Erudio/Drydens claimform - old SLC Loans - Now N244 for strikeout & SJ.

[RC710]

Hello

Apologies, I could not see how to post in a student loan topic area. 
I wonder if anyone can offer some advice?

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

 

[RC710]

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

[RC710]

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. 

[RC710]

Thank you.  I'll sleep easier tonight knowing I have some support with this and a course of action for tomorrow. 

 

[RC710]

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

[RC710]

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

[RC710]

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

[RC710]

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

[RC710]

Thanks for sharing your view too.  I'm learning!

 

I'll get the defence on MCOL tomorrow. 

 

RC710

[RC710]

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

[RC710]

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

[RC710]

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

 

 

[RC710]

Great, thank you for your advice and support.

Coincidentally, just as I thought this might have gone away, Drydens have sent me a letter stating that they have now addressed the issues in my defence. 

The letter goes on to tell me they are "clearly" in a position to progress the claim against me and invite me to settle the matter by way of a Tomlin Order.  They say that if I do not respond, they will have no alternative but to progress legal action without further notice. I note they have also sent a financial statement to complete, with monthly incomings/outgoings. 

All I have received since submitting my defence is a statement for all accounts, indicating they have used the £1 postal order towards the alleged debt.

My understanding is that they are bluffing and trying bullying/scare tactics. They haven't responded to my defence and I cannot see that they would, in these circumstances, apply to the court for the stay to be lifted.  I am however cautious not to make an assumption without checking in with you.    

I'd be grateful for your thoughts

r710

[RC710]

Thank you. Thought as much from what I had read but glad for the reassurance. 

[RC710]

Unfortunately I am back.. 

I have received a Notice of Transfer of Proceedings stating that the claim has been transferred to the local county court to hear the claimants application for summary judgement.  I am told that the court will send notice of the time, date and place of hearing. 

Enclosed in this bundle is an N244, completed by a Legal Representative for Drydens, asking the court:

1. For the stay on proceedings to be lifted pursuant to CPR 3.9 (1)

2. For the defence to be struck out pursuant to CPR 3.4 (2) (b); and /or

3. For summary judgement on the whole claim pursuant to CRP 24.2

4. Costs Order be made against the defendant.

The defendant's defence does not raise any grounds with reasonable prospect of successfully defending the claim and  there is no good reason why the matter should be disposed of at trial. 

They want the application dealt with at a hearing, expected to last 20 mins. 

The Defendant's intention is drawn to Part 24.5 of the CPR as any evidence he wishes to rely upon needs to be filed and served no later than 7 days before the date of the hearing. 

Drydens have provided a Witness statement. 

Copies of the loan agreements, signed by myself are also included. 

 Is there anywhere to go from here?   

It seems they have the documents they need and that I now have little come back?

I'd appreciate some advice as to what my next steps should be. 

Thank you

R710

[RC710]

Thank you. 

Of note: 

Dryden claim they have sent copies of the credit agreement to me. They have not. Within this bundle is the first time I have seen them. 

I'm also curious that they have not included the letter they sent to me where they allocated my £1 postal order across each of the debts as repayment. 

I'd welcome advice about what my next steps might be. 

Thank you

R710

 

Erudio N244+exhibits+N271.pdf

[RC710]

Hello, 

I received correspondence that the application for the stay to be lifted will take place on 24/8/23. 

Please could someone look over my witness statement draft?

Am I on the right track? The language used is not consistent and I can work on that but am keen to hear some feedback. 

I would be grateful for any pointers. 

Thank you.

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

 

WITNESS STATEMENT OF XXXXXX

I, XXXXXX, the defendant in this claim make the following statement believing it to be true will state as follows:-

1. It is admitted that I have had financial dealings with The Student Loans Company in the past.  .

2. It is denied that default notices were ever received.

3. It is denied that I was informed of assignment of this debt either by the original creditor nor the assignee. For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136). Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

The assignment must be absolute.
The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.
The assignment must be in writing and signed under hand by the assignor.
Notice of the assignment must be received by the other party or parties for the assignment to take effect.

Again it is denied any Notice of Assignment was ever received.

4. It is admitted that in October 2022 I did request information pursuant to CPR 31.14

Namely to show how I entered into an agreement
Show how the claimant quantified the amount claimed
Show and evidence service of Notice served under Sections 76(1) and 98(1)
And to show how the claimant has legal right either under statute or equity to issue a claim in their name

Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request, the court expects parties to communicate to try to narrow any differences.

The Claimant did not respond to my request for information pursuant to CPR 31.14. Ineligible alleged copies first appeared in the Notice of Transfer of Proceedings bundle sent to me by the County Court Business Centre in June 2023.  

I note that the Claimaint has included a letter dated 22^nd March 2023, allegedly sent to me enclosing a copy of the credit agreements, a copy of the default notice and a copy of the notice of assignment. This letter was not received by me.

Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial. I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

5.  As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed. It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence  relied upon and should the claimant fail to that their claim be struck out pursuant to CPR 3.4 as having no basis.

6. The Claimant fails to acknowledge in their witness statement, letters sent to me dated 31^st January 2023 indicating that they have used the £1 postal order I sent with a request for copies of the documents they rely on, towards the alleged debt.

They have done so without consent and notably against my direction on the reverse of the postal order where I had written that it was NOT to be used towards any alleged debt.  Erudio have later, in letters dated 4^th July 2022, omitted to indicate this alleged credit expressly other than the alleged sums owed.  I therefore question the legitimacy and records kept by Erudio

I believe that the facts stated in this Witness Statement are true.

 

Signed:

 

Name

Address

 

 

[RC710]

Thanks dx100uk

I'll add about no deferment forms sent. I definitely was not given another opportunity/no forms received. As soon as I failed to pay the arrears within 4 months, they went straight to cancel the agreements. 

The claimants application notice states I have to submit this - filed and served - no later than 7 days before the date of the hearing. (I have yet to research how this is done, via MCOL or via post, but will check this). 

I'm not feeling confident that I am in a good position. My best hope is that they see my defence, fail to pay the court fee and it does not go ahead but I have a very limited idea of the chances of this. I haven't seen court successes for Erudio but perhaps they have enough on me. 

But I am extremely anxious about it going ahead. My work brings me into contact with the court it is listed at, I am sometimes before magistrates as part of my role and I am worried about my professional reputation.

I will have colleagues in the court building, who will see the court listings or may see me and I am hugely embarrassed by this.   I wondered about asking to to move it to a different court, where I attend less often. 

I have tried to set my emotions aside as I've gone through this process but it is very difficult to do in these circumstances. 

[RC710]

Thank you. 

This helps me to hold my nerve.

I'll work on tidying up my witness statement, and post for checking, ready to be sent at the last moment. 

Thank goodness this site exists. 

[RC710]

dx100uk

Please may I ask you you to check my witness statement response to the claim against me by Erudio?

The court date is Thurs 24th Aug.   It has to be received 7 days before,  so Thurs 17th Aug - so long as it's not working days (cannot see that stipulated anywhere).  I aim to post this on Tues 15th - First class recorded to both. 

Please advise if there is anything that needs tweaking. 

Many thanks

 

In the county court at  XXXXXXXXX
 

 

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

 

WITNESS STATEMENT OF XXXXXX

I, XXXXXX, the defendant in this claim make the following statement believing it to be true will state as follows:-

1. It is admitted that I have had financial dealings with The Student Loans Company in the past.  .

2. It is denied that default notices were ever received.

3. It is denied that I was informed of assignment of this debt either by the original creditor nor the assignee. For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136). Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

The assignment must be absolute.
The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.
The assignment must be in writing and signed under hand by the assignor.
Notice of the assignment must be received by the other party or parties for the assignment to take effect.

Again it is denied any Notice of Assignment was ever received.

4. It is admitted that in October 2022 I did request information pursuant to CPR 31.14

Namely to show how I entered into an agreement
Show how the claimant quantified the amount claimed
Show and evidence service of Notice served under Sections 76(1) and 98(1)
And to show how the claimant has legal right either under statute or equity to issue a claim in their name

Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request, the court expects parties to communicate to try to narrow any differences.

The Claimant did not respond to my request for information pursuant to CPR 31.14. Ineligible alleged copies first appeared in the Notice of Transfer of Proceedings bundle sent to me by the County Court Business Centre in June 2023.  

5.  As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed. It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence  relied upon and should the claimant fail to that their claim be struck out pursuant to CPR 3.4 as having no basis.

I note that the Claimant has included a letter dated 22^nd March 2023, allegedly sent to me enclosing a copy of the credit agreements, a copy of the default notice and a copy of the notice of assignment. This letter and documents were not received by me.

Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial. I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

6. The Claimant fails to acknowledge in their witness statement, letters sent to me dated 31^st January 2023 indicating that they have used a £1 postal order I sent with a request for copies of the documents they rely on, towards the alleged debt.  They have done so without my consent and notably against my direction on the reverse of the postal order where I had written that it was NOT to be used towards any alleged debt.  Erudio have later, in letters dated 4^th July 2022, omitted to indicate this alleged credit expressly other than the alleged sums owed.  I therefore question the legitimacy and records kept by Erudio.

7. Erudio continue to send statements related to the alleged debt, however it is noteworthy that they have not, at any point since the alleged default in 2020, provided any further deferment forms. They have been criticised by the Financial Ombudsman Service for this practice.

I believe that the facts stated in this Witness Statement are true.

 

Signed:

 

Name

Address

[RC710]

ok, thanks for the quick response.

Will try to adapt it and post a revised statement tomorrow.

[RC710]

dx100uk

Is this any better?

In the county court at  XXXXXXXXX
 

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

 

WITNESS STATEMENT OF XXXXXX

I, XXXXXX, the defendant in this claim make the following statement:

1. It is admitted that I have had financial dealings with The Student Loans Company in the past.  

2. It is denied that I was informed of assignment of this debt either by the original creditor nor the assignee. For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136). Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

The assignment must be absolute.
The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.
The assignment must be in writing and signed under hand by the assignor.
Notice of the assignment must be received by the other party or parties for the assignment to take effect.

3. It is denied that default notices were ever received.  In October 2022 I requested information pursuant to CPR 31.14 namely;

To show how I entered into an agreement

To show how the claimant quantified the amount claimed

To show and evidence service of Notice served under Sections 76(1) and 98(1)

To show how the claimant has legal right either under statute or equity to issue a claim in their name

4. The Claimant did not respond to my request for information pursuant to CPR 31.14. The claimant is required to comply to validate and assist in verifying its claim. Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial. I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

5. In accordance with CPR 31.15(c) I sent the claimant a £1 postal order to for their reasonable copying costs incurred in complying with my CPR 31.14 request.  The Claimant has assigned this sum towards the alleged debt without my consent and expressly against my direction.   The claimant, in their witness statement, fails to acknowledge the letter sent to me, dated 31/1/23 which evidences this action.  

6. The witness statement refers to a letter dated 22/3/23, allegedly enclosing a copy of the credit agreements, a copy of the default notice and a copy of the notice of assignment. This letter and alleged credit agreements were not received by me. The claimant has subsequently provided illegible copies of the alleged credit agreements in their witness statement.   

7. The claimant has not at any point provided any further opportunity to defer since the alleged default in 2020. Erudio been criticised by the Financial Ombudsman Service for this practice.

8.  As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed. It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out pursuant to CPR 3.4 as having no basis.

I believe that the facts stated in this Witness Statement are true.

Signed:

Name

Address

 

 I'd be grateful for your thoughts. 

Thank you

 

[RC710]

Thank you for your comments. 

I'll look at more examples and try again being more specific to the points they raise in their statement.  It's like a different language to me!

[RC710]

Hi, 

Is this more along the right track? Mindful that I am running out of time. Will it be ok to post Wed, special delivery to arrive on Thurs (court is next Thurs)?

IN THE ******* County Court 
Claim No. ***********

BETWEEN:
Claimant
***********

AND
Defendant
************

_________________________ ________

WITNESS STATEMENT OF **********

I ******, being the Defendant in this case state as follows;

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed - 10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

3. Paragraph 5 is noted. I have had financial dealings with The Student Loans Company in the past. On receipt of this claim, I could not recall the precise details of the agreement or any debt and sought clarity by way of a section 77 CAA request. 

4. At the time of submitting my defence, the claimant was in default of this request, unable to comply with this request and was therefore unable to proceed and enforce the claim or request any relief. 

5. Paragraph 11 is denied.  I maintain that I was unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.

6. Paragraph 16 is denied. I maintain that default notices were never received. The Claimant is put to strict notice that default notices were issues to, and received by, me.

7. Paragraph 22 is denied. A Termination Notice by the Originating Creditor dated 28/10/20 (exhibit 20 – 24 of ‘LON1’) was never received by me.  The claimant is put to strict proof to further evidence and verify the service of the above.

8. Paragraph 29 is acknowleged.  I received a letter from the Claimant advising that ‘requested documents’ were available via the customer portal (page 46 of ‘LON1).  Alternatively the letter suggested emailing Drydens Fairfax and request the documents via email, but advising that I would be required to answer a selection of Data Protection Act questions.  It is my view that these were tactics to frustrate my section 77 CAA request and gain personal information from me.

9. Paragraph 36 is denied.  I did not receive a copy of the letter dated 22 March 2023 (pages 57-58 of ‘LON1).   The claimant is put to strict proof to verify and confirm that the exhibit at paragraph 8, pages 1 to 8 of ‘LON1’ are the true terms and conditions as issued at the time of inception and execution of the agreement.  The copies provided are illegible.

10. In accordance with CPR 31.15(c) I sent the claimant a £1 postal order to for their reasonable copying costs incurred in complying with my CPR 31.14 request.  The Claimant has assigned this sum towards the alleged debt without my consent and expressly against my direction.   The claimant, in their witness statement, fails to acknowledge the letter sent to me, dated 31/1/23 which evidences this action.   

Stay of Proceedings

9. Paragraph 38 is noted but unfounded and misleading to the court.  The Claimant did not respond to my request for information pursuant to CPR 31.14. Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial. Therefore the request to lift the stay should be denied as the above is not a true or accurate reason or occurrence of events.

Application to strike out/Summary Judgment

10. Paragraph 40 should be denied. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. The claimant is put to strict proof to respond as to why it presumes my defence has no reasonable grounds for defending given that all its exhibits are questionable or invalid with the current legislation.

13. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgment is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

I'd be really grateful for further pointers. 

Do I need to add my own exhibits - the letter dated 31/1/23 which show 20 odd pence being  used towards each of the loans?

[RC710]

So, with the lack of opportunity to defer included again.. 

 

IN THE ******* County Court 
Claim No. ***********

BETWEEN:
Claimant
***********

AND
Defendant
************

_________________________ ________

WITNESS STATEMENT OF **********

I ******, being the Defendant in this case state as follows;

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed - 10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

3. Paragraph 5 is noted. I have had financial dealings with The Student Loans Company in the past. On receipt of this claim, I could not recall the precise details of the agreement or any debt and sought clarity by way of a section 77 CAA request. 

4. At the time of submitting my defence, the claimant was in default of this request, unable to comply with this request and was therefore unable to proceed and enforce the claim or request any relief. 

5. Paragraph 11 is denied.  I maintain that I was unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.

6. Paragraph 16 is denied. I maintain that default notices were never received. The Claimant is put to strict notice that default notices were issues to, and received by, me.

7. Paragraph 22 is denied. A Termination Notice by the Originating Creditor dated 28/10/20 (exhibit 20 – 24 of ‘LON1’) was never received by me.  The claimant is put to strict proof to further evidence and verify the service of the above.

8. Paragraph 29 is acknowleged.  I received a letter from the Claimant advising that ‘requested documents’ were available via the customer portal (page 46 of ‘LON1).  Alternatively the letter suggested emailing Drydens Fairfax and request the documents via email, but advising that I would be required to answer a selection of Data Protection Act questions.  It is my view that these were tactics to frustrate my section 77 CAA request and gain personal information from me.

9. Paragraph 36 is denied.  I did not receive a copy of the letter dated 22 March 2023 (pages 57-58 of ‘LON1).   The claimant is put to strict proof to verify and confirm that the exhibit at paragraph 8, pages 1 to 8 of ‘LON1’ are the true terms and conditions as issued at the time of inception and execution of the agreement.  The copies provided are illegible.

10. In accordance with CPR 31.15(c) I sent the claimant a £1 postal order to for their reasonable copying costs incurred in complying with my CPR 31.14 request.  The Claimant has assigned this sum towards the alleged debt without my consent and expressly against my direction.   The claimant, in their witness statement, fails to acknowledge the letter sent to me, dated 31/1/23 which evidences this action.   

11. The claimant has not at any point provided any further opportunity to defer since the alleged default in 2020. Erudio been criticised by the Financial Ombudsman Service for this practice.

Stay of Proceedings

12. Paragraph 38 is noted but unfounded and misleading to the court.  The Claimant did not respond to my request for information pursuant to CPR 31.14. Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial. Therefore the request to lift the stay should be denied as the above is not a true or accurate reason or occurrence of events.

Application to strike out/Summary Judgment

13. Paragraph 40 should be denied. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. The claimant is put to strict proof to respond as to why it presumes my defence has no reasonable grounds for defending given that all its exhibits are questionable or invalid with the current legislation.

14. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgment is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.