Erudio/Drydens claimform - 1993/4 SLC Loan - poss SB'd? - now N244 strikeout+SJ

[europa16]

Thanks for the replies.

Because they sent old cca and some other bumf when I filled in the PAP forms, do I still need to do the CPR 31.14 request?

They originally sent a badly photocopied CCA and very poorly copied terms and conditions which were 3 years newer than the agreement. Need to have a wade through the rest of it...

Also, should I ring SLC just to make sure about the Statute Barred or is it pointless?

[AndyOrch]

I wouldn't bother really you can refer to their response to PAP instead CPR within your defence

[europa16]

I’ve had a closer look at the paperwork they sent to me

there is no deferment paperwork amongst it, the only mention of deferment is on the Notice of Assignment Pack they allegedly sent out to my old address in February 2014 (which I obviously never received).

It shows the “loan accounts to be transferred” and the “current status of loan” as Deferment - I hadn’t spoken to SLC since 2012 at the latest.

Nor is there anything in the statements from 1995 onwards to say I’ve contacted them, it’s all just interest added on or taken off as they mucked up the calculations!

If there was the deferment paperwork available, would they have had to show it as part of the PAP or is this how I prove the loans are Statute Barred? There’s nothing in relation to deferring for a new year before or since they took over.

On the Statute Barred thing, though, is this from my last contact with SLC or the Notice of Default that Erudio claim they sent me in 2016 (wrong address)?

Also, I took a look at the credit agreements they sent and they are almost impossible to read! Would upload but keep getting an error. Will keep trying.

I’m trying to find the best defence against them but without knowing for certain the last time I acknowledged this thing, I don’t want to restart the clock without realising!

[dx100uk]

You cant restart the sb clock if a debt is already sb'd

 

Unless they can provide proof. Which they havent stop worrying

[europa16]

I know I shouldn't worry but when I read about court cases which went to the High Court and judges deciding Default Notices reset the clock, I am worried

- Erudio did issue a default notice in May 2016 (not SLC).

Not that I received it - it went to an old address!

 

I don't want to toss things up by issuing a defence on it being Statute Barred if Drydens can then rely on the Default notice to say it's not, as I have then acknowledged the debt and will have to pay this back (despite being under the salary threshold for the majority of the 25 years).

This is stressing me.

[dx100uk]

it was a court of appeal ruling for , I think, PRA group.

there was a lot of arm waving about this magical case

but in effect we've not seen any 'specific' wins since

 

and even then I don't think its retrospective.

stop doing their job.

do yours..

[europa16]

I did a CPR 31.14 just in case they held anything back in the PAP paperwork but nothing received so assuming they've got nothing more.

Therefore, I'm going to file the following (as mentioned on a number of other threads with SB debts):

 1 The Claimant's claim was issued on 3rd May 2019.

 2 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 cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £2900  or any other sum, or relief of any kind is denied.

Is that it?

Do I need to add anything more?

 

Ta

[dx100uk]

nope more is less

[europa16]

I filed my defence at the end of last month, stating it was SB. Have heard nothing from them since. How long have they got left to respond and what happens if they don’t?

thanks

[dx100uk]

did you get a letter from the court acknowledging your defence?

[europa16]

I did - that’s been filed with the other paperwork but there’s been nothing more from the courts.

After I posted this last update, the postman brought me the CPR paperwork from Drydens which I’d asked for weeks ago, and confirms my thoughts that the debt is SB and they have nothing but statements and a v.poor copy of the agreement.

[dx100uk]

then read what it says then carefully....

[AndyOrch]

On 21/06/2019 at 08:43, europa16 said:

I filed my defence at the end of last month, stating it was SB. Have heard nothing from them since. How long have they got left to respond and what happens if they don’t?

thanks

 

Look at your acknowledgement from the court for your defence.....It informs you what will happen next and what options are open to the claimant.

 

Andy

[europa16]

I've double checked the MCOL website and the last thing on there is my defence on 28/5/19.

Drydens have not done anything on there.

The paperwork I received from HMTCS stated that they would need to go back to the court with a good reason if they wanted to do anything after 28 days.

So, no more hassle?

[AndyOrch]

Well its early days as you have only passed just the 28 days...but its looking positive and they would have to make application to lift the stay.

 

andy

[europa16]

Right, now I am worried!

I've just received a letter from Drydens Fairfax, dated 2nd August 2019 telling me that an application has been made to enter a County Court Judgement against me!!

I entered my defence on 28th May 2019 through MCOL and have heard nothing back since.

They've not uploaded anything, they've not been in touch since sending me what I already had (and after the cut off point).

What do I do?

[AndyOrch]

Application for what...to lift the stay/request summary Judgment ?

 

Andy

[europa16]

The MCOL screen grab is from 5 minutes ago

drydens letter claiming judgement+mcol status.pdf

[dx100uk]

well we've seen them make this mistake before I think.??

does the CCJ number they claim = the one on the claimform?

 

dx

 

 

[europa16]

There is no CCJ number, just the MCOL claim number and also the account number, along with outstanding amount.

 

There's been no update from them or the courts since the end of May when I submitted my defence (which is showing on there as received).

[dx100uk]

so the ref's on the letter are the same as for this claim .

[europa16]

The claim number on both the MCOL claim and their latest letter are the same. The amount outstanding has changed though, they have added an extra £22.00 to the letter.

[AndyOrch]

Ignore

[europa16]

I should write to them?

I filed a defence which they have totally ignored and want to get a judgement against me.

Wouldn't the courts need to know that they're trying to pull a fast one by ignoring my defence? 

[dx100uk]

drydens cant get a judgement.. ignore