Erudio Claimform - Old Student Loans - poss SB'd

[mcvey123]

I received £90 back for 3 letters that they sent to me. They tried to deny that their fees were excessive and since they are a government body, they are not regulated by the same rules. I asked them if this was the case, who in the government (above them) could I complain to... The fees were refunded.

 

Good Luck

[melanieanne63]

Thanks for your replies but just need more information. I thought you need to send the court documents to an english address and the student loans company are based in Scotland, how did you work your way around this? Thank you

[mcvey123]

You need to write to them first, and ask for the charges be refunded as it obviously doesn't cost £20 for a letter and ask them to justify the cost applied to your account for a letter. remind them that you know that they are not a bank but that they are a government body and should exercise finanical integrity. Also ask them in your letter who regulates them in the event that you have to complain to a higher authority for refusal to refund the letter charges.

 

I am from northern ireland and when I apply to the northern ireland court service for small claims against e.g. abbey / capital one (who are in London) the court sends a separate sheet for this after the application has been received by them. I am not sure about scotland but I am sure that your local court should be able to tell you.

[physicsgraduate]

Could I write to them and argue obligatory "financial integrity" on the grounds that my loans has now gone to DCA, and the reason I failed to keep up to date with my deferments was the result of hardship I suffered in the past year whilst working abroad?

[noomill060]

Just phoned SLC collections dept regarding another matter, I asked which government department the SLC was accountable to, and who I could ultimately complain to.

 

I was told they were under the Dept of Education, so we can address any complaint about the SLC to our MP or the Secretary of State for Education if we so desire.

 

I then asked about their £20 charges and whether they were actually legally enforcable.

 

There was a short, awkward silence from the person I spoke to.

 

She then said "No"

 

This is a different answer I recieved back in September when I originally contacted them. Back then the muppet I spoke to claimed that the government let them charge what they like and that the charges were therefore legally enforceable.

 

Looks like the courts have told them otherwise....

[physicsgraduate]

Oh that is just music to my ears well done and good luck. My loan is also pre 1998 and I am going to try and pull that one too, but maybe they will be more clued up on that trick now I hope not.

[sequenci]

To answer some questions raised in this thread.

 

'Old style' student loans under the Education (student Loans) Act 1990 are regulated. 'New Style' student loans under the Teaching and Higher Education Act 1998, i.e. for students who commence study from September 1998, are exempt from regulation under the 'low interest' regulations of the Act.

 

Hope this helps!

[physicsgraduate]

As far as I am aware my debt is written off if i don't earn enough money well before i am 65. I took mine out in 1990-94 at the ripe old age of 19-22.

 

BTW I just cleared a debt of 60 pound with some DCA this week. Do you think if i wrote them now asking for a copy of my contract, and they didn't produce it in 12 working days i could claim the money back?

[Nurselayer]

I'm sorry it's been so long since I have updated this, please accept my apologies.

 

Here's a letter I sent to Bristol Trading Standards back in Nov. 06

 

Bristol City Council

Trading Standards

Neighbourhood and Housing Services

Brunel House

St George’s Road

BRISTOL

BS1 5UY 21st November 2006

 

 

Dear Sir or Madam

 

COMPLAINT UNDER SECTION 78(1) CONSUMER CREDIT ACT (1974)

 

The Student Loans Company Ltd, of 21 Thomas Street, Bristol BS1 6JS have failed to respond to my properly formatted and paid for statutory request for information under Section 77(1) of the Consumer Credit Act 1974. My request to them was sent on 25th July with the required fee and the statutory time limit for them to reply was 16th September 2006. As yet they have still not complied with Section 77(1) of the Consumer Credit Act 1974 and I believe that this may constitute a criminal offence. I wish to submit a formal complaint to you and would be grateful if you would investigate The Student Loans Company Ltd for non-compliance

I would be obliged if you would confirm what action you propose to take in respect of this matter.

I also sent the same letter to Glasgow Trading Standards quoting the Glasgow SLC address.

On the 29th November I received from the Student Loans Company all the information that I had requested under the SAR request that I had made (which you may remember I had cancelled some time earlier). Unfortunately it also included copies of my loan agreements.

Shortly after I received letters from both Trading Standards offices which I don't have to hand at the moment. I will post the contents when I dig them out but the gist was that they had contacted the SLC and they had been informed that the SLC had now sent the information required by the CCA request (I assume that this would be covered by the loan agreements sent with the SAR information).

I would therefore recommend that if you wish to try the CCA route to avoid repaying the Student Loans that you send a CCA request ONLY and not a SAR request. If however you wish to reclaim any charges then you send the SAR.

My fight with them still continues however and I will try and keep you updated with how it goes.

[noomill060]

Ive done it.

 

Ive forced SLC to remove all of their £20 penalties!!!

 

http://www.consumeractiongroup.co.uk/forum/students/78206-noomill-student-loan-company-2.html

 

Woo Hooooooooooo!

 

Not so snotty are you now, SLC, you bunch of arrogant muppets!

 

Took SLC to Court, they caved in and made an offer of settlement today.

 

http://www.consumeractiongroup.co.uk/forum/students/78206-noomill-student-loan-company-2.html

[welshy166]

Noomill,

 

This probably should be in a seperate thread but you seem to be a bit of an expert on SLC matters.

 

Anyway, knowing that my next SLC payment would mean that I would overpay by about £300 I thought I'd be pro-active and phoned up the SLC to get a calculation of how much was outstanding and paid off the balance by credit card. After 20 minutes of being on hold I paid and was at no point told by the muppet on the other line that the payment may take up to 2 months to process and HMRC would continue to take payment. I've got the letter of them saying they think it's paid up the day before HR had to put through the payroll and the payroll company said they couldn't stop the payments because of lack of notification from HMRC. So basically the SLC now have about £800 (and potentially more) of my money which I can't get back until the end of the tax year. Obviously they will not give it back with interest.

 

I want to be refunded the money as soon as possible even if it's just the payment I made over the phone after their misrepresentation. How would you suggest I approach this?

 

Any help greatly appreciated.

[Nurselayer]

Name of the Claimant ? Erudio Student Loans Ltd

 

Date of issue – 9th Jan 2020

 

Particulars of Claim

 

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

1.The claimant claims £10,100 for monies due from the defendant

 

2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows  XXX XXX XXX XXX

 

3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements.

 

4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX 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? £10,100

 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once.

This claim form has been sent to my home address

 

Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form.  I did notify The Student Loans Company Ltd about my address change though.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student 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 ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive.

 

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. It says that the debt was assigned.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment

 

Did you receive a Default Notice from the original creditor? Not to my knowledge

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember

 

Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them.

 

What was the date of your last payment? I've never paid
 

 

Was there a dispute with the original creditor that remains unresolved? Not to my knowledge 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not

 

This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address. 

I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.

[Andyorch]

You need to acknowledge service by monday 27th 4.00pm if not already done.

 

Andy

[dx100uk]

numerous erudio/drydens claimform threads here already - use our search top right.

 

yours appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013 .

 

if you wish to bother to even send CCA/CPR that's upto you

but the bottom line is to erudio you've ignored everything to date

you might also ignore a claimform.

 

but ofcourse you do not!!

 

if the above is true

 

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
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked

 

goto the defence filing section 

file the following:

1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

 

dx

 

 

 

[Nurselayer]

Thanks folks,

I had acknowledged service as soon as I had received the court forms so within the timelimit.

I have sent off a CCA request and a CPR request.

I have submitted a defence based on this being statute barred.

IF it was to come back that somehow I had been in touch with them within 6 years (I am 99% positive that I haven't been). Could I still use other defences if it went to court? (so, let's say that the debt wasn't assigned properly or there's no default notice for example).

Once again, huge thanks.

[dx100uk]

I have submitted a defence based on this being statute barred.

 

you didn't change the wording did you??

[Nurselayer]

No, I used your wording exactly. Copy, paste and filled in date and amount.

[dx100uk]

had me worried there.

 

as with all these erudio claims, they'll most probably let it get stayed.

none that have filed sb to date have gone anywhere

 

dx

[Nurselayer]

Just a quick update.  

Erudio Student Loans returned my £1 postal order that I had sent them for the CCA request. They sent a letter saying "Thank you for your correspondence but your account has been terminated and is now with Dryden's Fairfax Solicitors."  

Dryden's sent me a letter regarding the CPR saying that they are waiting for documentation from their client, and offering me a further 28 day extension to file my defence (I've already filed it - don't worry!)

Dryden's then sent another letter acknowledging my defence and saying they would seek their client's instructions.

I've not attached the letters as they seem fairly standard - but I can do if you want me to.

[dx100uk]

oh well

terminated or not they still have to produce the CCA to successfully litigate 

but that's pretty immaterial as the debt is sb'd anyway......doesn't matter what they hold in all effect.

 

dx

 

[Nurselayer]

Erudio sent me copies of the original agreements that I signed, which I received today.  Funny to think of myself signing them all those years ago, I had hair then!  Anyway, because this debt should be Statute Barred I think this is immaterial but I've noted it on here for completeness.

[dx100uk]

10/10

doesn't matter what paperwork they hold..

 

 

[Nurselayer]

Hi folks,

I've just received the following letters from Erudio.

I'm a bit confused because both letters say "Payment Received" and yet I've not made any payment of any sort on these accounts, nor have I been in touch with either Dryden's or Erudio.

I've had a look on the Court website and under Status it simply says "Defence submitted", this was done on 29th January - what happens next and how long do Drydens/Erudio have before the court kick it out?

Could they try and argue that because payment has been received that the debts aren't statute barred? (even though I have not paid anything).

 

 

 

NOSIA letters.pdf

[dx100uk]

tidied

are you not going to redact them properly again!

 

i'll do it

 

dx

 

[dx100uk]

done

those are simply NOSIA letters that they must send by FCA rules because they are a creditor to be allowed to charge default sums.

 

safe to ignore as the debt is SB'd

 

dx