter of Claim" being sent "in accordance with the Pre-Action Protocol for Debt Claims. 

 In it they list my original loan agreement numbers from SLC, but state that "The agreements this debt relates to was entered into between you and Erudio Student Loans Limited on 22 Nov 2013",  "A copy of the agreements can be requested using the reply form".    

Given at this stage they have not proved the debt is mine, this paragraph seems irrelevant?

I'd be grateful for your thoughts around my defence and any correction to my understanding of what I have read/gleaned so far. 

RC710

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hey very well done

i wish all were like you 

wonderful research

wonderful defence.

dont worry about 5. its given you accept what they say as you ignored the LOC - if you dont mention something in the poc thats the way it falls - accepted.

now i'll be truthful here and say this is one time erudio might get money here.

deferring till 2020 then ignoring is not good, it might have been a good idea to have claimed you sent deferment but they have lost them .. but you've ignore stuff till the court claim. not a good idea to ever ignore a letter of claim..

i think its patterns a user here that tried that one and it worked, there are so many here, but a little white lie on forms has worked several times before

now on that front. did erudio send the forms and you just did not use them?

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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Thanks for your reply dx100uk. 

Yes, I certainly wasn't very clued up. 

Fingers crossed I don't ever get another Letter of Claim, but I'd certainly pay more attention in future. 

The letter just looked a lot like all of the others.

When you say forms?

Do you mean deferment forms or do you mean the forms that come with the Letter of Notice? - the Reply form?

Either way, no, I didn't.   

I wasn't given any further opportunity to defer, only sent letters about getting into arrears.   

I can see now that it was the Reply Form where I should have taken the opportunity to challenge the debt by asking for original copies of the agreements. 

I've already told a few white lies in my defence

- about various letters/notices not being received, but I'm missing another to have any hope of not having to give Erudio money?   

I'm not quite sure what that might look like.

I'll need to read some more... 

RC710

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for the minute as its not due yet don't file that defence please.

you wont get another LOC on a student loan but you might have other debts ? never ignore a letter of claim.

what interests me slightly is to expand/clarify your story and why you did not get/use deferment forms from 2020 please?

you had last deferred when before that (date)

in feb 2020 your wages increased to above the threshold, the story jumped to april 2020 when you phoned Erudio to tell them you were now earning over the threshold and could not defer?

when did you start and stop your payments?

and why when you were not over the threshold did you not defer again??

and you had arrears? 

please carefully give me the timeline of what you did and when.

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, 

I won't file anything until the advice here is that it is good to go. 

I do have other debt, but thankfully I am managing this far better!

Happy to clarify some detail. 

Graduated in 2001, deferred with SLC and when this was sold to Erudio, I continued to defer using Erudio forms. 

In Aug 2019 Erudio wrote to me with a settlement offer, asking for a single payment of £3425 instead of the £12337 owed.  I had no means to take up this offer. 

This letter told me that the maturity date of my loans was May 2025, my age-related cancellation date was Aug 2025.

The letter told me that "every time you defer, your maturity date is delayed by a period equal to your deferment date".  (I later queried my dates in the call with Erudio in May 2020, and I was given wildly different dates, many, many years later)

In Feb 2020, I took on more hours at work which put me just over the threshold to make repayments.

My deferment period was to end in June 2020, so no payments were requested within this period. 

In late May/early June 2020 (I do not have the exact date), I had the conversation with Erudio as described in my first previous post (month corrected here). 

I explained my situation, that the hours were a temporary increase until Nov 2020.  I was told, following the Erudio worker consulting with a manager, I would have to begin to make repayments as my telephone conversation counted as a disclosure. 

Frustratingly, they told me that had I sent in my P.60 from year 2019 - 2020 they would have accepted this, but I note their guidance stated that if the P.60 was more than a month old, wage slips had to be provided, hence me just not doing this. 

I cried (!) and told them I could not afford the £206.52 they were asking for a month, and they suggested that I make half payments, beginning end June 2020 of £103 per month, accrue arrears for the remainder.

I was told I could accrue 3 months max of arrears and then could in Nov apply for "roll back process" to defer again and claim the money I had paid back.   

I was told I would lose contractual rights if I had anything over 4 months of arrears,  I would not be entitled to age-related write off.    Feeling pressured, with no other option, I set up the direct debit for the £103.26 with them.    

Nothing came in writing to confirm what I had agreed. 

I came on CAG and thought I understood that as Eurdio were a DCA, they could not enforce anything.   My husband was about to lose his job because of COVID I stopped the first payment before it was taken. I cancelled the direct debits to Erudio. 

By end July, I was being chased for the arrears. I now note that I have two Notice of Sums in Arrears from July 2020 relating to two loans (no idea why I don't have 4 Notices, as I had 4 loans, maybe I chucked them?) stating the arrears were £110.04 and £111.56.   Either way, this is more than the original repayment they were actually asking for. 

Chasing the debt was a task was later passed to Capquest, Resolvecall and then Drydens. 

 I merrily buried my head in the sand after that.  Meanwhile, my temporary hours were extended time and time again (with no real certainty and confirmation at very short notice, sometimes leading to incorrect pay).   

My full-time hours are now permanent, I earn over the repayment threshold however, as many families who suffered financially due to COVID we are playing catch up and there is no spare cash at the end of the month. 

To confirm,

I have not paid a penny in repayments. 

Nor have I made any contact with Erudio since May/June 2020. 

Does this help fill in some gaps?

Do I have anything to cling to?

RC710

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urm interesting...

i hope none of your debt is being paid to a DCA?

interesting they wrote aug 2019 offering a 25% settlement...worthy of note going fwd.

forget stupid quotes/use of this fake 'maturity date' issue, it's not debatable, and is set in stone, but often used as a bargaining chip by eurdio because they know the mug has no idea. it is MOST CERTAINLY NOT!! dictated in relation to defering or not!

consulting with any 'manager' at eurdio is a commom LIE!!

a telephone conv is NOT admittance!!

p60 and statements are another read herring used to coherse mugs into agreeing a payment plan.

again, as i indicated earlier, there was nothing to stop you defering again once threshold was not exceeded, shame they used the 'rollback' scam to gain payment. 

lucky you physically made no payment?

NOSIA are simply a legal requirement they must send if they consider themselves the creditor. noted this was not for all 4 loans only 2 of 4 in this claim.

capquest/drydens and even Erudio are simply members of the Arrows Goup of companies, the real name for the parent company that did the gov't deal in late 2013 regarding all remaining unsold mortgage style SLC loans not already sold on.

resolvecall are simply a DCA doorstepper company that other DCA's use to scam payments by threatening and sometimes actually attending addresses chasing debt. as like ANY DCA.
they ARE NOT BAILIFFS
and have 
ZERO legal powers on ANY DEBT, no matter WHAT it's type.

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

let things run.

pull my chain near defence filing date if nothing more pops up.

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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Evening. 

Less than 48 hours to defence filing deadline - 4.30pm on Fri 25/11. 

Erudio have returned nothing.  No contact at all from them. 

Drydens have sent a further letter which I have just received today. 

They tell me that they have the documents I have requested "for your account" and provide instructions on how to access these. This appears to involve registering on their customer portal.  "As soon as you have registered your account, the documents will be available for you to view " for the next 30 days before being deleted. 

In the alternative, Drydens tell me that they can email me the documents if I email a particular email address and they add that I will have to answer a selection of Data Protection Act questions by email, before they can email the documentation. 

They add that my account will be "held" for a further 14 days. 

The reverse of the letter is a print out of "How to pay" and included with the letter is an Income and Expenditure form. 

Feels like they are just avoiding sending the documents (if they even have them) and fishing for information (or payment) from me.   Is my gut feeling right?

If I am to ignore this communication, is my defence (above) ready to go?   

I have double checked and definitely no payment was ever made. 

Thank you

RC710

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i'd go with your thoughts too.

 

 

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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Quote

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 as follows: (Note: No account numbers given)

 

1.     Paragraph 2 is noted. I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreements nor does it appear the claimant having failed to list the accounts numbers within its particulars. I have therefore sought verification from the claimant with regards to the account and have yet to comply with my requests for further information.

 

 

Andy

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Thank you @Andyorch

I have submitted the following:

Particulars of Claim 

1. The Claimant claims £12,440 for monies due from 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 as follows: (Note: No account numbers given)

 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 22/11/13, 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.

defence


The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.


1.  Paragraph 2 is noted. I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreements, nor does it appear the claimant having failed to list the accounts numbers within its particulars. I have therefore sought verification from the claimant with regards to the account and have yet to comply with my requests for further information.
 
2.  Paragraph 3 is denied as The Defendant maintains that default notices were never received. The Claimant is put to strict proof that default notices were issued to and received by the Defendant.


3. Paragraphs1 & 4 are denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.


4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreements/assignments/balances/breaches requested by CPR 31.14, and remains in default of my Section 77 CCA Request,

therefore the Claimant is put to strict proof to:

(a)   Show how the Defendant has entered into an agreement(s)

(b)  Show how the Defendant is in breach of agreement(s)

(c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act

(d)  Show how the Claimant has reached the amount claimed for and

(e)   Show how the Claimant has the legal right, either under 
statute or equity to issue a claim.  

 5. On receipt of this claim I requested (Royal Mail signed for) on 01/11/2022 a CPR 31.14 from the Claimant's solicitor and 
section 77 CCA's from the Claimant for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Drydens Limited, have failed to comply with my CPR 31.14 request. 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974. 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief 

Thanks for your assistance and guidance so far. I will come back and update in due course... 

 

RC710

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 but not their poc ofcourse? you listed that just for ref?

 

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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Oh no! Yes, all of it.  

 

Was so fixed on sending it and checking I'd pasted it across ok. 

 

Will it go against me, showing I'm actually not that competent and don't know what I'm doing?

 

RC710

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na wont hurt much.

 

well now you found relevant threads

 

i suggest you get yourself upto speed upon whats to come whats next, how to react and what not and what too do. by reading a good few 10's of threads

 

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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  • 4 months later...

open

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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Just to update,

I have not received any notification that the claimant has responded to the court after receiving a copy of my defence.   

There is no update on MCOL after my defence being received.   

 

I understand the matter is currently stayed and will stay that way unless the claimant wishes to pay money to reopen the matter AND has reason to think this is worth it. 

 

As an aside,

I have received new statements from Erudio for each of my 4 loans, indicating that they have used the £1 CCA request payment (made by postal order, not signed, and with a statement on the back handwritten to the effect that it must not be used towards any claimed debt) towards each loan.   

 

I have not been drawn into any further liaison with them given the matter is stayed, but I wonder if this is something that could be used, if ever they were to try to lift the stay? 

 

If you recommend it, I will write to be clear that the CCA payment was not to be used as acknowledgement of the debt. 

 

Kind regards

 

r710

 

 

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nope save that.

 

well stayed now.

 

go enjoy your life but dont move without telling the court.

 

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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