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Everything posted by Badgergirl25

  1. Thanks Andyorch, I will file the witness statement as is today so that it is done on time and attach the NOD and Consent Order as well. I have just received the following which I have replied to and awaiting their call... Thank you for your email. I appreciate your apprehension in wanting to get the matter sorted, however, the letters were only sent to the Court 10 days ago. From dealing with the Courts every day, it will take them at least another few weeks to action any correspondence sent to them. We have agreed a Consent Order whereby the Claim is going to be dismissed and also filed a Notice of Discontinuance. The Claimant have absolutely no intention of continuing proceedings, and if they did, you have a signed Consent Order and Notice of Discontinuance showing that an agreement has been reached whereby proceedings have been dismissed. I hope this is of some assistance, however, if you forward me your telephone number, I will call you to discuss further.
  2. I have just spoken to the County Court and they have still not received the Notice of Discontinuance from Drydens. Apparently the NOD couldn't be read or printed by the court so Drydens assured me that it had been put in the post. The court have rechecked their post and have they asked me to contact them Drydens directly which I have just done. Everything is business as usual with the court and they have said that the witness statement needs to still be filed by 4pm tomorrow, which unfortunately is the day of my son's funeral. I have been asked to send this over today as I am unable to tomorrow. Please could somebody check that the statement is ok to send? Thanks Witness statement - Defendant REDACTED.pdf From Drydens last week... Good afternoon I can confirm, that the Consent Order and Notice of Discontinuance was sent to the Court via email on 10 January 2022. The Court advised that they were unable to print the documents and asked that they be resent by alternative means. As such, we printed and posted the same and this was forwarded to the Court on 10 January 2022. I would imagine that they will receive the same and action mid next week. I trust this is of assistance.
  3. Another update..... Dear Madam Please see attached as required. I have countersigned the consent order and forwarded to the Court for their approval. Kind regards Steven Redman Technical Litigation Officer drydensfairfax solicitors Email [email protected] Direct line +44 (0)113 327 8617 Fax +44 (0)113 823 3898 Notice of Discontinuance REDACTED.pdf
  4. Thanks for the heads up Is the statement ok as is or does it need tweaking?...just in case as I don't trust Drydens one bit! It may have bits missing or parts to be removed and I would like it perfect and ready to send if they decide to pull a fast one. Thanks again
  5. Hi again, I'm a bit nervous of calling them on the phone as other times have not gone well so I have posed the question on email. I will put a hard copy in the post today as well. I am about to send the following: - Dear Sir, Thank you for your email. Please find the Consent Order attached. I will also put a hard copy in the post. Are you able to issue and send a copy of the N279 over to me? Kind regards, * Thank you dx100uk and Andyorch and for all of your help. I will get a donation over to CAG very soon as I couldn't have done this without you both
  6. Hi, So that will be the end of it all? No NOD though. If this is the end of it and it won't be reopened?
  7. UPDATE THIS MORNING I received a consent order - can someone explain? Thanks Proposed Consent Order REDACTED.pdf
  8. Hi, Please could you check my witness statement? A week before Christmas my son was knocked down and killed by a taxi driver whilst crossing a road. He is being charged with death by dangerous driving. I have had my radiotherapy treatment put back a month and put on strong medication. The court has been informed by my cancer nurse to postpone this case as I am not in a good way right now. I have received a letter dated last month from the court that the judge may consider an extension to file my documents but not heard anything yet. I managed to file the two deferment letters (to rely on) with the court as I had already prepared ahead of this. My problem now is the witness statement. I thought it had to be filed in February but it has to be done by 21st January which is the same day as my son's funeral. I have managed to knock up a witness statement today but I am not sure it it is any good as to be honest my mind is not really with it. I would like to get this in within the next day or two so I can get on with funeral arrangements and the legal stuff that has been thrown my way concerning the accident. It is all a bit too much right now to deal with and I feel I need to get this done and dusted to enable me to grieve and get myself through the funeral, as well enough for the next lot of treatment. If you could have a look at the statement and throw me a few pointers I would be so grateful. I don't want to give up with this and let those bastards win! Witness statement - Defendant REDACTED.pdf
  9. I received this from Drydens, where he reasserts that the statute barred date runs from the default notice date and not the date of the last deferment. Can you clarify?response to defence dec REDACTED.pdf
  10. Thanks DX. The only documents I have are the last deferment request and the last deferment acknowledgment received. I can't think of anything else. I will get these prepared.
  11. Referring to paragraph 6... 'By 7th January 2022 the DEFENDANT must Send to the Court and to the CLAIMANT copies of all documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. The DEFENDANT MUST bring the originals of those documents to the final hearing.' Please could you tell me what the court is expecting me to send? I presume this will include the last deferment request and also the last deferment acknowledgment received. Is there anything else? Thanks
  12. UPDATE: Received 'Notice of allocation to small claims (hearing)' on Friday. Could somebody explain 4. please? notice of allocation to the small claims track (hearing) REDACTED.pdf
  13. Hi, This is the latest from Drydens... Dear Madam Please see attached the Claimant’s N180 as required. Whilst we believe that the outstanding debt is due and owing, and are prepared to proceed to the Small Claims Hearing, we are prepared to work with you in order to reach an amicable solution away from the Court. We invite you to make an offer of payment, which if accepted can be agreed by way of a Tomlin Order. this is a formal agreement which ensures Judgment is not obtained so long as payments are made and maintained. This will also save further time and costs for all parties. Should you be interested in taking this route, please contact us by return. Kind regards Before they were insisting I owed them money, they now seem to be open to offers. Is this normal that they are now trying to go for mediation, knowing that I refused mediation on my N180? N180 drydens redacted.pdf
  14. Yes, everything from Drydens has been via email (except the latest begging letter) so will email them then at the same address. Thanks
  15. Thanks, I've already filled in this form a while back and had it ready to send, but not sure whether or not the copy to Drydens can be emailed instead of posting to save on postage
  16. Hi, I received a 'Notice of Proposed Allocation to the Small Claims Track' now that I've defended the claim. It says to send the N180 to the local County Court and also says to serve copies on all other parties. I'm just about to post the signed court copy to them with recorded delivery. Can I email Dryden's their copy or does that have to be sent in the post as well? Thanks in advance.
  17. I was going to use the e-filing address as was used for the statement (for the set-aside)
  18. I'm just about to email over the defence to the court, do I need to send over the N180 completed previously with this, or is this for a later date? Also, should a hard copy be sent in the post to the court?
  19. Hi, I'm not sure whether or not my defence is ready to send as I have so many different versions and time is running out. I am concerned that Default Notice line has been slightly changed from the CAG template and not sure of how this should read now. Please could you take a look? As the statement was emailed to the courts, I am presuming that the defence can be emailed as well under the same case/reference number. Should I attach the last deferment letters to the pdf or leave them out as they were already sent with the statement prior to the set aside? Claimant ERUDIO STUDENT LOANS LIMITED – and – Defendant xxx (previously xx DEFENCE OF xxx I, xxx, being the Defendant in this case will state as follows; 1. My last written and signed acknowledgement of the debt was by way of a deferment form send date of February 2011 directly to Student Loans Company Ltd. 2. The Claimant's claim was served over 6 years from the last written acknowledgment of the debt on 08/03/2017. 3. The Default Notice was issued 13/10/2016 and served over 5 years 7 months after the initial breach thus the cause of action delayed by over 5 years 7 months and the Limitations Period prolonged to 11 years 7 months which 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. 4. The Defendant contends 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. 5. The Claimant's claim to be entitled to payment of £4707.84 or any other sum, or relief of any kind is denied. Statement of Truth I believe that the facts stated in this defence are true. Signed: xxx Dated: 27/10/2021
  20. Ok will do. I have a copy of the letters dated 12/02/2011 giving me 14 days to defer and then another letter dated 22/03/11 confirming deferment that I attached to my statement.
  21. I'm not sure what to put then - can you help? They believed that they were well within the limitation period as that was 6 years from the date of the default notice or it is terminated and gave the following blurb... "The debt is not Statute Barred as claimed by the Defendant. The Defendant was served with a Default Notice on 13 October 2016 due to her failure to make payments or defer the loans and so was served with a Default Notice. The Defendant failed to remedy the breach as described and to the account was terminated. Section 5 of the Limitation Act states 'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.' Taking into consideration the date of Default, and date of issue, the Claimant is comfortably within the time allowed to bring a money Claim. The Claimant shall rely upon BMW Financial Services v Hart where the Court held that limitation does not start to accrue until the agreement is terminated due to non-compliance with a default notice served pursuant to section 87 of the act. The Claimant shall also reply on Doyle v PRA, where it was held that the limitation period is not triggered until a default notice is served; as such, the Claim was not Statute Barred at the point it was issued. To summarise, given the account was terminated on 11 November 2016 and the Claim issued on 8 March 2017, the debt is not Statute Barred. "
  22. That's an explanation of them changing the limitation period from 6 years to to 11 years and 7 months. Should I change it to read as such? 1. The Default Notice was issued 13/10/2016 and served over 5 years 7 months after the initial breach thus the cause of action delayed by over 5 years 7 months and the Limitations period prolonged to 11 years 7 months which 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.
  23. 1. The Default Notice was issued 13/10/2016 and served over 5 years 7 months after the initial breach thus the cause of action delayed by over 5 years 7 months and the Limitations period prolonged to 6 years + 5 years 7 months which 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.
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