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

[AndyOrch]

Quote

Thanks DX100uk and thanks Andy, unfortunately the DN upload missed the top of the page when i scanned it, the one from erudio application to the courts shows 13 oct 2016, is this the one you are referring to as my posts are different to yours? presuming this is the one you are referring to from my post 123 on wednesday 12.44

 

 dam

[patterns]

1 minute ago, Andyorch said:

 

 dam

Yep massive dam, i was excited for a moment

How about this? If they state my last deferment was Oct 2008 then that was my last deferment?

I cant see anywhere else where it states my last deferment was otherwise

 

 

Scannable Document on 4 Dec 2020 at 13_12_42.png.pdf

[dx100uk]

thats better 

so we do have a DN date now.

 

but the sentence for your org defence of:

 

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.

 

.......

 

should cover that..

 

and i'm not 100% sure a debt buyer can even issue a DN either, esp one that gives a longer than 14 days remedy time,

 

i think this is more relevant than normal cases, as SLC as far as i'm aware still manage the admin of these loans even though they have been sold on, as your access to their online portal is left active and people still today send their SLC deferment forms direct to SLC via it and pay via it...even though the debt has been sold.

 

 

 

[patterns]

Yes indeed DX100 i read about that and i continued to follow protocol allowed in regards to defement which by their own admission continually ignored for multiple years

 

You think i should add this about the debt buyer being able to issue a DN or leave as is? i can only see 3rd party websitees stating only a lender can issue a DN but not anything direct

 

hoping to post this today as im aware im already a bit late but hoping the current climate and recent lockdown will permit some leniancy

Edited December 4, 2020 by patterns

[AndyOrch]

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

[patterns]

Right thanks Andy i couldnt find that, so owner relates to erudio

 

ill leave my WS as is then and post in a couple hours

[AndyOrch]

Make the changes as advised in my post # 153 and then we can tweak it further if needs be.

[patterns]

i think your post numbers are different to mine?

 

This is what i have so far

ERUDIO WS2.pdf

[AndyOrch]

Possibly......anyway yes that's okay up to point 4   I will be tweaking thereon 

 

Just an important note about the DN and a DCA issuing it......in this instance the debt was only deferred so the original creditor had never issued a DN . Its very rare this happens and to some extent what DX states is true ...its very rare a DCA can or would be able to issue a DN as 99.9% of debts are already terminated by the OC at assignment. 

 

.

[patterns]

Thanks alot Andy, will grab some more paper and ill make another donation as soon as home. Regardless of the outcome thank alot guys!

[AndyOrch]

I suppose we still dont have a date or anything further from the court as to when this will be determined ?

 

I wont be able to draft your statement until Monday at the earliest.

[patterns]

No indeed but i think you advised to send it asap regardless?

 

Thats understandable thank you again a few days wont matter hopefully. They made application 11 nov 2020 so im outside the 7 days you mentioned, but it fell in lockdown so hoping there is some flexibility with this due to the current climate

 

[Will Goodfellow]

Erudio has evidence that your loan was still being deferred in 2014, it's on the statment which was sent to you. Regarding the default notice being delayed until 2016, Erudio could argue that as you submitted CCA requests and information under 31.4, raised a complaint and disputed the debt, it couldn't issue a default under Section 78 of the CCA. Once it had complied, a default notice was then issued.

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement

 

Which is why the interest was frozen.

[AndyOrch]

Witness statement Pattens.pdf

[dx100uk]

how about a cheeky dig at... if the last deferment was stated by them as 2008..is this not now SB'd?

[patterns]

On 08/12/2020 at 15:04, dx100uk said:

how about a cheeky dig at... if the last deferment was stated by them as 2008..is this not now SB'd?

indeed?

[patterns]

hi guys so just opened my post and thankfully no rubber stamp! Hearing date march 2021, documents to be submitted electronically

 

Andy much obliged for this, again thank you guys for the support and donation made

 

Presuming to await erudio electronic bundle before i submmit anything further? shall i upload all documents received by CC?

Edited December 11, 2020 by patterns

[AndyOrch]

Nothing else to come.....there is no bundle in this type of application....but yes please upload the latest Court Order for reference.

 

Andy

[patterns]

hi guys was waiting to see if anything else came but this is the final documents so far

 

Should i add anything?

 

[dx100uk]

reconstructed NOA.
DN several years after last deferment
tn several years after last deferment

issue fee of court claim £410!!

page 21 has all loan numbers showing.

 

p'haps not compress it so much as to distort everything?
 

[patterns]

Hi Dx its a struggle to get it down to size, are the numbers still there i cant see them, ill reupload

 

Thanks for these points. Andy did the WS for me, should i be adding these points to that you think?

[patterns]

Hi Guys,

 

Hearing is in a couple days and still not had a trial bundle through from erudio. i know they included documents with their app to lift stay prior to hearing dates set, but surely they should also be following the protocol outlined by the courts?

 

i am receiving their emails as they have sent through a statement of costs yesterday

 

One thing i was unsure about in the WS:

"6. (You will have to insert here how you did eventually sign their forms and what dates submitted and deferred dates etc..etc. and how the default markers were removed after contacting them.)"

i never signed 'their forms' only the original SLC ones. I have the deferral dates i submitted and even all the postage receipts and deferrment forms - should i need to include these in my exhibits?

 

And also shoud i add the points you raised about reconstructed NOA, DX? Also presuming they can charge what they want for the fees. I noticed they charge £410 court fee, but also £255 application fee and £155 agent fee! Fees total £1600 which hurts but i deferred as i was supposed to, i did nothing wrong in this matter so im hoping the Judge sees this.

 

Once again Andy, thanks alot for the WS and both you and Dx100 for all your help.

 

[dx100uk]

On 04/12/2020 at 12:46, Andyorch said:

Thanks DX......excellent an undated Notice of Default....totally invalid ...game over.

 

Your statement should start off as the following when responding to this type of application ....

 

1. I ******, being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application (dated) to lift the stay and Strike Out/Summary Judgment pursuant to CPR 24.5 (1) a&b in view of my defence submitted to the claim dated xxxxxx. .The claimant confirms that this claim issued through Northampton CCBC on (Date)and left stayed since (date).

2.The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimants witness statement

dont forget the above too.

 

dx

[AndyOrch]

Quote

Hearing is in a couple days and still not had a trial bundle through from erudio. i know they included documents with their app to lift stay prior to hearing dates set, but surely they should also be following the protocol outlined by the courts?

 

As said earlier in previous posts...you dont get anything further in this type of application hearing......Its a strike out summary judgment you have had all their evidence with their application.

[patterns]

Right! Ok understood thank you Andy. Submitting this evening or tomorrow morning.

 

Hi DX100 - About the undated default notice... that was sadly just my scanner missing the date alas, but we previously did discuss and its been built into the WS - DN date was october 2016

 

Just to lastly clarify the date they acknowledge as my last deferrment being 2008, is this the point from which you accrue the 6 years for SB? Therefore by the time they submitted the DN in 2016 it was already SB, even though i was communicating with them in regards to not accepting my deferrments?

 

Just not entirely clear the exact point which you can start the SB clock, as I noticed this new WS seems to focus more on the CCA than reference to SB. typically SB : 'For most debts, the time limit is 6 years since you last wrote to them or made a payment' But what conext does the writing have to be? Last payment/deferment was 2008, but are my letters trying to defer and requesting CCA etc considered breaking the SB clock?