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

[dx100uk]

so the same as you did for the last PAP reply form

no-one said send payslips before did we?

hope you didn't

or was that part of the SLC deferement stuff you have to send when using their old form I forget?

[dx100uk]

i'd just send the old SLC deferment forms for the loans on years whereby you didn't.

nothing more..

[dx100uk]

if your last deferment was in their eyes 2009 the debt is statute barred.

 

dx

[dx100uk]

last deferment or written and signed letter by you.

 

see where it goes

 

most of these letters that resulted in various posts here and elsewhere have gone quiet.

 

me thinks an office junior was tasked with raising money for the firms mass xmas holiday in the Bahamas funded by mugd that will panic and pay up.

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[dx100uk]

no - you just did AOS.

 

no - you keep it for ref.

 

no - 'you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] '

[dx100uk]

nice to see you are ahead of me.

 

you don't use the paper pack

 

you can file the defence on mcol

the same as you did aos.

 

but...its not due till day 33.

 

dx

[dx100uk]

the exact date of your 2013 deferment is the one we want.

 

you do not file your defence yet...

 

it is not due until day 33 from the date top right on the claimform..[that date is 1 in the count] so...its due?

 

 

[dx100uk]

so what date is the defence due by...

[dx100uk]

if there is no hard evidence in the sar from slc regarding deferment that you can see, then neither can erudio

if you wish scan up the sar to ONE multipage PDF 

read upload and we'll take a look.

[dx100uk]

udocs1 in above post.

to me its SB'd

but can you please clarify What you said in post 90

 

My SLC SAR clearly shows i was defered up to 2013 when trasmferred to erudio.

 

WHERE??

[dx100uk]

I do

if SLC have nothing then that's the only source erudio have too

 

id file the sb defence

[dx100uk]

you do it on MCOL as you did AOS

[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.

[dx100uk]

well stayed.cost them more to unstay.

 

dx

 

[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

 

[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

[dx100uk]

what court form?

[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.

[dx100uk]

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

[dx100uk]

what are drydens playing at

the debt was last acknowledged by a deferment form to SLC in 2013

the claim was well statute barred before the claimform was issued

a default notice from a debt buyer in 2016 does not change that.

[dx100uk]

the issuance of a Default notice was some +3yrs after the last acknowledgement through a deferral letter to the original creditor.

 

i thought a debt buyer could not issue a default notice? thus change the cause of action under the PRA DN ruling Win~ it was not retrospective appeal win?

 

i believe we've countered these late DN's before along the lines of:

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months/years after the last payment
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment/acknowledgement made was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/yyyy and served several months/years after the initial breach thus the cause of action delayed by X months + years and the Limitations period prolonged to 6 years and X 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.Therefore 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 true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

@andyorch your thoughts?

[dx100uk]

Its when the last deferment letter was sent, not at the end of that period.

Else the numerous court cases already adjudged as being sb'd would be wrong.

 

[dx100uk]

why?

dx

[dx100uk]

erudios letter dated jan 2019 [page 3 pdf] clearly states the SLC Loan has not been deferred since 2008.

 

earlier they state in a letter dated sept 2014 you are in deferment still, which would tally with your last deferment direct to SLC before the sale in 2013 as that runs for 12mts from apr 2013

 

last deferment you agree with is 2013 too

claim issued - 3 june 2019   

 

the debt is statute barred

defence stands.