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

[AndyOrch]

And state what....dear numpties how can you have a judgment when it has yet to be allocated to track proceed to trial and a hearing take place ? You have yet to inform the court if you wish to proceed with the claim as the claim is currently stayed ? 

 

Ignore it...possibly wrong address wrong defendant..or simply getting ahead of themselves.

[dx100uk]

[europa16]

Okay, thank you 

[europa16]

Drydens sent a letter back eventually saying they would refer back to Erudio. 

This week Erudio have sent me a statement of account for the two statute barred loans and the yearly "you are in arrears" letters. 

Ignore or tell them to shove it up their bum?

[dx100uk]

Which they have to send if they consider themselves creditors

[honeybee13]

Thread reopened.

 

HB

[dx100uk]

third one this week they willy waving on.

 

 

[europa16]

Received letter from Drydens claiming they will apply to the court to lift the stay if I don’t get in touch (after allegedly ignoring recent non-existent correspondence!) and ask for an application for summary judgement.

 

got better things to do than deal with these clowns…

 

2022-03 drydens discount letter-threat to lift stay.pdf

[dx100uk]

its a discount letter ignore them.

[honeybee13]

Thread reopened.

HB

[europa16]

As with others, I have also received a N244 application notice that Drydens are asking for

Order:

1. For the stay imposed on proceedings to be lifted;
2. For the defence to be struck out and / or summary judgment on the whole claim Persians to r3.4(2)(a) and r24.2(a)(I) and (b) CPR; and
3. There be a cost order against the defendant 

Reason being there is no reasonable grounds for defending the claim and/or no compelling reason why the case should proceed to trial.

There apparently is supposed to be an attached witness statement from the technical litigation officer at Drydens but I have received nothing - I’ve asked the court to check what I should actually have!

I’ll post up the (redacted) paperwork shortly, but in the meantime do I need to do anything else?

Paperwork received is attached

 

N244 Strikeout + SJ.pdf

[dx100uk]

plenty of drydens n244 threads to read.

get upto speed.

done hoping you'd moved or wet yourself and cough up.

dx

[dx100uk]

readme!!

dx

 

[europa16]

Am attaching the witness statement and associated files which I received from the court and Drydens. I’ve had to split it due to the overall size.

Do I need to respond to this or just turn up in January?

I have been doing a lot of reading and rereading of others experiences

 

Claimants WS.pdf

[dx100uk]

identical to other claimant WS's here see the 3 threads i posted earlier

have you not done your WS?
what date is the hearing ?

you've not told us?

just vanished for a month....

[europa16]

No, not done WS (didn’t realise I had to, no mention of it in court paperwork, only date to appear. Assumed my original defence was enough). Court hearing is 16th January 2024.

Am rereading and rereading but there does seem to be differences.

[dx100uk]

pdf had one error page 22 sorted.

you have a court order ....it says YOU have to do a WS by 7 days or 14 days before the hearing date.

scan it up please......

yours case/their WS is IDENTICAL to several successful claims here already.

[europa16]

Unfortunately, due to the whole family getting Covid at the beginning of December and still getting over it, I hadn’t had chance to fully go through my paperwork and get it photographed and uploaded until now.

The only other thing not uploaded is the Notice of Hearing of Application (the N244 was uploaded in post #61.

I’ve been looking through the experiences of RC710, Pellegrino and others, and it seems like the judges can swing one way or the other so I don’t want to solely rely on the SB argument.

is it worth adding the fact that I never received any deferment paperwork or their other paperwork until 2018 when I received a letter from Drydens (which was immediately followed by an SAR by me) as I had moved several times and didn’t even know who Erudio were? 

I’ve double checked the paperwork from the SAR and there are no letters which mention how to defer!

Also, I have never earned over the deferment threshold, and would have continued to defer given the chance until the loan matured in 2019? I was ill and on Incapacity Benefit until 2013 and attempted to get the deferment extended (can’t really remember what SLCs response was to that at the time, around 2010).

Thanks in advance for any advice (I really need the help at the moment)

 

Notice of Hearing_compressed.pdf

[dx100uk]

39 minutes ago, europa16 said:

is it worth adding the fact that I never received any deferment paperwork

yes

39 minutes ago, europa16 said:

Also, I have never earned over the deferment threshold,

yes

have you tried the SLC portal or sent them an sar not erudio..?

[europa16]

I just logged into the SFC portal and can see a list of letters sent out (allegedly) showing advocates mortgage style statements which were reproduced in 2018, covering 2002 onwards (this was around the date of the SAR to Erudio) and End of Deferment packs apparently sent up to Feb 2013, none of which are available to view.

Should I be including the proof that I was under the deferment threshold (self employed, so these will be copies of SA105) or is that overkill? Same with the deferment thresholds as I had to scour the internet for these figures from 2013 onwards and the sources are not from just one place?

Also noticed that the letters sent were always sent to the last address 12 months after moving. What database do DCAs use to locate people’s addresses and how up to date is it?

 

Student Finance Account - Emails and Letters.pdf

[dx100uk]

no need to inc proof nor the levels simply state it as a fact , likewise regarding deferment packs etc, just as those other people have done in their WS's.

as for DCA's, there is no address 'database', though they do legally have access to your basic credit file data.

It is worthy to note: that the pre action protocol, which any org should abide by before ever raising a court claim, was brought in to specifically force debt owners to take all reasonable steps and exercise due diligence in finding a debtors correct and current address, rather than using the one in the debtors last written communication.

dx

 

[dx100uk]

17 hours ago, europa16 said:

No, not done WS (didn’t realise I had to, no mention of it in court paperwork, only date to appear

should be on page 2 of that upload turn it over?

dx

 

[europa16]

Not there, only my name and address

[jk2054]

I may be wrong here but I'd assume no court bundles because its an application to strike out the defence rather than a trial for a defended claim?

[dx100uk]

no its SJ+Strike out you must file a statement better than 7 days before the hearing.

see the nurseslayer thread from about post 131