Appreciate any help with this.
I have previously had dealings with Dryden/Fairfax solicitors.
Apparently Erudio bought some student loan debt of mine from the SLC.
I was unaware of this as they consistently sent all correspondence to a previous address.
in June 2017 I noticed some beneficiary trace searches on my credit report against an old address.
Worried in case it was anything serious I called at my old address to see if I had any mail there relating to it and discovered two county court claims lodged at Northampton from about 3 months earlier.
I quickly submitted a defence, and I also wrote to Drydens asking for the relevant document but heard no more and was aware from court document that this meant that the proceedings had been 'stayed'. Though in earlier 2018 I noticed that Erudio had carried out more beneficiary searches this time against the correct address.
Now nearly two and a half years later I received notice from my local court that the are asking for a hearing to remove the stay, strike out the defence and move to summary judgement. Foolishly I rang the court who told me that the hearing wouldn't be listed till the new year,
after spending a few days away at relatives I returned home on Saturday to see that the hearing had been listed for Friday and a letter from Drydens Fairfax stating that I had to share any documents I intended to use with them at least seven days before the hearing, which at that point was impossible.
I spoke to a solicitor who stated I didn't need representation and would be able to defend myself as such.
He also reckoned that as long as I shared the information in the best time I could the judge would allow it.
I also contacted the court about the issue, but could only speak to a court clerk who could offer no help and told me to email describing the situation.
I have done this but have not heard back from the court I plan to ring back this afternoon.
Regarding the CCJ aspect I feel I have a good argument, if I am allowed to use the docs.
-I have a letter from SLC pre dating the sale of the loan sent to my correct address.
-They have also had access to other SLC docs which had my correct address on.
-I have a credit report showing beneficiary trace enquiries carried out against the correct address.
Despite all this they continued to send all documents to the address I had only lived at briefly in 2013.
I am hoping that will put me in a good position to not receive the CCJ as I have not been given any opportunity to deal with the matter.
However ideally I would like to not have to accept this debt at all.
But they have also included in their pack copies of the original credit agreements which I think wipes out my initial defence of not recognising the debt.
Is there anything else I can do.
Their statement notes that the last time the loans were deferred was in February 2013.
Can I argue that the debt is statue barred and if so how do I go about this?
Also if they argue that my documents cannot be used is there anything I can do about this, it seems unfair that I am penalised just because I only had short notice and was away at the time the letters were delivered.
Sorry for the long story but as noted any help at all at this point would be gratefully received.