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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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Erudio/Drydens Claimform - Old SLC Loans - their N244 to lift stay/SJ Dismissed - they now 28days to propose a Tomlin.


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Hi All,

To give a brief summary of the drama, I have 2 old student loans taken out /signed for on 27/02/96 and 17/07/96. Both totalling just over 3k.  Some years deferred, some years didn't and paid the minimum payment. Moved around a great deal and lost contact. The last time I deferred and filled the D10 form in was 19/08/13 with SLC.

Then Erudio took over and I received their Notice Of Assignment on 02/04/14. Ignored everything after this. No contact, no payments, nothing.

Then came Dryden Fairfax who's letters I ignored thinking it was just a DCA.

Then a court claim came on 03/06/2019 which made me sit up a little!

I had a read up and came to the conclusion the debt must be SB'd, I submitted my defence within the time limit. My defence was mainly on SB grounds and that I had no dealings nor signed any paperwork with Erudio. The total amount claimed was £4969.25. The court confirmed they had received my defence.

I have checked on the MOC website and the defence submission by myself was the last activity. 

2 YEARS LATER! (07/21) I receive another letter from Drydenfairfax. They claim in a nutshell that my limitation defence had no merit. This is due to the deferment being August 2013 and the claim was issued on 03/06/2019.  They state that they require payment by Aug 2nd or arrange a payment plan which may be formalised by means of a tomlin order.

go on to state that they will have no alternative but to apply to the court to lift the stay on the proceedings without further notice and that such an application will include an application for summary judgment. Their letter included the D10 deferment from Aug2013, my two credit agreements (both of which are illegible and have amendments to my name. One of which is addressed to the college). And their notice of assignment letter.

I'm presuming that the claim is stayed by the court as nothing has happened.

I have no searches or judgments on my credit report. It's squeaky clean!

I'm just really wondering where to go next with this?

My thoughts are just to wait for any letters. Ignore everything from DrydenFairfax and just submit another defence of statute barred if I receive anything else from the court, as this looks like it was accepted first time round.

Surely it must be quite difficult to get a stay lifted too.

I'm assuming too that the debt was statute barred or if the claim date has stopped the clock. If so, what about the two years of no contact by Fairfax?

Any help or advice would be greatly appreciated.

Thanks

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  • dx100uk changed the title to Erudio/Dryden SLC Loans 2019 claimform - Claim Stayed - Now sent docs + SJ Threat.

i've moved you to our legal forum.

there are lots of like old SLC Claimform threads here whereby the claim remains stayed after SB defence filing.

 

what you have is pretty std for drydens to do , to see if you want to wet yourself now.

they typically go nowhere, just dont move without informing them and the court in writing for 6yrs.

 

there are no examples of the fleecers 'winning' on an SB case even if the do issue an N244 to lift the stay.

 

use our search top right 'erudio/drydens' and get reading 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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That's great dx cheers.

 

I'll keep swotting up on here to prepare myself. I think the last letter that they sent was to see if they could trap me into setting up a payment plan with them. I'll just wait to see what they do on their side first.

 

thanks so much.

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you might find the slc portal still works for you.

 

see what date they have for your last successful deferment.

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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Thankd dx.

 

I tried logging on but as I've never used the portal it looks like I'm not registered to use the service.

 

Just thinking on. The D10 form that I filled in on 08/13 may not have even got to deferred status. I only signed it and didn't fill anything else in such as proof of income etc. I'd imagine they would have wanted some further information and from the very pit of my memory I do seem to recall receiving a letter requesting this. However, I can't be sure, but I know I wouldn't have filled it in.

 

Maybe Erudio have used this D10 form, claiming it was deferred when it wasn't. 

 

Is it OK to ring the SLC to find out when I last deferred?! I'd presume it is as the debt isn't with them any longer? I just don't want to put my foot in it!

 

Great information on here by the way. Fantastic site.

 

Cheers

 

 

 

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can you not register? i believe others were able to?

yes ofcourse you can ring 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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Hi dx

 

Tried ringing earlier on and there is no record of my customer reference number which was on the D10 form. Tried registering on the Gov slc website but no luck.  Looks like it must be an old loan which they don't have the details for any longer.  

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Let it die...they will

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

  • 7 months later...

Erudio/Drydens claimform - 1993/4 SLC Loan - poss SB'd? - Page 3 - Financial Legal Issues - Consumer Action Group

I've had the same hassle with Erudio.

Received the exact letter in the post a few days ago.

The last status on MCOL is that my defence had been submitted.

I don't even think there is a 'stay' to be lifted. 

 

I'm 99.9% certain the loan is statute barred anyhow which I used in my defence.

Same as yourself, they sent me a blurred copy of some loan agreement from the student loans company. 

 

I'm probably just going to ignore it anyhow and keep an eye on MCOL.

 

The loans they're chasing are 25 years old now.

I've read that they're dead and buried now according to Martin Lewis!

Like yourself, I'm just fed up with them!

 

 

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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 unlocking me!  Hope you're well?!

 

So Erudio got back again with exactly the same letter claiming to lift the stay etc.

 

As I mentioned on the other thread.

The last entry on MCOL was stating my defence had been submitted.

There was no record that it is stayed on MCOL.

Just the claim and the defence submitted, nothing else.

 

This was back in 06/19 if I remember correctly.

 

I'm starting to think these are just generated letters that seem to get spewed out by Erudio.

Surely if they could do something, they would have done it by now? 

 

As they have a MCOL claim submitted does this effectively stop the clock.

I believe it is very much over 6 years anyhow. 

 

I always keep an eye on MCOL for any updates but  doing nothing seems to work quite well at the moment.

Any advice would be fantastic. 

 

Thanks

 

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if it was exactly the same letter

you are no.4. this week.

 

its actually a discount letter if you read it properly.

 

if your loans were already SB'd, and you filed our SB defence.

even though the claim stops any clock,

as with 99% of the SB SLC cases here 

they'll go nowhere fast.

 

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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It is stayed.

Go back and read rhe letter from the court confirming the receipt of your defence.

Its an automatic process

 

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 SLC Loans 2019 claimform - Claim Stayed - poss SB'd - Now sent docs + SJ Threat.
  • 1 year later...

Hi DX,

Well... It's been about 3 years since our last conversation.

I currently have a claim for old student loans which have been sat in the courts since June 2019.

Your last message to me was to let it die!

I've just opened the post and have received a letter from the courts titled 'notice of transfer of proceedings. It states the claim has now been transferred to the county court at Newcastle for that court to hear the claimant's application for summary judgement.

It then says it will send me and other parties notice of dates, times and places of hearing. They (dryden fairfax) then sent their application notice along with a load of the usual copies of agreements etc.

My concern is that they're applying for the stay to be lifted, defence to be struck out pursuant to cpr and for summary judgement on the whole claim.

Costs order to be made and they've also stated my defence holds no ground. 

Any ideas what I should do? 

  • Like 1
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Please don't post solid blocks of text.

Post up the application notice in PDF format

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With paragraphs and spacing and punctuation. :yo:

 

 

.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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not moved since have you?

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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Hi DX,

I remember you helped a great deal last time. Hope you are well. 

I received a notice of 'transfer of proceedings' from the business centre to Newcastle upon tyne.

My claim has been stayed since 2019 and Erudio have put in an N244 application to lift the stay, defence to be struck out, a summary judgement and a cost order. They claim my defence does not raise any grounds with a reasonable prospect of successfully defending the claim.

I have regularly kept check on MCOL but haven't been able to get onto the site for some reason. I tried registering again but as I'm self employed I have several gateway IDs due to staff, vat etc.

No DX, I haven't moved since it was passed onto the courts. Still at the same address.

 

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std practice now re N244 the.

lots of like threads here where erudio have done this in recent weeks.

we need to see ALL the N244 and their statement and exhibits in one mass PDF

read upload.

 

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 - now N244 lift stay/SJ

Thanks, DX. I'll do that as soon as I can.

I rang the county court at Newcastle today and she said there's a 3 month backlog on all the paperwork evidence, so it doesn't look like anything will happen fast.

I used to check it up on MCOL but she said that as it has transferred to Newcastle they use a very old system so it won't work.

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Quote

I received a notice of 'transfer of proceedings' from the business centre to Newcastle upon tyne.

That's why you cant check it with MCOL....their part has ended.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 5 weeks later...

Hi all,

Just received a court date for Summary of Judgement on 24th Oct 23. It said 1 hr for the hearing.

Any idea what I should do in order to prepare for all this? I haven't got a clue what to do. Never encountered anything like this.

I was under the impression that the whole thing was stayed and couldn't proceed any further until they applied to lift it. Or has this already happened?

I'm just in the process of preparing all the documents to send over to you to have a look at. 

Any advice would be great.

Thanks

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