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iabb

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  1. I’ll post up the notices later so you can see. In work at moment. So far they have failed to produce a default notice or notices of sums in arrears, only this maturity notice and a termination notice neither of which give any opportunity to remedy a breach or any timescales for doing so
  2. So how do I argue that effectively in my defence?
  3. Will do DX if I redact a copy of the termination notice can you take a peak as well please?
  4. DX looks like I’m the first set aside! Read my thread here......
  5. Ok guys, so I’ve had my bank statements back, and it looks like the last dd to student loans company was 10th September 2013-arrrghhh! So if they produce a statement of account, it’s likely that this will show, and the amount won’t be statute barred, I took 3 loans over 3 years, so I’m not sure how payments would be allocated or whether the payments were allocated pro data across all 3, although erudio only have 2? Anyway, will wait for statement of account and look at that when it arrives to see whether I have any hope under statute barring. If that hat is a no go I will then need to argue on the basis of process. Court already accepted paperwork hadn’t been received and the only notice they issued was a maturity notice in jan 19, then a termination notice in Feb 19. The termination notice does not give a date to remedy the breach-would it help if I posted it? Credit agreement contains all prescribed terms so is valid, so my defence is likely to be solely based around the process and termination. If im honest im struggling with interpreting the wording of section 98, or finding anything on maturity defaults that doesn’t relate to mortgages or default processes can anyone help?
  6. Thanks DX. Just trawling through section 98. Any useful pointers on refuting the matured argument?
  7. Thanks Andy. I don’t suppose it would hurt to try and make it as a point, but then if court doesn’t agree move on to the enforcibillity issues? ill come back when I’ve crafted an out line defence and have a good read through the links above. Your a star!
  8. If the court ruled they should have known I was not at the address that court paperwork was served, would that work as far as any termination notice and pre action protocol is concerned too?
  9. Thanks Andy, is there anywhere you can signpost me to on in terms of where that is set out so I can read up? Any views on the address point?
  10. Hi guys. Starting to think about my defence well in advance wasn’t quick enough in court to raise this issue, indeed this is very much a 5am thought. So the court accepted procedural error under 13.2 (rather than exercising discretion under 13.3) as the claimant had reasonable cause to believe that after 5 years of unanswered correspondence that i was no longer resident and it should have made additional checks Does it therefore follow that the court will have to accept accept that the termination notice served by erudio in 2019 will also have been deffective and that they have also not complied with the pre action protocol appropriately as the letter before action will also be improperly served and as such they have no legal redress? If the above doesn’t automatically stand, Their argument against statute barring yesterday was that the cause of action (I.e termination notice issued in 2019 as the loan had matured) was within 6 years and therefore not statute barred. My argument will of course be that the debt was barred before service of any termination anyway, but if the court was minded to accept that they restarted the clock, would they have to prove that the notice of termination had been properly served? Lastly for now, I cannot find very much info on matured loans and course of action at maturity that gives rise to valid civil action. They have only served a termination notice , no default notice. Is this correct? They said as the account had matured they don’t need one, but everything that I can find seems to relate to mortgages and includes a default process? Sorry its a long one, but thanks in advance
  11. Would I be best continuing on this thread Andy/DX? Or starting a new one? Thank you
  12. Judgement set aside with an order for costs under 13.2 as judge believed claimant had reasonable cause to believe I wasn’t at address and should have made enquiries as per cpr. 6 weeks for them to produce all documents including a full statement of account and witness statement and then a further 2 weeks for me to amend my defence in response thank you so much for your support, I will come back with some further questions on matured accounts and termination notices if I may, as they are relying on the termination notice to invalidate my statute barred claim
  13. Andy i filled to set aside 2 weeks after finding the default judgement. It took me those 2 weeks to find out what the judgement was in relation to
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