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    • Thanks dx. No, there's no reference number in the writ itself.    Who are the pursuers:   Erudio Student Loans Limited, a company incorporated under the Companies Acts and having its registered office at c/o Wilmington Trust SP Services (London) Limited. Third Floor. 1 King's Arms Yard, London EC2R 7AF   Who Are the Solicitors:   Shoosmiths LLP   What is the writ for –   Preceding the Condescendence and Pleas In Law sections provided in post 1, there's the following text: The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of AMOUNT together with expenses   what date was this served on you:- 17th July   what date is within the COURT STAMP: 19th JUNE (not July as entered in post 1)   What Is the claim for: Student Loan   Is the debt showing on your credit reference files - I don't know but can find out   When did you enter into the original agreement before or after 2007? -  Before 2007;  first loan has a 1998 account number   Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes I believe so   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes   When was your last payment:-  I believe I made at least one payment in late 2015 after having been late in submitting deferment forms that year   Why did you cease payments:- I only made payments to cover a couple of months' payments which were due because of my deferment had been submitted late. I stopped once those payments had been covered   Was there a dispute with the original creditor that remains unresolved?  No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No    
    • I emigrated to australia permanently about a year and a half ago, but still have an overdraft of 2500 pounds with a bank in the UK. I am struggling to pay it off, and am being charged 1.75 a day for the overdraft. I have not informed the bank that I have moved to Australia.   Im wondering what is the best course of action. I do not intend to return to the UK and have no assets or family over there. I rang up a call centre for the bank and informed them of my situation and they suggested i ring the branch and speak to them. I intend to pay the debt off, but am not in a position to do so right now, and was hoping the bank might put a hold on the charges, whilst I can get the finances to pay them off.   alternatively, what would happen if I did not pay this debt off
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    • Oh dear I didn't know that about Word - thanks for the tip. I would be grateful for any other comments re the text. Thanks for getting me to this point. I now have a huge amount of info to plough thru to prepare for the next stage. Is there any guidance as to what happens next and how long that takes, or will that be made clear once the basic defence has been submitted? I haven't been able to find a clear explanation of the procedure anywhere.   
    • I have been tearing my hair out searching for information on the web. Finally (!!!) I came across this huge and exceptionally promising looking site. I learnt a while ago that some Agreements for credit cards under the CCA 1974 are unenforceable.   To cut a long story short, as they say, I am attempting to draw out funds from the equity in our property in order to secure natural treatments for my dear beloved wife. (The NHS have genuinely done all that they could, but their funds being limited, there isn't any hope that they can do any more). There are a myriad of Natural (proven) cures for my beloved wife.   Alas,  I discovered that there are three credit card charges on my property, going back many years. These cards were all started in the 1980's and early 1990's, and were all under the CCA 1974.   I offer my sincere apologies that I have not read through enough of the threads on this site, to be able to find the answer which  I am seeking. I am desperate to get things moving in order to get the funds for the treatment. I fear I might already have confused folk here.   So here goes:   Is there a quick-ish way to get the charges removed from my property, which were placed there after Court hearings at which I was 'advised' to just agree, as I was unable to repay, many years ago.   I read on another website that a form AP1 should be sent to the Land Registry, detailing that the Agreement is unenforceable so the charges should be removed. That sounded too simplistic so I moved on.   Naturally, I will be enormously grateful for any suggestions or guidance on this matter. I accept that I may have rambled on a bit, but folks, I   am frantically attempting to find a solution to remove the charges so that I can quickly utilise those funds to get treatment for my dear wife. Perhaps the answer is already here somewhere. If so, I would be grateful for anyone pointing me in that direction.   Thank you.
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Tilda

Link CCJ for old GE Loan whilst abroad - Set asside- now have to write a defence

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Hi people.

 

I emigrated to Ozz 3 years ago

 

 

in my absense Link Financial obtained a CCJ over an old disputed British Gas

originally finaced by GE money. Link bought the debt from GE.

 

The dispute was over the interest rate charged by GE money for the boiler.

In essence I did no sign the credit agreement.

 

The CCJ was issued on my old UK address. Today the court have agreed to set it aside,

in a telephone hearing which is great, but have instructed me to write a defence letter to Link and also the Court,

 

I acknowledged to the Court that I owe money for the Gas boiler.

 

I am confused as to what to write especially as link have said that due to commercial reasons they will no longer be pursuing the debt

. Will the CCJ still stand or is it dependent on my defence letter?

 

Love some sane advice...Thnaks

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Have you got it in writing that link the original claimant will not pursue further


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Hi dx, yes I do.

 

 

the judge also had this in evidence I sent to the Court for the hearing.

 

 

The exact wording was ''we have made a commercial decision to cease all further recovery action on the account''

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then that's your defence

 

 

nothing to defend m'lud

 

 

please refer to the enclosed letter

the claimant has ceased all actions.

 

 

dx


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Thanks dx.

 

The only thing confusing me is if the judge had this inforamtion in front of him, why do I have to file a defence?

 

Assume that the CCJ will be removed anyway

 

Thanks....

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have you a copy of the claimform or the poc they submitted?

dx


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Hi dx thanks for getting back.

 

 

Unfortunately not as I am in Australia.

 

 

The judge read it out to me, but it only really cited the fact that they doubted that I lived in Australia when the CCJ was lodged 09/10/13.

 

The evidence that I sent in writing to the court proving my Australian residency and dates of entry into the country

was enough to satisfy the judge that the CCJ should be set aside.

 

I will call the court Friday morning for guidance.

 

Thanks...

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I would assume you need to write a defence to counter the original claim

so whilst on the phone get that

verbatim would be nice.

might be an idea to record the call


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You must submit a defence as the claim is proceeding.....only the initial judgment has been set a side....it now starts over.

 

Andy


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Hi dx and Andy,

Really appreciate your advice. So my defence must refer to the original debt only, and why it has not been paid? Link have written to me telling me that they will 'cease all recovery action on the account' so do I ask them who I should contact in order to get this cleared up? eg GE Money, who sold the debt to Link?

Thanks

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No ...deal with the claim...get the a copy of the initial claim...submit your defence by the stated date.


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Hi Andy, sorry if i come across as a little simple! So write to Link [ and copy the court] saying that judgement has been set aside, and defend my reasons for non payment? Even if they have stated that they will not be taking any further recovery action?

 

Or just send them the papers I sent to the court that supported my successful action to get the CCJ set aside?

 

Thanks...again!

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No need to write to Plink at all...they will be fully aware its been set a side...deal with the court only.


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mmm ok but the judge asked me to write to Link and copy the court!

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mmm ok but the judge asked me to write to Link and copy the court!

 

They mean send a copy of your defence to them...not write to them


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Ok so...[.am I driving you nuts yet!] write to the Court with my defense referring only to the CCJ and copy Link?

Or do i write a defense as to why the debt went unpaid ?

 

THANKS...

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you will need to write a defence to respond to the POC on the claimform.

 

 

so get that, post it here verbatim if you wish

minus pers details

 

 

then we'll point you to a suitable defence to use/adapt.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok so...[.am I driving you nuts yet!] write to the Court with my defense referring only to the CCJ and copy Link?

Or do i write a defense as to why the debt went unpaid ?

 

THANKS...

 

Do you think they make these things deliberately confusing? I'm not simple either, but court procedure just leaves me completely baffled..:-x

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If judge has set-aside judgment and reverted the process to the claim issued stage and now awaiting your defence to the initial claim, If claimant has confirmed they are no longer pursuing then I think the easiest thing would be to ask them to file & serve a Notice of Discontinuance (form N297) otherwise you'll have to proceed as normal and stick to any dates given.

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