Thanks Andy, I'll request it now. Px

The judgment was sent to an old address. Drydens sent all correspondence via a paginated email. The letter sent after they were granted judgment merely asks that I “provide a proposal to repay the debt” There has never been a request for payment in full. Px

Thanks Andy. There is an outstanding amount showing in Drydens online portal but as yet I've not received anything in writing or email. I was concerned I hadn't heard anything for two weeks since the hearing, I'm also eager to get a payment plan in place so I can get on with my life. I'll sit tight until I hear from them in that case. Many thanks, Px

Thank you. So does varying come under the tick box 'I wish to apply fo a reduction in the instalment order'? It seems odd to request such a thing when I haven't received said order. Cheers, Px

Thanks Andy. Do you have any idea what the 'local number' relates to at the top of the N245 form please? No amount of web/forum trawling has produced an answer! Many thanks, Px ...also, I have not received a judgement order, there is no tick box for my request to pay what I can afford, only: suspension of the warrant and/or a reduction in the instalment order I'm really not sure how to proceed! Please help! Many thanks, Px

I’ve not received anything since losing my case 13 days ago today. Do I send an N254 to the court? Cheers, Px

Evening, I can't afford to pay the £2500 so I went to set up a payment plan on Drydens customer portal. I started to fill in the standard financial statement but it asks about my partners income and vehicles in the household. I'm happy to disclose my own finances, not my partners. Is there a better route or do I need to comply? Cheers, Px

It was the only judge! My first and only hearing.

Hearing done. I lost. Judge deemed Erudios DN date sufficient cause of action. Also, my delay on responding went against me. A win for Drydens. Many thanks for your help though guys. I’m off to a festival now, time to forgot about this whole debacle! Px

Thanks Andy, that is helpful. I have been trying to find some concrete information on when the clock starts, no success! Do you have any links or examples I can draw from? Regards, Px Hi Dx, National debt helpline say: “The cause of action (when the limitation period starts running) for simple contract debts is usually when your agreement says the creditor is able to take court action against you. With some agreements, this will be after a default notice has been sent to you and then expired.” I can’t find any reference to when a breach has occurred on my SLC contract. Do you have something I can reference? Regard, Px

Ok cool. In that case I’ll tidy up that statement and hope the judge doesn’t fall for Drydens bull! Hopefully they’ll allow me to submit tomorrow.

Exactly. I just don’t know how to defend the point in my hearing. I’ve read the limitations act and consumer credit act and I can’t find a concise definition on when the clock starts. As Andy says, it’s a grey area!

My 96 loan deferment period ended on 24/03/2014. It took Erudio 3 years and 4 days to issue a default notice!

I had also mentioned that Erudio and Drydens made no attempt to contact me at my address registered with the SLC at the time, all correspondence was sent to a an address I hadn't lived at for over 10 years. I'd kept my addresses up to date with the SLC. I thought this would be a good 2nd line of defence. I believe Badgergirls hearing hung on a similar point and SB claim was ignored. Px

Thanks Andy, and thank you Dx. Is this for me to ask in the hearing or do I see if the court will accept an additional statement at this late hour? Px

That’s right

This is a set aside for the 96 loan. I paid the 2000 one. Screen Shot 2022-05-19 at 08.16.50.pdf This is a supporting statement. I sent a brief statement in January with my N244. I sent it last night to my county court but retracted it this morning when I realised I'd laboured over the wrong dates for last written acknowledgment. I'm now in doubt of which dates are which on the SLC DSR Can either of you shed any light on it? My hearing is next Wednesday. I feel like I might have messed this all up now! Really stressing out. Px

Thank you! So sorry for being so dense Sorted: Addressing points 21,22 and 23 the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice and to adhere to the rules of the consumer credit act 1974 section 87/88.

Just got back from work and trying to sort to send of this eve. I can't see the mistake you're pointing out in post 83. I quoted your correction verbatim. However, I am past myself so I may have missed the glaringly obvious! Apologies in advance! Px

Sorry! I’m struggling with this, was up until 2 this morning trying to word correctly Is there a quotable version of this I can copy?

Ok! I think it's about there, I've added those final points. Thanks again for looking this over! Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows; 1. The Witness – xxxx states in point 3 that: “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.” This in not true. I have never entered nor admitted to entering into an agreement with the claimant. 2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge. I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent. I have always kept the Student Loan Company informed of my current address. 4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date. Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT. 5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88. 6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
 8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days. (a separate costs sheet is attached). Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: xxxx Dated: 17/05/2022 Costs Sheet Cost of N244 application form: £255.00

well that was a waste of 3 hours! Ok, will do. Is there anything worth salvaging from the above? Does this make more sense?: CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT xxxx WITNESS STATEMENT OF xxxx I, xxxx of xxxx, being the Defendant in this case will state as follows; 1. The Witness – xxxx states in point 3 that: “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.” This in not true. At no time did I enter into an agreement with Erudio. 2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 3. In point 5 Andrew Moorhouse states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge. I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent. I have always kept the Student Loan Company informed of my current address. 4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date. Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT. 5. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 
 6. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
 Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: xxxx Dated: 17/05/2022

CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT xxxx WITNESS STATEMENT OF xxxx I, xxxx of xxxx, being the Defendant in this case will state as follows; 1. My student mortgage style loans were taken out in 1996 and 2000. I had deferred payment on time annually up to and including December 2012. 
 (I also have an income contingent Type 1 student loan taken out in 1999 and an income contingent Type 2 student loan in 2014. These are deducted directly from my pay). 2. Each time I moved house I updated my new address via the Student Loans Company online portal.
 3. I did not receive any correspondence from the Student Loans Company after about my deferment of my mortgage style loans. Student Loans Company had my contact details and my mobile number has never changed so there was no reason for them not to contact me. 4. The first I heard of Erudio was when Drydens Fairfax sent me a letter on the 28/10/2020 demanding payment for my 2000 mortgage style student loan. 5. After calling the Student Loans Company I discovered that my loans had been sold to Erudio on the 25/11/2013. 6. I called Northampton County Court Business and discovered that a judgment had been made against me on the 08/07/2019. 7. I discovered that the loan was statute barred and contested it with Drydens Fairfax, they insisted it was not, after several more conversations and the implied threat of bailiffs which caused me many sleepless night, I gave in to their demands. 8. I borrowed £2220 from my employer and paid Drydens Fairfax on the 20/11/2020. 9. My partner and I bought our first home and moved in on the 01/04/2021 10. On the 09/12/2021 I received another letter from Drydens Fairfax demanding payment again. 11. After investigation I discovered a judgment had been made against me on the 11/09/2019. 12. Obviously I was very distressed by the situation. After much gathering of information I discovered that the debt was in fact statute barred so I applied for the judgment to be set aside. I had no reason to ‘run away’ from the debt as I have never earned enough for repayment to be due. SUMMARY 13. My last written and signed acknowledgement of the debt was by way of a deferment form sent on 30/12/2012 directly to Student Loans Company Ltd. This was acknowledged by way of written correspondence from the Student Loans Company. 14. The Claimant's claim was issued on 16/08/2019, some 6 years, 7 months,17 days from the last written acknowledgment of the debt on 30/12/2012 by myself, the defendant. 15. The default notice was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the initial breach thus the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 16. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 
 
 17. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
 Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: xxxx Dated: 17/05/2022

Ah. I misunderstood the process. Do you think I could submit as an updated statement? will post at text shortly px

Hi there, Witness statement done. Could you give it a once over for me before I send? Do I need to attach any evidence (SLC SAR documents for deferment dates)? I forgot to mention that all previous letters had gone to an address I hadn't been at for nearly 20 years. Should I put that in as well? Cannot wait to get this over and done with! Many thanks, Px WSxxxx170522.pdf