Erudio/Drydens claimform - old SLC Student loan

[123uk]

So I'm safe to ignore the above letter from Erudio, stick to the defence I have and wait to see if Dryden's send me anything before my deadline.

 

Thank you for your help and attention dx

[dx100uk]

as said...

you are not questioning deferment anyway.....

 

spend your time reading up as advised and where to and how to, but stick to CAG.

 

once you have done this, things will become a lot clearer to you...

 

nearer the date

post up you defence for checking.

 

 

[123uk]

Hi,

I've read previous threads on CAG as advised and am approaching my deadline to submit a defence.

Erudio have sent me two further letters since my last post, which I've attached.

2020_03_10_15_11_35_Erudio_CCA_reply.pdf    

2020_03_10_15_20_22_Erudio_CCA_Response.pdf

 

Would you Kindly give my defence one last check before I send it?

Will post below

Thank you

[123uk]

POC

1.     The Claimant claims £9,240.52 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: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.

 

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 22/11/2013, with a notice provided to the Defendant. 

 A new master reference number xxxxxxxxxxxxx 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 agreement and have sought verification from the claimant who has yet to comply.

 

2.       Paragraph 3 is denied . I have never been served with Default Notices or Termination Notices.

 

3.       Paragraphs 1 & 4 are denied.  The annual income of the Defendant has never exceeded the published limits for deferral since graduating in 2002.

 The Defendant is unaware of being served any Notice of Assignments pursuant to the LoP Act 1925 nor any  alleged new master reference numbers imposed by the the claimant.

 

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 agreement/assignment/balance/breach 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/Termination Notices and subsequent Notice of Sums in Arrears in accordance 

        with the Consumer Credit Act 1974.

(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 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA 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 requests and their solicitors, Drydens Limited, have refused  to respond to 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. 

 

7.       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. 

 

8.       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. 

 

 

[dx100uk]

checking now

due Friday by 4pm

[dx100uk]

looks ok but let andyorch check it before Friday.

 

dx

 

[AndyOrch]

Defence amended......not sure of the following.

 

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

 

Did you receive Notification by way of the PAP ?  If not add the following before point 1.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Regards

 

Andy

[123uk]

Hi Andy,

 

I received a letter on the 12th of April 2019 which said:

'This is a Letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims'...

 

Is this the Notification by way of the PAP you mention above?

 

 

 

 

[dx100uk]

yes

[AndyOrch]

1 hour ago, 123uk said:

Hi Andy,

 

I  received a letter on the 12th of April 2019 which said:

'This is a Letter of Claim sent to you in accordance with the Pre-Action Protocol

✎ EditSign

for Debt Claims'...

 

 

Is this the Notification by way of the PAP

✎ EditSign

you mention above?

 

 

 

 

 

Partially ...do you recall receiving and completing and submitting the following.......and if so did they respond within 30 days ?

 

 

[123uk]

I did not complete their PAP form (received in April) or reply to their letter.

 

In Feb drydensfairfax sent a letter notifying me that a county court claim had been issued against me , the balance has therefore accrued additional fees and costs and I will shortly receive the claim served by the county court showing an increased amount due....

and 3 days later I received the claim form

[AndyOrch]

Fine so you did get it.....then dont add the above to the defence.

[123uk]

ok thank you, will try and upload it now

[123uk]

Hi

I hope you are all well.

Erudio have sent me 4 'notice of sums in arrears' letters, one for each of the 4 loans, stating I am behind with my payments under the Agreement.

 

Having filed a standard holding no paperwork defence, the claim against me has been stayed (as of early May 2020).....I thought I would stop receiving letters like this from Erudio.

 

I forgot to send my deferment letter on time this year and have sent it today, is this why I have received a letter? what are they trying to achieve?

Is there anything I can do to stop this cycle of correspondence ? can I sue them for wasting my time or harassment ?

so frustrated 

thank you

[dx100uk]

nothing to do with the claim

thats dead now unless they pay to lift it.

 

i hope you sent the slc deferment forms not the erudio ones?

pers i wouldn't have bothered...

[123uk]

yes, I defer the old way and have never used Erudio forms.

 

am I to continue deferring each year and ignore all their correspondence?

 

[dx100uk]

you should not have bothered.

[unclebulgaria67]

Have you deferred every year because you do not earn enough to make repayments ?

 

And how late were you in deferring ?

 

And if you were only late deferring this year, then with the Coronavirus saga going on,  you could argue that this was just an admin oversight this year.

 

When you say the claim was stayed, exactly what does it say on any communication you have received ?

[dx100uk]

a court claim is automictically stayed after 28 days from filing a defence, there is no notification.

 

if they won't proceed with the claim

then there is little point in completing deferment forms as they obv can't can't enforce the loans

they will die.

 

sending deferment forms on a stayed claim simply acknowledges the debt again and runs the SB date to infinity.

 

dx

 

[123uk]

Unclebulgaria67, I have never earned enough to make repayments and the claim was stayed in early May.

 

I see, that makes sense, thank you dx

I'll stop deferring and ignore their letters.

 

 

[123uk]

 thank you for all your help, 

donation made

 

[AndyOrch]

[dx100uk]

open

 

[123uk]

recent letter

 

 

Drydensfairfax threat to lift stay.pdf

[dx100uk]

std letter most get at some point on stayed claims.

 

can you scan up all they've sent to one mass PDf please.

 

dx