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cosmicgirl79

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About cosmicgirl79

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  1. The letter from Drydens is asking me to respond to their letter: "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.
  2. They are only confirmation emails to say that I have made a payment. It doesn't have that much info on them. Is it worth calling Capquest? I also can't seem to find any paperwork from Capquest. I guess it was threatening letter - saying that Erudio have passed on my account.
  3. From looking at my emails - they wanted me to set up a plan.. I made three payments of £25 in 2017. Which I forgot about. So is that right that the SB claim is null? I stopped because I thought I had defered. But then I realised they had taken over the loan from SLC. I'm not keen to call Drydens - what can I do next?
  4. I completely forgot, I didn’t think as it was Cap-quest. I checked and the payment matches with the number in the POC. I don’t want to call Dryden’s although I’m concerned about the “legal” action. What do you think I should I do next? Nasty company!
  5. I have just been checking my old bank statements and it appears I made a payment to Capquest?! So does that definitely counter my SB defence?
  6. Drydens have recently responded to my defence. 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 the 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 client’s Claim against you and would therefore, invite you to now settle this matter without the need for further legal action." Then it says I have 14 days to make the payment or contact their offices. I’m concerned that it is “14 days” from when the letter was dated, however the letter only arrived this Tuesday (3rd December) although it’s dated 19th November. There isn’t a date stamped on the envelope. I really don’t want to make contact with this organisation. What can I do? Thanks
  7. It has now been 35 days and I have not heard anything. Is this the usual if they can't counter the SB defence?
  8. I filed the defence two weeks ago. I haven’t heard a thing. Is this usual?
  9. Very helpful links - thank you Defence sent! Surprised Erudio or Drydens haven't responded to my request!
  10. So it's a no and then it's sent? The website is just wrecking my head!
  11. I see on the website it says I will need to pay the appropriate fee as listed in the table before you can submit your counterclaim online. - Just wondering about that?!
  12. This question on the MCOL WEBSITE? - Do you wish to make a counterclaim?
  13. Hi, I sent the CCA request and CPR 31.14 - I sent this almost two weeks ago on the 2nd October. I have not heard from either. This is what I’m planning to add in the defence which I will tonight - it is due by Friday 18th OctOber this week. I just wondered if what I’ve written below is ok? Thanks to all for advice and wise words. 1 The Claimant's claim was issued on (insert date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.
  14. Thanks for this - sooo much - I have been very confused. I wasn't sure if there was an official timeline. And is it compulsory to file the defence? i have read many mixed threads. So it doesn't make any difference what date I file the defence as long as I do before the deadline.
  15. I’m looking at the other posts and different threads. It’s getting clearer for me. The only thing I can’t seem to understand is when to file the defence. So I’ve read to do it at the same time of sending the AOS and then I have also read not to send it just yet. I’m concerned I’ll make a mistake. Just being extra cautious.
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