Erudio/dryden's nightmare

wiseladycakes

I'm at my wits end here - starting to get very anxious about it all.

In September 2019 - Erudio (who took over my student loan) issued me a court claim form. The Claim is for £6,175.88.

Dryden's are acting for Erudio (who took over the student loans in 2013). Such a nightmare because they didn't seem to want me to defer. They appear to be a nasty company to deal with.

I'm a bit confused because Drydens are solicitors for Erudio but they are not debt buyers and have not and can't buy debts or raise a claim.

I have an old-style student loan. However, I have had big gaps in communication from Erudio - now Dryden solicitors are communicating with me. I last deferred in 2013.

On the claim form, it said "the debt was assigned to the claimant on 22/11/2013" - so I presumed that the debt was now statute-barred.

I filled in the form online and used the Statute barred Defence. It was due by 18th October. Only last week, I received a letter from Dydens. However, it was dated 19 November.

It says: Having now had the opportunity of discussing the Defence with our client, we enclose the following documentation addressing the issues you raise in the Defence and in support of our client’s Claim against you: The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980 (the act). By section 29 of the act, there is fresh accrual of the relevant limitation period upon each part payment. We can confirm that the last payment was 18 April 2017 in the sum of £25.00. The limitation defence which you have filled is, therefore, without merit.

Then it goes onto say, we are in a position to progress our clients Claim against you and would, therefore, invite you to now settle this matter without the need for further legal action."

I realised that back in 2017 I made a payment to Capquest - Erudio passed it onto these people.

The letter ends with: "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."

Obviously I don't want to ignore it. I'm aware that as of today my claim is stayed so I'm not too panicked for now... however, I'm uncertain what to do next?

I was always told never to phone a debt collection agency. What do you think my next step should be?


I appreciate any advice. Thank you.

WhenIam64

I'm aware that as of today my claim is stayed

Claims can be unstayed as they have said. What was the reason for the claim being stayed? Was it not paying a fee to the court?

Seems that your defence of SB will not fly, so if they do unstay it then it will go in front of an Allocating Judge who will look at the papers and may decide to strike out your defence and award the Claimant.

Is there another line of defence to the SB as you can put in an amended defence by paying a court fee. Drydens are solicitors and are merely acting for a client.

wiseladycakes

The whole situations feels really messy...

I submitted a deferral to Erudio and didn't hear anything so assumed the account had been deferred. And then passed it onto Capquest and then Drydens.

would appreciate any advice.

WhenIam64

so assumed the account had been deferred.

Classic error. You have assumed that the contract can be varied unilaterally on the "silence is approval" concept. Instead Drydens are maintaining that any agreement to vary is bilateral on the "meeting of mind" principle.

To decide which of the methods is correct, a judge would go back to the wording of the original contract which IMHO would be bilateral. But get the contract out and check the small print.

Is there another line of defence to the SB

Is the assumption you made above, the only other defence you have?

Judges will always check the wording of the contract for guidance. Assumptions are worthless.

wiseladycakes

Thank you for your response, really appreciated.

Sorry to be so dim on this... where would I go to check the exact contract? What am I looking out for - a specific sentence?

wiseladycakes

Also I'm starting to think Erudio didn't send me Deferment Application Forms. I feel there were gaps in communication. All seems so unfair.

WhenIam64

where would I go to check the exact contract?

Also I'm starting to think Erudio didn't send me Deferment Application Forms

Subject Access Request. It's a standard approach as when you get to court, the judge decides on the paperwork. If you don't ask for it, you will be sitting there with their selection of paperwork rather than yours

wiseladycakes

So what do I need to do?

I'm so muddled with it all. I ask Erudio to send me the Subject Access Request?

I received their last letter almost a week ago so i'm a bit worried about this response to my defence. I'm not keen on contacting Dryden's (as I think they have taken advantage of the student loan takeover) however I don't want to ignore their letters. Especially as they said "The limitation defence which you have filled is, therefore, without merit"

WhenIam64

What outcome do you actually want? The more specific you are the more likely you'll get a clear answer. At the moment you are flapping around.

wiseladycakes

Thanks for your response, really grateful...much appreciated.

I want to make sure I'm doing the right thing. I messed up the defence. I'm confused because I thought I had deferred with Erudio, however, now I realise they never sent me paperwork.

I'm aware Dryden's are solicitors for their clients Erudio and that they are not debt buyers and have not and can't buy debts or raise a claim.

Also your last post about the Subject Access Request. Do I contact Erudio for that?

sourcrates

wiseladycakes wrote: »

Also your last post about the Subject Access Request. Do I contact Erudio for that?

Hi,

You make a “subject access request” to Erudio.

Basically this is a request for all information they may hold about you and your account with them, it’s one of your statutory rights to obtain this information.

Go to the ICO website, where you will find a template letter and further details :

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/