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Erudio - Sent me my slc CCA - now Court Claim


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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.

We could do with some help from you.

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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?

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Hearing is in a couple days............ Submitting this evening or tomorrow morning.

 

Your statement in response must be submitted not less than 7 days pre hearing.

We could do with some help from you.

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OK the hearing letter said 48 hours. i didnt know this and it wasnt written anywhere on the hearing letter, simply to submit trial bundle 48 hours prior to hearing. Maybe because its a remote hearing.

 

All i can do is follow that and submit tonight

 

i will leave the WS as is and submit now

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Ah remote hearing...then that may be correct...don't forget to file a copy on the Claimants Sol also.

We could do with some help from you.

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On 11/12/2020 at 10:55, Andyorch said:

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

 

Andy

 

On 23/02/2021 at 03:35, patterns said:

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

 

Should i add anything?

 

 

Posts #174 and #175

 

 

I was looking for your last court order but it appears Bankfodder removed it  yesterday  ?

 

Can you please upload another copy ?

 

 

.

We could do with some help from you.

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Its really just the court order and hearing directions I was looking for.

We could do with some help from you.

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attached. i have just seen in their appeal drydens mention 7 days filing prior to hearing, but im confident the remote hearing rules supercede this, as i have called as was told 48 hours, as well as it stating it on the court order sent after the appeal

 

 

 

2020-12-01 Gen Form J or O.pdf

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Yes okay point 16 states not less than 48 hours.... 7days is the norm if attending the hearing in person.

 

Evidence for the purposes of a summary judgment hearing

24.5

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

(a) file the written evidence; and

(b) serve copies on every other party to the application,

at least 7 days before the summary judgment hearing.

We could do with some help from you.

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File and serve...copy statement and docs to the court and the claimant's solicitor.

We could do with some help from you.

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Hearing was dismissed before it started!

 

if an application is requested for a stay to be lifted, then the claimant must first provide information as to why that was put in place. if they cant, it is dismissed and cannot proceed.

 

I believe the claimant has right to re-apply. we shall see if they do

 

I was extremely well prepared for this, Andy your WS was solid and i spent a lot of time getting this right in my head. Being my second hearing i was a lot more confident

 

I also found a couple interesting articles:

 

- https://www.moneysavingexpert.com/news/2015/02/revised-erudio-deferral-form-available-from-today/
- https://www.moneysavingexpert.com/news/2016/04/student-loan-deferment-forms-missing-in-latest-erudio-blunder/

 

And many records with the FOS
https://www.financial-ombudsman.org.uk/files/142290/DRN5616828.pdf

 

 

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who dismissed it and why?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The judge

 

if a claimant failed to include why a stay was put in place, when they had 4 grounds listed on their application for the appeal of stay, the first being to lift a stay. If they cant provide the reasons for the stay, the case cant proceed.

 

Makes sense, if you are wanting to lift a stay, you as the claimant need to provide the documents of original stay. Doesnt matter if the defendant even explains it or includes original defence, the claimants duty is to provide this information in their application, as a stay of SB must have been put in place for a reason.

 

Im annoyed as i feel i wouldve won this and hopefully have it struck out. But none the less, lets see if they have balls the re-apply. i will be ready. This isn't a bad thing though is it? They dont have a leg to stand on

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The ground rules are and have always been any application to lift a stay after the prescribed period of 28 days...an application must contain a concise statement with reason as to why the claim was let stayed and why the claimant didn't proceed at the time.

 

Lets see what transpires and if they decide to make further application.

 

Well done so far Patterns

We could do with some help from you.

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the debt was statute barred at the issuance of the claim, can't see this going anywhere....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 6 months later...

Open

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Guys,

Well it seems they don't want to give up with this one! Twice been set aside, and there is a new application to remove the set aside.

Please see the attached document.

 

I'm a bit confused if this is a hearing that I need to attend as well? As it has put a note there for me on the front page, but I don't know what would be the purpose of me attending?

 

Do I need to reply to this also? Any help here would be great.

 

2021-09-21 N244 + hearing.pdf

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Theyve left a word out..youll be informed of the court date prob by n157 or just like before

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ok, i thought Andy previously mentioned with the N244 i had to submit my statement in response must be submitted not less than 7 days pre hearing.

 

He also said in previous discussion:

"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)"

 

"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."

 

Discussion begins on page 5, posts from December 2, 2020 (i think our post numbers are different)

 

So im presuming i need to do the same and serve something no?

 

 

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did you update that pdf? as it was only i page earlier that i saw, ...poss my connection.

you'll be informed of the date , you submit your statement, 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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