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Posts posted by patterns

  1. The judge


    if a claimant failed to include why a stay was put in place, when they had 4 grounds listed on their application for the appeal of stay, the first being to lift a stay. If they cant provide the reasons for the stay, the case cant proceed.


    Makes sense, if you are wanting to lift a stay, you as the claimant need to provide the documents of original stay. Doesnt matter if the defendant even explains it or includes original defence, the claimants duty is to provide this information in their application, as a stay of SB must have been put in place for a reason.


    Im annoyed as i feel i wouldve won this and hopefully have it struck out. But none the less, lets see if they have balls the re-apply. i will be ready. This isn't a bad thing though is it? They dont have a leg to stand on

  2. Hearing was dismissed before it started!


    if an application is requested for a stay to be lifted, then the claimant must first provide information as to why that was put in place. if they cant, it is dismissed and cannot proceed.


    I believe the claimant has right to re-apply. we shall see if they do


    I was extremely well prepared for this, Andy your WS was solid and i spent a lot of time getting this right in my head. Being my second hearing i was a lot more confident


    I also found a couple interesting articles:


    - https://www.moneysavingexpert.com/news/2015/02/revised-erudio-deferral-form-available-from-today/
    - https://www.moneysavingexpert.com/news/2016/04/student-loan-deferment-forms-missing-in-latest-erudio-blunder/


    And many records with the FOS



    • Like 1
  3. Right! Ok understood thank you Andy. Submitting this evening or tomorrow morning.


    Hi DX100 - About the undated default notice... that was sadly just my scanner missing the date alas, but we previously did discuss and its been built into the WS - DN date was october 2016


    Just to lastly clarify the date they acknowledge as my last deferrment being 2008, is this the point from which you accrue the 6 years for SB? Therefore by the time they submitted the DN in 2016 it was already SB, even though i was communicating with them in regards to not accepting my deferrments?


    Just not entirely clear the exact point which you can start the SB clock, as I noticed this new WS seems to focus more on the CCA than reference to SB. typically SB : 'For most debts, the time limit is 6 years since you last wrote to them or made a payment' But what conext does the writing have to be? Last payment/deferment was 2008, but are my letters trying to defer and requesting CCA etc considered breaking the SB clock?

  4. Hi Guys,


    Hearing is in a couple days and still not had a trial bundle through from erudio. i know they included documents with their app to lift stay prior to hearing dates set, but surely they should also be following the protocol outlined by the courts?


    i am receiving their emails as they have sent through a statement of costs yesterday


    One thing i was unsure about in the WS:

    "6. (You will have to insert here how you did eventually sign their forms and what dates submitted and deferred dates etc..etc. and how the default markers were removed after contacting them.)"

    i never signed 'their forms' only the original SLC ones. I have the deferral dates i submitted and even all the postage receipts and deferrment forms - should i need to include these in my exhibits?


    And also shoud i add the points you raised about reconstructed NOA, DX? Also presuming they can charge what they want for the fees. I noticed they charge £410 court fee, but also £255 application fee and £155 agent fee! Fees total £1600 which hurts but i deferred as i was supposed to, i did nothing wrong in this matter so im hoping the Judge sees this.


    Once again Andy, thanks alot for the WS and both you and Dx100 for all your help.


  5. Thanks Andy,


    To be honest no, i dont think so it just tries to fluff up their claim from what i can see. i will just submit what i did for the preliminary hearing which i posted up here before.


    One thing im curious about is 2 hours are allocated. The only experience i have had with judge/magistrate is setting aside a SD some 15 odd years ago, which lasted 10 minutes. Is there some guidance or resources for the type of questions i may be asked and how to prepare myself in the hearing?

  6. Quick update guys i got a letter stating they are not procoeeding at this time! Good news for now.


    This will be 6 years SB end of this year. However i noticed when looking at my credit file, the original debt is nulled and the default is now under Moorcroft with a default date they obtained, so 2018 not 2015.


    Im right in this is irrelevant and it is the date of original debt, once that passes 6 years it is removed from my file? on paper it appears to look like a new debt

  7. Yes indeed DX100 i read about that and i continued to follow protocol allowed in regards to defement which by their own admission continually ignored for multiple years


    You think i should add this about the debt buyer being able to issue a DN or leave as is? i can only see 3rd party websitees stating only a lender can issue a DN but not anything direct


    hoping to post this today as im aware im already a bit late but hoping the current climate and recent lockdown will permit some leniancy

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