Drydensfairfax, County Court Claim (Erudio)

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MrLahey
MrLahey Posts: 3 Newbie
edited 17 January 2018 at 11:22AM in Loans
Hi all,

I have just joined so a big hi from me!

This morning a County Court claim form arrived in the post from Northampton Court. It's a claim for 2.1k by Drydensfairfax Solicitors on behalf of Erudio Student Loans. The reason they state is that I failed to keep up repayments on "the loan"...I actually have 4 Student loans with Erudio so I'm not sure which one they refer to in the letter.

Anyway, I had been paying Erudio regularly for my student loans up until I did a bank switch from HSBC to Halifax back in Feb 2016. Halifax transferred all my DDs but I noticed after 2 months of the bank switch, Erudio had not taken any money via the DDs? A month later and I got incoming threatening letters from Eurdio.

I called them, and got a rather sarcastic "how did you not notice no payment for 3 months" from the smarmy git on the other end of the phone. I was honest and replied "because I don't give a (text removed by MSE Forum Team) about these loans"...so after some huff and puff from him, I coughed up the arrears and set up new DDs but this time on my Santander bank account. That was around April 2016. The Erudio numptie told me to cancel the DDs on my Halifax AC because "bank switching DDs doesn't work with us".

A few weeks later, I logged into my Halifax account and guess what? I'm overdrawn because suddenly the Erudio DDs came to life, but one DD got reversed by Halifax. So I cancelled the DDs and put some money into the Halifax account to get it back in the black.

So...with Halifax DDs cancelled, I thought things would be cool with the live DDs on my Santander account. Nope. Erudio haven't taken a single penny since they were set up?

3 months later I start getting threatening letters again. Not long after, I fired off a email to Erudio 'complaints' email address detailing the live DDs on my bank account and also told them how usesless the are. I got a delivery receipt and read receipt in return. A few weeks later, I had a missed call on my mobile phone and voice mail requesting I call Erudio with regards to my complaint. I called them back but the number the guy left in the voice mail was the main call centre number. The bloke I spoke to said he couldn't help because it was a complaint? He said he'd get "someone" to call me back"...no-one called me back.

And then started months and months of automated letters from Erudio saying that my agreement is terminated and pay up now etc. I could have called them back but I was totally sick to death of them. Believe it or not, but this is not the first time they have screwed up DDs with me and then I have to call them up, set up the DD for each loan and pay off the arrears on each loan etc...it's like a process which takes over an hour. I've really had enough of them!

So now this Drydens bunch are on my case and I've got this county court claim letter. I've checked my Santander AC and the Erudio DDs are sitting there as live DDs but have never been used? Why can't this dumb company simply take my freakin' money?

I'm not contesting the loans, or try to get out of paying them or get them written off. I've done the right thing since those clowns got involved and paid back what I owe on the agreed monthly terms. But those cretins just cannot get this right?

Now my blurb is out of the way, I'm just seeking advice as to what I should do next. Part of me says to I should defend the claim with the info I have and let it go to court. It's not that I have failed to keep up with payments it's that they have failed to TAKE the payments.

Thanks for reading

Mr Lahey

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    edited 15 March 2017 at 4:33PM
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    Regardless of the admin issues, it sounds like you're trying to make life difficulty for yourself.

    I'd pay the arrears and agree with them how to make payments going forward.

    But if you want your day in court, then go that route.

    However, you'll still then need to go back to the above step and pay the arrears, and agree how to make payments going forward.
  • Lolalou76
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    I have had a CC claim also. I have instructed a solicitor who is has taken them on before...there is lots that you can do before any judgement is issued so I would honesty do that. So many thing that need to be right from their side that layman wouldn't necessarily be clued up about. But from what I can tell its takes a solicitor to get answers from the. Unless you already have a CCJ or bad credit this is not worth 6 years bad credit score. It certainly isn't for me. What I would advise is to fill in the Acknowledgment of Service to give you more time to defend (or not) depending on what you want to do. Sounds like you have a good case to me. Good luck, I'm going to need it too I think but feel much more confident now I know someone is handling them for me (at a cost of only about £350 which to me is well worth it)!!

    x
  • MrLahey
    MrLahey Posts: 3 Newbie
    edited 17 January 2018 at 11:20AM
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    Just to update this thread.

    So I called up this Drydensfairfax bunch of clowns and explained the situation as I wrote in my opening post on this thread. The person on the other end of the phone said "I need to speak to the head solicitor about this"...after 10 mins of being on hold, the person said to me "sorry, but we're going ahead with the action against you...blah" and then started reading me my rights as if I was being arrested. So I told him to F off and put the phone down.

    I submitted my defence to Money Claim Online on 27/03/17 which was 4 days before the deadline. I can see on the Money claim site, that my defence was sent to this Dryden outfit at 16:01pm that day. Few days later, I got a letter from the County Court which advised that Erudio/Drydens (all the same people) had 28 days to respond. However, if they didn't respond then the claim would be put of hold, but they had the right to re-open the claim later on???

    So here we are, 1st June 2017 and still the last response/document in this whole Erudio mess in the Money Claim portal is my defence.

    (Text removed by MSE Forum Team)
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
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    Hi MrLahey,


    I can understand your frustration in a situation like this, just make sure that you stay on top of your post and get more advice if anything else crops up. I just wanted to make you aware that now you have filed your defence they have 6 months to proceed with this claim (so effectively reply to your defence and let the court judgement process continue).


    If a request for judgement/ default judgement is not made within 6 months (following the period for you filing your defence) the action will be stayed and the creditor will need permission from the court to lift the stay and proceed with this claim (this would also cost a fee). If this is denied they would need to start a new claim. Best of luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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