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Erudio - Sent me my slc CCA - now Court Claim


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This case appears to be an argument based on limitations act.

 

Really need to have a clear argument set out as to why you believe it is statute barred.

 

Does SB run from date of last deferral or the end of the 12 month deferral period ?

 

As you could not be in default until after the expiry of the deferral period, I could see why it might be the latter.

 

I can see this has been debated previously in this thread, but if there is to be a 30 minute hearing,  you need to be clear about information to support your position.

 

 

 

 

 

 

 

 

 

 

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It runs from the date on/ of sending the deferment form to slc

Regardless to how long slc took to actually do it.

 

.....The cause of the resultant action, last written/signed communication or payment from the defendant

 

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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The application does not involve you its between the claimant and the court to set a side his previous order of dismissing their previous application to Strike out /Summary Judgment.

 

Again you will notice they have not requested a hearing for this application...the Court has decided there will be one :-)

 

If they are successful in their application (which I doubt) you will be informed by the court and we take it from there.

 

Andy.

 

 

 

.

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On 27/09/2021 at 11:39, dx100uk said:

It runs from the date on/ of sending the deferment form to slc

Regardless to how long slc took to actually do it.

 

.....The cause of the resultant action, last written/signed communication or payment from the defendant

 

Dx

 

Yes indeed and seeing as they state in their letter it was 2008 = SB

 

I suppose they could argue i contacted them after, however this was to dispute the fact they had ignored my requests therefore i had no choice to contact them. i dont believe this can reset SB clock

 

 

Thanks Andy,

 

Lets hope they are not successful for a 3rd time

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HI Guys,

 

Unfortunately the applcation has been accetped and a new hearing is set for the 7th Nov :(

 

Do i use my previous WS or i must wait for their new court bundle and update as and if necessary?

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Scan redact and upload what you have received from the court please.

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Posted (edited)

Attached. Thanks

 

Its an application hearing my mistake, apologies.

 

I remember the last time i had one of these, i wasn't sure what to say and if anything.

 

However i'm confused in that it is asking for the bundle to still be submitted.

1.pdf

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 @patternsAppears to only be part of the Court hearing information that has been uploaded.

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Posted (edited)

No that is what was sent. 2 pages.

 

What part are you expecting to have been uploaded please?

 

did i miss something, its 2 pages, that's all

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urm so where is page 2 then......

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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Im trying to upload but its stating there is a max file size of 293kb.  i'm trying but cant get it that small

 

the 2nd page is a generic page of the terms of the hearing, apologies i thought it wa incl. i cannot find how to do it

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cause nearly all of your uploads were at the 4.8mb limit.

you really should by now have learned how to do document uploads properly

using a pdf editor (of which anyone with a pdf editor can remove your blanking BTW! and see you pers detsails)...is not the way we recommend if you read our upload guide carefully... scan and redact each page as a jpg, redact in mspaint then convert all to one mass pdf using online sites listed in upload

 

your method makes huge 4mb files that fill your upload  limit up each time you upload.

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

Of course but it showed 3mb on my pc which was confusing me, and i did edit in jpeg then convert to pdf. i didnt know that! ill find another way.

 

how can i delete the upload then so i can redact another way please? i dont want to leave that online

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ive already tidied some of your upload no worries   you have space now

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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... 

Link to post
Share on other sites

Back to the General Order/Directions....

 

Points 7 / 14 / 15 / 16 are of importance to you mostly of which you have already prepared for the previous hearing.

Point 9 you must action ASAP this week.

 

Another User had his defence struck out for not complying with this direction on time and now faces the inconvenience of trying to set a side the order.

 

Andy

We could do with some help from you.

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Thanks Andy,

 

Yes I have actioned point 9 already. Indeed I have pretty much prepared. But this is an application hearing not the hearing itself? I thought the application hearing was when the judge will consider the matter being reheard.

 

Typically in an application hearing what should I be saying?

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the debt is statute barred  - there is nothing more for you to say.

 

 

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... 

Link to post
Share on other sites

Quote

But this is an application hearing not the hearing itself?

 

Given that the court has directed that you submit statements/evidence.....I would take it as duel. Some courts will deal with the application and claim in one hearing....so be prepared for a full hearing.

We could do with some help from you.

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Although I do note that only 30 mins has been allocated...so perhaps just a hearing to consider their application....possibly.

We could do with some help from you.

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Thanks Andy. Yes I recall the last application hearing, I was asked if i had anything to add, i tried to begin stating my defence in short, and I was stopped.

 

So typically with an application hearing, is there anything I can say? It didn't seem like I could say a lot, and more I was just there for the purpose of being present.

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You cant really object to an application to lift the stay...the court did reject the application for reasons which are rather strange and the claimant has corrected them with this new application. You can object to Summary Judgment part of the application as previously discussed with reasons and which you have previously prepared for. (statement /evidence).

 

Just the bundle prep thats different to the last hearing.

 

Normally for this application a court would not give directions for bundle preparation/Directions Questionnaires etc so I think the court may only look at the lifting the stay aspect of the application and disregard the Summary Judgment content...but that's my own personal assumption. 

We could do with some help from you.

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Posted (edited)

Thanks Andy,

 

I'll be prepared for a full hearing nonetheless, just in case anyway.

 

They have made spelling mistakes and sent the wrong templates before, which i had to call and confirm. i followed the full process and erudio are completely in the wrong here. I just hope i can articulate this/and the judge sees that. i should have atleast been within my right to be granted deferment, which was denied by their ignorance and trickery. Hopefully the judge will be aware of the amount of cases and news articles relating to this.

 

So when you say its strange, you mean technically they should not have rejected the applications previously? 1st time was due to my WS stating SB. Second time was their lack of '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'.

 

Thank you all again, i will keep preparing, much appreciated as always to you all.

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