Erudio claimform - old SLC loans - stayed - now N244 **WON SJ refused**

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Done

 

Thank you again! i shall keeo you updated with any news

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Hi Guys,

 

Just an update 27th june i received a letter from the courts stating they receieved my defence and would allow 30 days for the other side to respond

 

So far we are now 34 days and nothing.

 

Have heard of cases where erudio has appealed and tried to reopen, or maybe its only 30 days for them to respond to the courts in which case i guessi could still get a letter?

 

anyway shall keep you posted

[dx100uk]

no its 28 days from the date you filed your defence that the claimant must do 'something'

 

not sure where you are reading but there are no cases that I know of whereby erudio have ever continued just let a case get stayed or reopened any stayed claim.

[AndyOrch]

28 days plus 5 for service =33

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HI all, thought id give an update,

 

Nothing came of the court claim, i havent even heard back from the courts, is that normal?

 

I have however started to received statement of accounts from erudio again

[dx100uk]

well stayed.cost them more to unstay.

 

dx

 

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HI guys

i received the COR request back from dryden today.

However its a bit late no?

i checked on MCOL and it doesnt showed stayed yet, should it?

[AndyOrch]

COR ?   CPR ....does not show stayed on the MCOL dashboard status.....just defence received.

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yes sorry CPR

 

right so its supposed to just say defence received, got it. So i can ignore i presume

[dx100uk]

unless you get an N244 notification from the court yep ignore

but they've not done that on any SLC claims to date.

 

dx

 

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Great Thanks DX100UK

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HI Guys, today i got an email below from Drydens stating my defence of statute barred was null because according to them they sent a default notice Nov 2016

 

Just to recap, i defended due to letters from erudio stating my last deferment was 2009, then later saying it was 2014.

My MCOL still doesnt show stayed etc last entry is my defence 26/06/2019

_____

 

We write with reference to the above matter and further to the Defence filed in response to the County Court Claim issued against you.

 

Upon review of your Defence, we note that you claim:

1.    The Debt is Statue Barred

In response to the above, we can confirm that the debt is not Statue Barred pursuant to section 5 of the Limitation Act 1980. A Default Notice was served upon you on 13 October 2016. The Default Notice being the cause of action.

 

You failed to remedy the breach within the time stipulated on the Default Notice and so the account was terminated. A Termination Letter was sent to you on 11 November 2016.

 

Section 5 of the Limitation Act 1980 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’. Given the Claim was issued on 3 June 2019 and therefore well within the six years allowed to bring a money claim.

 

Even though you were provided with a further copy of the Default Notice following your CPR 31.14 request on 6 February 2020, we further attach a copy for your reference, together with the Termination Notice.

 

Given that the deals with the issues raised in the Defence in full, we are clearly in a position to progress our Client’s Claim against you and would therefore, invite you to now settle this matter without the need for further legal action.

 

Please make payment of the sum due within the next 14 days or alternatively contact these offices to discuss possible repayment options.

 

In the event that we do not hear from you within 14 days, we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you. 

 

It is also likely that any such application will include an Application for Summary Judgment, given the evidence which has now been provided to you in support of our Client's Claim. 

 

If the above action becomes necessary, further costs will be incurred which ultimately, may be payable by you.  If you fail to respond to this letter and therefore necessitate such further action, we will produce this and our previous correspondence to the Court in support of any additional claim for costs.

 

We trust that this course of action will not be necessary and look forward to hearing from you by return.

 

 -----------

I saw DX100Uk post on a similar thread loinked below

"simply erudio raising an N244 (as eluded too in post 28) to lift the stay on the old case because they think issuing a Default Notice default notice in September 2018 sets the SB clock date... it DOESN'T and is of any use when you last deferred your loan by early 2013. 

 

pers i'd be writing to the court and objecting to the N244, but let andyotch comment upon the correct response...

when is the hearing date? "

 

I completely panicked thinking i was wrong to assume the last defer date wasnt the clock for SB but seems they are just trying it and the above should be my course of action should it go that far

 

i just didnt understand Andys comment in post 44

 

 

 

[dx100uk]

You should have blocked and bounced all emails addresses long ago.

 

Mcol wont show stayed as its an automatic process if you go read the court letter you got following your defence filing

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its the first i ever had contact from them by email, ive never given it to them, possibly they got it from the court forms im not sure

 

ill see if i can block bounce it now

[dx100uk]

what court form?

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The defence etc

im not sure what information they can see from what ive filed on MCOL,

but i have never given any DCA my details apart from address.

No idea how they obtained it.

I cant bounce back my emails but i have blocked anyway

 

Sorry to confuse,

im not sitting on any forms currently,

i filed defence in June last year and received a notice of small claims from the courts.

I guess lets await anything further from the Courts now unless you advise otherwise

[dx100uk]

you haven't put you email details in any court form.

nor can they see your details on mco.

 

probably from your credit file or your old SLC info.

 

not sure what you are panicking about regarding that other thread.

 

the debt is statute barred

the defaulted date ruling is immaterial and not retrospective anyway.

[patterns]

Just an update got a CC letter today with full application from Erudio/Drudens wanting to lift the stay , strikeout defence and summary judgement. Will hear from the judge in due course

[dx100uk]

N244 please and any evidence they have sent with it pdf only

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Attached, they are pushing that it's not SB

 

 

 

claimants ws.pdf

[AndyOrch]

Lets hope the judge decides that it requires a hearing.....you need to start preparing your response statement in objection to their application irrespective.It must be submitted not less than 7 days (Hearing /no Hearing)

 

Andy

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HI Andy, 7 days from when? this came on the 11th Nov and the letter just said to await the judges decision so i wasnt aware i needed to submit anything? Shall i do it now or is it too late?

[AndyOrch]

You would assume that this type of application should require a hearing to determine but we live in strange times at the moment...given that you have not received anything further yet from the court clarifying if a hearing is to be held... I would draft something now and file and serve a copy just in case.

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Ok great thanks Andy, wow yes indeed

 

Ok im going to get something together by the weekend, and then post up here. Guessing i send hard copies to both parties once its ready

 

 

[AndyOrch]

Yes...hence the term " File and Serve " your statement is made pursuant to CPR 24.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24#24.5