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MCOL DrydensFairfax on behalf of Erudio
Hi
After 2 years of back and forth DrydensFairfax finally started an MCOL against me at the end of December 2020. To cut a long story short Erudio refused me deferment in 2016 for student loans taken out in 93,94 and 95. In 2016 I was on disability cover pay for long term illness and getting £839 a month. The threshold at the time was £2403 so I was nowhere near. The reason they gave me was because I hadn't provided satisfactory information. We banged heads about it for aaround 6 months and then Erudio went quiet. I assumed Erudio had finally accepted the deferment and thought no more about it. In 2018 I hit 50 years of age and as per the original terms of the CCA I understood that the debt would be written off.
In 2019 I got a pre court action letter from DrydensFairfax on behalf of Erudio requesting payment or reasons why I disputed that I owed the debt. I submitted several documents and a written statement including HMRC records from 2016 onwards showing I had never earned anywhere near the threshold then or now. It took nearly 12 months for them to reply with a copy of a default notice that they apparently issued in 2017 and a statement from 2018 that wasn't even on headed paper. I wrote back to them requesting a copy of the original CCA (which was with SLC) at the same time. No reply. In October DrydensFairfax sent me exactly the same pre action court letter that they hadsent me in the first instance. I wrote back again reiterating my position and again included the HMRC evidence I had sent previously. This time I also sent an official request for the CCA and an SAR in particular for 2015/2016 providing evidence as to why my deferment was originally declined and how that decision was arrived at. Again no response.
On 23rd December I got forms from MCOL stating DrydensFairfax had started court action against me on behalf of Erudio. I suspect they applied for it at this time in the hope I wouldn't have time to submit a defence within the 14 days because of Christmas and the New Year. I did however submit a very full and frank defence. The court acknowledged the defence and said they had informed DrydensFairfax and given them 28 days to reply, that if they did not in 28 days the action would be stayed. I did not receive anything from Drydens until a letter dated 26th January which simply said 'Please find enclosed information as requested'. All that was provided were the last 3 years of statements. I wrote back to them, provided a copy of the letter I had sent them In November and again asked them for the original CCA and the SAR, I also included £1 for the CCA. I also reminded them that, as I had perviously asked for the CCA and it hadn't been provided, they could not proceed with a judgement until they had. A week later all that correspondence was returned, along with £1 and a hand pencil written note on notepad paper saying 'No longer required' and absolutely nothing else. The note wasn't dated or signed and was not on headed paper. Could have been from anyone. Middle of February I got an official letter from Dydens acknowledging my defence on the MCOL and advising they required no further information from me and had sent the information already received back to Erudio.
Since then I haven't received anything from anyone. The MCOL is still sitting there with my defence of the 31st December as the last action on it. It's now coming to the end of July. Is there anything I can do in terms of getting it set aside? What happens now? Is it just going to sit there for all time or is there a time limit for how long it can be stayed for?
Received a claim? Yes
Issue Date:14/12/2020
Have you Acknowledged the Claim?:Yes
Total Amount Claimed : £6300
Claimant’s Name:Erudio Student Loans Ltd
Solicitors Firm
rydensFairfax
Original Creditor:Student Loans Company
Original Debt (eg. Credit card/Loan/Overdraft) :Student Loan
Particulars of Claim:
Is the debt Statute Barred No
List any letters you have sent CCA request, SAR request, full defence
Any Other Information or Background Details:see above
After 2 years of back and forth DrydensFairfax finally started an MCOL against me at the end of December 2020. To cut a long story short Erudio refused me deferment in 2016 for student loans taken out in 93,94 and 95. In 2016 I was on disability cover pay for long term illness and getting £839 a month. The threshold at the time was £2403 so I was nowhere near. The reason they gave me was because I hadn't provided satisfactory information. We banged heads about it for aaround 6 months and then Erudio went quiet. I assumed Erudio had finally accepted the deferment and thought no more about it. In 2018 I hit 50 years of age and as per the original terms of the CCA I understood that the debt would be written off.
In 2019 I got a pre court action letter from DrydensFairfax on behalf of Erudio requesting payment or reasons why I disputed that I owed the debt. I submitted several documents and a written statement including HMRC records from 2016 onwards showing I had never earned anywhere near the threshold then or now. It took nearly 12 months for them to reply with a copy of a default notice that they apparently issued in 2017 and a statement from 2018 that wasn't even on headed paper. I wrote back to them requesting a copy of the original CCA (which was with SLC) at the same time. No reply. In October DrydensFairfax sent me exactly the same pre action court letter that they hadsent me in the first instance. I wrote back again reiterating my position and again included the HMRC evidence I had sent previously. This time I also sent an official request for the CCA and an SAR in particular for 2015/2016 providing evidence as to why my deferment was originally declined and how that decision was arrived at. Again no response.
On 23rd December I got forms from MCOL stating DrydensFairfax had started court action against me on behalf of Erudio. I suspect they applied for it at this time in the hope I wouldn't have time to submit a defence within the 14 days because of Christmas and the New Year. I did however submit a very full and frank defence. The court acknowledged the defence and said they had informed DrydensFairfax and given them 28 days to reply, that if they did not in 28 days the action would be stayed. I did not receive anything from Drydens until a letter dated 26th January which simply said 'Please find enclosed information as requested'. All that was provided were the last 3 years of statements. I wrote back to them, provided a copy of the letter I had sent them In November and again asked them for the original CCA and the SAR, I also included £1 for the CCA. I also reminded them that, as I had perviously asked for the CCA and it hadn't been provided, they could not proceed with a judgement until they had. A week later all that correspondence was returned, along with £1 and a hand pencil written note on notepad paper saying 'No longer required' and absolutely nothing else. The note wasn't dated or signed and was not on headed paper. Could have been from anyone. Middle of February I got an official letter from Dydens acknowledging my defence on the MCOL and advising they required no further information from me and had sent the information already received back to Erudio.
Since then I haven't received anything from anyone. The MCOL is still sitting there with my defence of the 31st December as the last action on it. It's now coming to the end of July. Is there anything I can do in terms of getting it set aside? What happens now? Is it just going to sit there for all time or is there a time limit for how long it can be stayed for?
Received a claim? Yes
Issue Date:14/12/2020
Have you Acknowledged the Claim?:Yes
Total Amount Claimed : £6300
Claimant’s Name:Erudio Student Loans Ltd
Solicitors Firm
rydensFairfaxOriginal Creditor:Student Loans Company
Original Debt (eg. Credit card/Loan/Overdraft) :Student Loan
Particulars of Claim:
Is the debt Statute Barred No
List any letters you have sent CCA request, SAR request, full defence
Any Other Information or Background Details:see above
