Erudio/Drydens Claimform - old SLC Loans

[jayrol251]

Any advice would be really appreciated.

My loan was 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 Dryden debt agency.

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 so 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