On 08/12/2020 at 15:04, dx100uk said:

how about a cheeky dig at... if the last deferment was stated by them as 2008..is this not now SB'd?

indeed?

No indeed but i think you advised to send it asap regardless?

Thats understandable thank you again a few days wont matter hopefully. They made application 11 nov 2020 so im outside the 7 days you mentioned, but it fell in lockdown so hoping there is some flexibility with this due to the current climate

Thanks alot Andy, will grab some more paper and ill make another donation as soon as home. Regardless of the outcome thank alot guys!

i think your post numbers are different to mine?

This is what i have so far

ERUDIO WS2.pdf

Right thanks Andy i couldnt find that, so owner relates to erudio

ill leave my WS as is then and post in a couple hours

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

1 minute ago, Andyorch said:

 

 dam

Yep massive dam, i was excited for a moment

How about this? If they state my last deferment was Oct 2008 then that was my last deferment?

I cant see anywhere else where it states my last deferment was otherwise

Scannable Document on 4 Dec 2020 at 13_12_42.png.pdf

hi Will because it states the deferment processing from that date on the statement, thats what it normally says when a deferment is applied to the account? Dx100uk did you see something different as to last reference to deferment? the only thing i can see in their letters to me is that my last deferment was 2008

Thanks DX100uk and thanks Andy, unfortunately the DN upload missed the top of the page when i scanned it, the one from erudio application to the courts shows 13 oct 2016, is this the one you are referring to as my posts are different to yours? presuming this is the one you are referring to from my post 123 on wednesday 12.44

Please see rescanned DN

Scannable Document on 4 Dec 2020 at 13_12_42.png.pdf

Yes im sorry i made a mistake i edited the WS to the 13 Oct 2016

Apart from that is it ok, anything to add?

dammit sorry yes ive been working all night amd tired, amending now

Thanks again

im getting confused the default notice in their WS is 13 oct 2016?

so far i cant see a default notice but they state 13 oct 2016, im trying to find documents now

ive gone through all documents no DN but they include one in their application dated 13 oct 2016

im being an idiiot, its late, ive corrected those dates and will submit tomorrow unless someone states otherwise

WS and docs attached

is this ok?

REDACTED ERUDIO WS FINAL COMPILED_compressed (1).pdf

Refused maybe the wrong word but in the letters they continue to 'ignore' my deferment forms yet acknowledge my complaints

33 minutes ago, dx100uk said:

erudios letter dated jan 2019 [page 3 pdf] clearly states the SLC Loan has not been deferred since 2008.

 

earlier they state in a letter dated sept 2014 you are in deferment still, which would tally with your last deferment direct to SLC before the sale in 2013 as that runs for 12mts from apr 2013

 

last deferment you agree with is 2013 too

claim issued - 3 june 2019   

 

the debt is statute barred

defence stands.

 

Ok great so shall i draft a WS response to their application and send to court/dryden?

Hi guys, I have uploaded some other documents that may help.

On page 3 you will see a letter dated from them in January 2019 that my last deferment was on ninth October 2008.

Notice of assignment shows November 2013

Student loans statement shows last balance entry 2013

This all started due to when the account was transferred to them, I continued to send the original deferment forms which they repeatedly refused. They have stated in these letters I was deferred up until 2014. In 2015 letters they have acknowledged all of my multiple correspondence, failing to respond to it and addressing my complaints. Even up until the letter dated 2019, they still acknowledge my ongoing complaint

None of their correspondence has given me a notice of default either despite them saying so prior to claim

Shall I still prepare my witness statement? And should I include these documentations or can i now only move forward with the grounds of statute barred, which seems questioned. The only thing I can see is that they state my last deferment was in 2008 in the letter from page 3 and use this if it is from the date of last deferment?

Scannable Document on 3 Dec 2020 at 10_37_40 .pdf

Ok great thanks Andy, wow yes indeed

Ok im going to get something together by the weekend, and then post up here. Guessing i send hard copies to both parties once its ready

HI Andy, 7 days from when? this came on the 11th Nov and the letter just said to await the judges decision so i wasnt aware i needed to submit anything? Shall i do it now or is it too late?

isnt the agreement on page 25? the next page after the ppi

Ill go home and read the hard copy properly

Update/recap -

Sent CCA/SAR req to Halifax as above they couldn’t find a record and requested my full name address etc to locate me… i didn’t bother. Have just kept communication to to a minimum

CCA from DCA now Intrum, and as above DX100UK found that in post 7 “that's not a signed CCA [its for payment protection] the sheet they need is the reverse of that read it! and the full T&C's are missing pages”

DCA sent me PAP in march 2019, i replied standard PAP protocol as below.

They completely ignored, no contact until 24th Oct 2020.

They have again sent PAP but with docs this time no PAP form though.

im just going to send the same again, and CCA/SAR Halifax again also.

I’ve uploaded all documents they included, there is a set of generic T&c clearly state effective from 2014 on them, the T&Cs do have my name on first page of them, some of the font looks different towards the end of it though but the supposed CCA (PP agreement) its dated 2011

Also they state in their letter the OC cannot provide a Default notice but provided a screen print of when sent.

PAP reply form from CAS here:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp
 
box D ticked
 
I dispute this debt because..the debt purchaser has yet to provide any or all of the required documentation.

This time i will write - i dispute this debt as the debt purchaser has failed to comply with my CCA request in a satisfactory manner
 
box I ticked
I am requesting by way of a CCA Request the signed agreement. AND INCLUDE a CCA request found here:
https://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974
Include £1 PO
 
THEN also write I also require.. Written on a separate page:
 
a copy of the Default Notice
A copy of the Notice of Assignment
A complete set of statements detailing exactly how the debt has accrued detailing:
I. All Transactions.
II. any additional charges, by the original creditor or XXXX the debt purchaser or any predecessor DCA.
III. details of all contractual interest added by whom and on what date.
IV. List of ALL Payments made toward the Agreement
 
Also i will send CCA Req again to Barclaycard along with SAR Req

they replied before i could update this.

They responded to my PAP reply by simply sending the same again… attached
They have still failed to supply NOA and ND, and terms attached are for 2014 onwards signature date was 2011 however

DX100UK you previously said the agreement they sent me was a personal protection agreement (attached previously above) but i can’t see that, it says credit agreement at the top of it?

halifax cc 28 Nov 2020 at 22_35_17_compressed.pdf

Attached, they are pushing that it's not SB

claimants ws.pdf

yeh i thought that might be best, thanks alot, just need to make note of the dates

Just an update got a CC letter today with full application from Erudio/Drudens wanting to lift the stay , strikeout defence and summary judgement. Will hear from the judge in due course

Just an update got court letters - a hearing is set for march 2021. I need to submit hard copies of all supporting documents to all parties atleast 14 days prior to hearing. Should i hold off or get this out the way now? What i have submitted online is the final documents anyway right. Its juts i heard of the DC's sometimes trying to submit more info last minute

The remote hearing was today, the one i prepared the bundle and WS for. The judge simply said we will hear from court

- i received letter order notice to small claims track

- received remote hearing letter

- just had remote hearing today

- advised in call we will receive further notice with standard 14 day pre court hearing date request for all documents. tbh it was a bit mumbled but presuming we will recieve further communication with final hearing date.

Just thought it was odd, all the judge wished to know was if he could help with the dispute at all, would let me speak just to say if its still in dispute or not

Just called the courts, was advised this was a preliminary hearing and details now passed to the audit team who will draft an order and i will receive further notice in the next 5-7 days

HI Andy, ive uploaded everything and redacted already. This was my remote preliminary hearing for which i had to create my WS and bundle in the last few posts?

What is it you want me to upload, court correspondence? attached redacted.

courts.docs.pdf

Well i didn't expect that. A preliminary hearing is where they try to see if they can help resolve the dispute?  We will be given a final hearing date in due course. i wouldnt have thought with such a case there would be this process

Phew!! Thanks Andy!