How to proceed with lump sum offer for Erudio or should I go to court?

[Foamhand]

In 2019 I received a court citation for defaulting on student loans from the mid to late 90s - I was unaware I had defaulted, especially given HRMC was taking SL repayments after I started a new job the previous year.

Throughout my dealings with Erudio's solicitors Shoosmiths, I thought their client was in the wrong for failing to send deferral papers. I repeated this assertion repeated but Shoosmiths and Erudio never responded. I believed I had never changed my contact address.

Then last year a FOI revealed that I was wrong. I had changed my address in 2014 - I have no recollection of this but years of taking a variety of medications will do that to the memory.

After the shame and embarrassment of my costly mistake dissipated it was replaced with anger, anger that Erudio hadn't produced this document 5 years ago, the anxiety, the bouts of depression and insomnia sparked by their lack of communication could have been avoided, their impact lessened.

With that firmly in mind I've decided I want to pay Erudio off and end this nightmare - something I would have sought to done five years ago if only I had known. To do this I'll have to take out another loan from a third party.

I have never reached the threshold for repayment and I don't have any savings or assets. I'm also having to factor in the unknown but considerable cost of private treatment for a condition that precludes me from working full-time. My current total is approx £6,500 - not including any interest garnered in the last 5 years.

Given I'm going to be paying one lump sum, and given this could have been settled 5 years ago, my instinct is to offer less than the total, and if that's refused go to court (Erudio awarded me £100 for repeatedly ignoring my questions but never paid, that was over two years ago).

If it went to court would any of my complaints, treatment at their hands matter or is it just black and white, you were wrong, pay what we say and we'll treat you however we like, leave the interest metre ticking and get away with it?

Were Erudio just being their usual unprofessional, inept selves and never thought to check my file, or did they knowingly ignore the change of address document and by doing so kept the file open and the interest metre running?

Any advice would be very much appreciated.

Thanks.

[echat11]

Hi FOAMHAND

Welcome to LB

You can make offers to settle the debt, but write the following on the letter you send,'Without Prejudice', so they can't use the 'offer letter' as evidence against you if the matter goes to Court. Make sure you get Proof of Postage.

Remove the bits which aren't correct, personalize the letter.

https://www.nationaldebtline.org/sam...tlement-offer/

If the matter goes to Court, everything else in your post you can use as evidence in your Defence.
You should send Erudio a Subject Access Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[Foamhand]

Thanks you so much for your time and the information.

If I was to offer to pay the £6500 (Erudio's figure) in full what would happen next, would the debt be paid-off? I ask because the total Erudio have given me doesn't include any interest garnered over the past seven years they've been messing me about. Could they try to hit me with a separate bill for interest or legal charges for the 2019 citation?

Thanks.

[echat11]

Thanks you so much for your time and the information.

If I was to offer to pay the £6500 (Erudio's figure) in full what would happen next, would the debt be paid-off? I ask because the total Erudio have given me doesn't include any interest garnered over the past five years they've been messing me about. Could they try to hit me with a separate bill for interest or legal charges for the 2019 citation?

Does an SAR differ from an FOI?

Thanks.

a) If I was to offer to pay the £6500 (Erudio's figure) in full what would happen next, would the debt be paid-off?

How ever much you decide to offer, you don't have to start at £6,500 (see link below). The offer letter should have 'Full and Final Settlement' written on it. If they accept, then that is an end of the matter. So you can't be chased for further monies.

https://www.nationaldebtline.org/fac...ent-offers-ew/

b) I ask because the total Erudio have given me doesn't include any interest garnered over the past five years they've been messing me about. Could they try to hit me with a separate bill for interest or legal charges for the 2019 citation?

Answered in (a).

c) Does an SAR differ from an FOI?

A FOI generally only answers one question, where a SAR requests all the information over a 6 year period. The only reason I suggest a SAR is that will show that you have connected them, but they have fallen short in their dealing with you.

[Foamhand]

Thanks again for your help, it means a lot especially since I've heard and read so many horror stories involving Erudio and Shoosmiths (now replaced by Equivio) - at times it's all a bit overwhelming.

Hopefully this is my last question - Equivio want me to complete an expenditure form, is that something I should or shouldn't do or is the offer letter as much as is required?

Thanks.

[echat11]

Thanks again for your help, it means a lot especially since I've heard and read so many horror stories involving Erudio and Shoosmiths (now replaced by Equivio) - at times it's all a bit overwhelming.

Hopefully this is my last question - Equivio want me to complete an expenditure form, is that something I should or shouldn't do or is the offer letter as much as is required?

Thanks.

If it's going to help with them accepting your low 'full and final settlement' offer, then it's a good idea.

When you fill in the Income and Expenditure form, take into account the cost of living i.e. cost of food, energy etc

Here's an I & E form.

https://nedcab.cabmoney.org.uk/

Remember you don't want to offer an amount which will leave you struggling with the basics and essentials of day to day living.

[Foamhand]

Thanks again, much appreciated.