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Lopeylou

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  1. Yes found out a few hours before that it was adjourned, so that has saved some stress. Will have to wait and see what happens next. Thanks for the help with this matter, made it all feel a lot more manageable.
  2. Okay thanks for that. so I don't need to do anything else and I can make the SB defence argument in court, but it might not be accepted because of that. if they do have any evidence that there is a contract and the statue barred defence isn't accepted I'll just have to accept that, and the debt? Thanks
  3. I agreed to adjourn, and they sent off the document to the court and cc'd me in. However I rang the court to check it had all been processed okay and was told that as a fee had not been provided the consent order would not be applied and the hearing is still tomorrow! Not sure what to make of that. As it is now going ahead can I use the statue barred defence? They only thing I have done for this is email the SB defence shown earlier in the thread to them and the court. Also if I can use it does that rely on me continuing to deny that I am in breach of the contract. If they have evidence that such a contract does exist that would make it difficult to continue denying. Thanks for all your help with this.
  4. Well that is what I was thinking, so ill agree to adjourn. Sorry must have misunderstood about the defence. Does that mean I need to do it again this time with a witness statement?
  5. I've just checked my email after sending off the SB defence yesterday and after they had received the documents I wished to refer to in court. They are saying that in light of this they wish to apply for a deferment of the case, and want me to sign a consent order asking for the case to be adjourned for at least 35 days. Suggesting that during this time we work together to resolve the situation without legal recourse. That sounds like a positive to me as it suggests to me that they are not confident in getting the result they want. Personally I would rather avoid having to go to court tomorrow but then wonder if giving them more time would be a mistake.
  6. Hello andy Sorry for the slow reply. I thought I had responded to this yesterday. The date of the letter informing me of their application was 30th October and the one advising me of this hearing was 12th November. Does this mean that they filed the N244, and therefore I just need to place the above with the necessary information in an email? I don't need to fill out the N244 form as well? Thanks
  7. Hello 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. Many thanks
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