Erudio/Drydens Claimform - old SLC Loans

[jayrol251]

Any advice would be really appreciated.

My loans were sold to HSL and Erudio. SLC are responsible for administration and they have always sent the deferment to both companies.

I was almost at the point where the loans would be written off

I returned last year's deferment form but SLC then asked for evidence.

When I sent the evidence they forwarded it to HSL who deferred my loan.

Upon receiving letter saying loan was deferred I assumed it applied to all parts.

Months later Erudio sent a letter saying I owed them the full amount.

SLC originally told me I was supposed to have sent Erudio the evidence separately but now admit that they were responsible for forwarding to both parties.

It took them a while to process and in that time my Erudio loan had defaulted.

Erudio have now sent a claim form from the court via Drydens.

I have uploaded a pic of the claim form and also segments of the SAR from SLC

Can anyone offer any advice please?

Thank you

 

claimform+SLC sar notes.pdf

[dx100uk]

please complete this

 

 

[jayrol251]

Which Court have you received the claim from ? County Court Business Centre NN1 2LH

How many defendant's  joint or self ? just myself

Date of issue – 1st Aug 2023

Particulars of Claim

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

1.Claimant claims £2392 for monies due from defendant

2.Debt was pursuant to a regulated agreement between the defendant and the Student Loans Company Ltd . Each agreement has an individual account number as follows 99MCP...

3.Defendent failed to make payments as per the terms resulting in the agreement being terminated. Notice of such is served by a default or termination notice subject to terms of agreement

4. The debt was assigned to the claimant on 22/11/2013 with a notice provided to the defendant. A new master reference number was also applied upon assignment

5.Claimant has complied with the pre-action protocol for debt claims

What is the total value of the claim? £2392
 

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes. Recently moved but post forwarded
 

Did you inform the claimant of your change of address? No

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 ? No
 

Do you recall how you entered into the agreement...On line /In branch/By post ? By post

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 is the claimant but Drydens Ltd address is there for payments
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here
 

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 ? No
 

Why did you cease payments? I was trying to get it reversed as it was a result of SLC not passing deferment to Erudio 
 

What was the date of your last payment? never
 

Was there a dispute with the original creditor that remains unresolved? 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I used resolver to communicate with them trying to understand why this has happened

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

I have the copy of the agreement first made with Student loans before they sold the debt to erudio

 

[dx100uk]

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

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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]

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

 

[fkofilee]

Personally from the evidence provided, I feel like the Judge would have a field day with Erudio if they tried to get this past him.

 

[jayrol251]

i hope so!

the messiness of their notes in the SAR just makes it quite difficult to get a clear picture of everything

just have to be careful how i word everything.

Appreciate the help so far .

Thank you

[dx100uk]

read a good few existing erudio claimform threads here already.

you wont be going into specifics even at your defence stage, just the general bland defence like everyone else uses.

the exact details etc wont ever be disclosed eitherway until the disclosures stage many many months away in witness statements

but you MUST read up. 

dx

 

[dx100uk]

and?

[jayrol251]

thats a coincidence that you posted this reply today.

I just found out today that debt collectors have been visiting my previous address which is strange as I would've put current address on my defence form when I filled it out as per advice above.

I haven't had any contact from the court since.

Just trying to contact them now to find out whats going on.

A CCJ is on my credit file dated 18th September.

logged into mcol website

it says judgement has gone against me.

options are to complete admission form or request judgement to be set aside.

Any advice would be appreciated.

Thanks

[dx100uk]

you mean you didn't do AOS nor file a defence in time....

On 09/08/2023 at 01:02, dx100uk said:

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]

 

[jayrol251]

I know.

I messed up. sorry.

I assumed they'd dropped it when I heard nothing back.

The paperwork was sent to wrong address but I have proof they knew my current address.

I've written to the court hopefully they'll help.

Thanks for the advice

[dx100uk]

26 minutes ago, jayrol251 said:

I have proof they knew my current address.

written proof ?

what is it?
 

[jayrol251]

I have an email from 22nd august when I requested an SAR from them.

They asked for my full address.

I told them it was updated to current address and they replied with 

Good afternoon,

Thank you for your email.

We have requested a copy of the Subject Access Request to be posted to you at the address of (new address)

Kind regards
SAT Team

[dx100uk]

them & they being who?

10 hours ago, jayrol251 said:

The paperwork was sent to wrong address but I have proof they knew my current address.

what paperwork?

and who are they in this instance too?

did the claimform have your current/correct address on it?

 

notes:

you had 3 slc loans ...

one was sold to Honours Student Loans.

2 were sold to Erudio.

[jayrol251]

paperwork:

any letters sent by from court or debt company (which is owned by erudio).

I received some of the early letters before the court date as we had them forwarded. Anything after that wasn't forwarded, just returned to sender by existing tenant at old address.

They didn't inform us until a few days ago, I don't know exactly what letters were sent. I assume the court would've written to me there but I wouldv'e used my current address when filling out anything on the moneyclaim website.

The email confirming my new address was from the SARS team at Erudio. 

HSL know my address

Student Loan Company don't seem to pass info on to Erudio as last year Erudio still had an address from 7 years ago even though I'd been receiving and completing deferment forms at new address. Its supposed to be their duty to deal with all admin I would only ever contact them to deal with any communication between Erudio or HSL.

Then last year they didn't pass on my evidence to Erudio and even admitted on the phone that they should have done so. This is what caused the default in the first place. They now deny any responsibility.

just to clear and answer your questions fully...

the original claim form to me was to previous address but was forwarded to my current address

[AndyOrch]

The court regard good service if a claim is served to a last known previous address. You would only have grounds to set a side if you have written evidence that they (the Claimant) were aware of your new address, had written to you at new address pre service.

[dx100uk]

4 hours ago, jayrol251 said:

I wouldv'e used my current address when filling out anything on the moneyclaim website.

dx

[jayrol251]

Andyorch. I have an email from claimant saying they know my current address from a month before the CCJ

[AndyOrch]

But was it a month before the actual claim service date ?

[jayrol251]

no  but I can probably find proof they knew my address at an earlier date or at least could have found it from SLC who had my updated address and are responsible for relaying any information to them.

I also would have put my new address on the moneyclaim website when replying to the claim if the address was required.

Maybe shouldn't have but didn't want to lie to a court!

I read about a case being dismissed with Erudio a few years ago as they failed to make an appropriate effort to contact someone who had moved.

Their defence was that Erudio knew their email and hadn't attempted to contact them or find their new address before cancelling their deferment. They were compensated by the FOC I think. Hopefully it will work for me.

I know I've messed up and should have been more organised btw.

Just trying to minimise the damage at this point.

Appreciate the advice.

 

[AndyOrch]

2 hours ago, jayrol251 said:

no  but I can probably find proof they knew my address at an earlier date or at least could have found it from SLC

As long as you have written evidence that Eurdio knew your current address before issuing the claim that is all you need for a successful set a side. The fee for a set a side application is currently £275 so unless you have this evidence (forget SLC they have no part in this now) dont gamble the £275

[dx100uk]

hows this going?

dx