Erudio/drydens claimform - old slc loan - stayed now N244

[billywilder]

No court date yet that ive seen. I live between two properties alternate weeks so sometimes things slip through the net. Ill see if I can check online about court dates

I'll sort out the rest of the document and enclose it

 

2023-07-31 Claimant N244 no dates time or £s.pdf

[dx100uk]

can you please put back ALL times, dates, £figures, other names, bundle exhibit no's 

you only need to redact YOUR name, signature and address(s), the claim number(s) and any agreement number(s) or any ref number the dca might have assigned the debt(s)...

we NEED everything else inc dates on letters names of the sols making statements, court names, 

 

you might find several () exactly the same Claimant WS's here:

Programmable Search Engine (google.com)

Clickme^^

i suggest you read atleast 10+ threads and their PDF files.

dx

 

 

[billywilder]

OK.  I misunderstood when you said i didn't need to redact everything.  I'll redo it and repost.

[pellegrino]

Do we know what the outcome of this was? 

Was the age-related debt of 25 years taken into account. My loans were year 96 so I'm over the 25 years. DX mentioned the fact that the 'stop the clock' doesn't stop this. Is this correct DX? 

[billywilder]

I have (re) redacted the form!  How do you think I should respond. I dont have the same, "I havent received the deferment information/ you havent processed it etc" arguments as I havent deferred since they defaulted me. 

Any help is much appreciated,

Thanks

 

Claimant N244.pdf

[AndyOrch]

You will have to submit your own statement in response with objection...not less than 7 days of the hearing date.

 

 

 

.

[billywilder]

Thank you DX for sorting through the pdf I posted. It is much appreciated.

Ive been reading as much as I can today and am sorting what I can by tomorrow to send to them by email.

I shouldnt have left it so long I know.

Poor time management but I'll try to do my best to get a defense to them in time.

From reading around my best argument seems to be that the default is invalid because it is only one for the assigned account number and I have not been sent two separate default notices for the original accounts?

Is this correct? 

I have looked at the included link but I dont understand it well enough to see how it dictates the need for a default for each separate agreement.

 I mentioned that I don't recollect receiving them and that there needed to be 3 copies of the default notice and termination notices, she said that only 1 copy needed to be served and asked me for the relevant CCA section for this, unfortunately I didn't know this, my fault not being adequately prepared, if it exists?

Section 87 (1) CCA1974 

https://www.legislation.gov.uk/ukpga/1974/39/section/87

Because my account should now have passed natural writeoff. How can I present this information to the court to hopefully end their claim and be done with it? I cant find any precedence of this.

i cant ever see them winning with this

What so I need to reply in order to reiterate this point. A lot of this is going well over my head.

there is nothing new in their statement.

[dx100uk]

On 21/09/2023 at 20:27, pellegrino said:

write-off date - DX mentioned the fact that the 'stop the clock' doesn't stop this. Is this correct DX? 

much the same as the statute barred date, if a claimant purposefully issues a claim to halt the clock, then waits months or years to progress it, the longer they leave it more doubt can be placed upon their real intentions of starting the claim in the first place. the write off date falls under the same such criteria,

 

same goes as in a debt buyer issuing a default notice months or even years after the last acknowledgement under deferment by the defendant.

nearly all erudio default notices are issued in 2016,  that typically atleast 3yrs after last deferment. not on either.

dx

 

[billywilder]

Ive been going through all the posts in order to construct my WS. I am trying to understand where I stand especially as I will poetentially have to go in front of a judge to explain my reasoning

 

Can anyone clarify whether my loan qualifies to be written off under

 

The Education (Student Loans) Regulations 1998

 

as it states that you must not be behind on any repayments under any agreement for a student loan. 

 

Is the view that we are now under different agreements since the assignment? 

 

(a

(b)

"is not behind on any repayments under any agreement for a student loan and—"

 

 

 

[dx100uk]

depends who is claiming you are in arrears and under what rules and by what proof.

slc never automatically charged people arears fees nor considered a loan in arrears 'just because' you say forgot to defer one year.

whereas erudio seem to do it at the drop of a hat, even though a student had never contacted them nor deferred since the sale to them of their loans in 2013 nor to date. 

they just make up these mystical 2016 default notices several months/years after the student last made any contact acking the loans, and say we can now deem you to be in arrears, this possibly stops your write off so you must pay us now, else we'll do court,

but they do court anyway to stop any chance of Statute barring, even when they are already SB, but they think their default notices re write all the rules and send the sb date to infinity

dx

 

[billywilder]

Having spent all day yesterday until late and starting early today reading around and trying to prepare to write my witness statement im realistically not much further on. I have missed the 7 day deadline which was today to email let alone post a witness statement and required documents. 

What happens now?

I assume with no defence the claimants wishes are met in court.

From what I can see if I don't want another default against me I then have a month to clear the balance?  

 

Am I able to make an offer to get them to write off the debt. Would have to be monthly amounts atm. Or I put it on a credit card. Was thinking about  £2k total. How does this sound?

 

 

 

[dx100uk]

you've know you had to do a witness statement SINCE 22nd jun...what have you been upto in the last 4mts??? nothing?

you didnt tell us you had a court date how could we ever have chased you..............post up the court hearing notification please?

you are a litigant in person - joe bloggs against the system you have leeway..get a ws up here pronto.

i would not be offering any settlement.

 

 

 

 

 

[AndyOrch]

Adapt the following statement and get it filed and served today.

 

[billywilder]

Hi. Yes it is poor. I didn't realise that I had left it so late. I tried to post the Claimant witness statement a couple of times. Failed and then got on with life. 

I would like to say thank you firstly for your continued help with trying to get it sorted. I appreciate greatly that you are volunteers and give up your time and experience trying to help people to fight these issues. That is partly why I have tried to carry on fighting it for so long as I can see your distaste for the DCAs 

With regards the witness statement.

Sorry for the delay in replying. My kids have been off school this week with illness so I was with them all day yesterday until late. 

I have tried to adapt a statement for days from that one posted mostly . It is so detailed and I don't have the timeline readily available of what happened to me and when.

It seems I need to counteract each paragraph one by one with reference and timelines and I don't have the knowledge or understanding to know what I'm doing to write much at all I have found with trying. I have read and reread the threads that seem similar to mine but none have the same arguments and situations. 

Maybe it is better just to post something quick in layman's terms just to provide a defence. I genuinely don't know what my defence is. I have been provided with all the documents. The agreements are legible if not badly. I signed them. They have provided assignation and termination letters.

Reading other people's experience with judges they seem to rightly question the validity of the no documents argument if you knowingly signed the agreement and it is legible.

I thought that because I was defaulted in 2006 by slc that it couldn't happen again but it appears that now that the account has been passed onto other companies that doesn't stand. 

I thought that they had messed up by trying to default me on one agreement rather than two and that was going to be my defence but it appears that the issue there would be if they had referenced two defaults in their WS but only provided one.

That seems to not be the case for me as they have assigned their own single  account number and are trying to default me on that. 

I genuinely don't know what I am trying to say in my defence. The more I read over two days the less close I seemed to end up with answers until I realised that I'm not sure I could do it.

I will quite happily pay someone to help me if that was an option. 

I hoped that because the debt should be written off due to time that would be a defence. It appears that Dryden's have made it so that I have arrears now it.

Having rung National debtline to try to understand things better and they said that it wouldn't be written off  because of this. 

Even if I can just supply something simple if that would work I would go down that route but it seems the requirements are to do everything within the legal framework. 

Thanks again and I really appreciate the time and experience that has been shared to help me. 

I have a meeting/assessment this morning but will have another look at lunch time to see what I can do

Bit of respite. Assessment cancelled. Looking at this now

 

 

Just writing it now. Hope that it is accepted

 

Notice of assignment 21/03/2014 shows

xxxxxx as being issued at 20th November 1995 for £1385 and the balance as at 1st Jan 2014 as being £1999.88

xxxxxx as being issued a t 10th October 1996 for £1645 and the balance as at 1st Jan 2014 as being £2305.78

 

12th April 2019 Letter of Claim states

xxxxxx as being issued at 14th November 1995 and the amount outstanding as being £1998.25

xxxxxx as being issued at 4th October 1996 and the amount outstanding as being £2280.78

 

Letter of Claim contains inaccuracies and is therefore invalid?

 

Can I add this as its an added defence? It uses the evidence they've provided for the case

N244A Court date 25 Oct 2023.pdf

[dx100uk]

you are not filing a defence, why do you keep saying that, you filed your defence in july 2019.

you are constructing a witness statement rebutting each statement made by erudio in theirs

you need to point out that erudios issuance of a dn in 2016 is void as slc already issued one in 2008 (you have that dn to inc in your exhibits)

i wouldn't be going down the line of illegible agreements nor the dn is for the wrong account number, erudios dn is void anyway they can not issue a second one after the 2008 slc one, as you did not resolve the slc one first time around.

i would also simply point out that as you last deferred in 2013 (date) (inc a copy of deferment proof in your exhibits) and that erudio solely raised the claim +4.5 yrs ago try to try and halt your natural write off date (2021 wasn't it) and to stop the statute barred clock. (would have been sb'd 6yrs from the date of your last deferment form) and why have they left trying to seta side 4.5yrs !! not fair on all three fronts

 

 

[billywilder]

Right. Got a friend to go and dig out the deferment from 2014 and the Default from 2007 and send it to me .Going to send it all off today

Can anyone link the legal documents that say that once you have been defaulted for a debt then you cant be defaulted again. Ive been through the CCA 1974 and cant find it. I'd like to make the argument a legal one so that it is stronger if possible.

2014 Deferment agreement. Shows arrears of £727.85 so I think that makes the write off argument weak as it specifically says that writeoff only occurs with no arrears. Happy to be corrected

The defult from 2007 is a mock up with explanation as to why. Looks weak knowing what I know now but is what it is. I didnt get the original which is why I was defaullted as I didnt live at that address. I will only include the Default notice I think for the court and not pages 4 and 5

 

 

Defendants WS exhibits.pdf

[dx100uk]

On 21/10/2023 at 09:10, billywilder said:

Can anyone link the legal documents that say that once you have been defaulted for a debt then you cant be defaulted again

you should have been all over this months ago.

section 87/8 of the consumer credit act.

its already covered here extensively in other erudio claimform threads and their defendant witness statements

dx

 

[billywilder]

Just out of interest how are you removing the editing done with a pdf editing program? I cant see how to do it on mine which is pdf24

For what its worth here is what I submitted to the court.

I sent my WS via email to the court and Drydens litigant yesterday.

I will have to send recorded delivery a hard copy to Drydens tomorrow as I missed post on Saturday.

 

[dx100uk]

thread tidied

13 hours ago, billywilder said:

Just out of interest how are you removing the editing done with a pdf editing program?

you follow upload AND NEVER USE A PDF EDITOR as it says, they can be undone by any other editor 

[billywilder]

I understand it is the hands of the judge now, and that I shouldnt have left it so long. 

I need to understand the potential outcomes

Is worst case scenario

The judge can decide that because my documents were late they lift the stay, find in Erudio/Drydens favour and pass SJ. I then am liable for the full amount that they are claiming for?

I received a statement of costs today which comes to around £1k. How likely is this to be added on if this is the case?

 

[dx100uk]

dont be frightened by the letter.

its done simply to make you think the way you are now.

the claim is less than £10k so is NOT fast track but small claims, costs are severely limited, don't believe what they've put down, even if you do lose, the judge wont allow excessive costs.  prob only the n244 £275 fee.

just as a side issue for future readers, just because we put a few ideas on here for inclusion in a statement, it does not mean that is ALL you file.

just complaining  that its unfair on this issue and that issue, which would mean you dont owe it, like write off age and sb date, it doesnt mean you dont also include responses to their paragraphs in their ws. 

 

sadly, @billywilder i feel you could lose this for no  other reason than the above.

you had months to sort this out.

dx

 

 

[billywilder]

Fair enough. Looks like it might be an expensive mistake.

Nurselayers case seemed to go well and their first WS was just a few points so I took hope from that. To answer every paragraph would have taken me too long. Like I say I would pay someone to have done it for me as it is well outside my understanding let alone skill set to execute. From the sounds of it their case took 100s of hours of reading and writing, and they lost at least a week of work to it. 

I have probably in its entirety from 2006 when I first tried to fight this lost at least a week of work in time and again spent many 10s if not 100s of hours trying to understand and action what I gleaned to be what was needed from the help here. 

This week it has already impacted my time with my kids massively and I havent been able to work at all. I know that this doesnt come across in the documents I have posted but like I say, it is something that takes me a long time and doesnt come out particularly well

So to clarify if I lose then I will be deemed to owe the total amount that they are claiming in their original claim at least. And then if I dont pay it within a month then it will show up on my credit file? Can I arrange a payment plan?

I am thinking to offer to clear my arrears of around £727.85 as I am making an offer and trying to avoid court.

Also that is the only reason that according to 

The Education (Student Loans) Regulations 1998

12.  The lender will cancel the borrower’s liability to repay the loan if the borrower—

(a)
dies,
(b)
is not behind on any repayments under any agreement for a student loan and—
(i)
was under the age of 40 when his last agreement for a student loan was made and he reaches the age of 50 or when the last agreement for a student loan has been outstanding for not less than 25 years, whichever is the sooner.

That the debt would not be written off unless the termination is upheld as I was under 40 in 1996 when my last loan was taken out.

Has anyone got any ideas how I should go about offering to clear the arrears tomorrow.

Do I write to Drydens and to the court?

[jk2054]

you dont write any offers to the court.

You would contact claimant and ask if they will settle for that. if they do you ask them to file a notice of discon with the court.

[billywilder]

Claimants agent is OK (the litigator for Drydens in this case)? 

 

I would hope that even if they didn't agree to settle then that may go in my favour if we go in front of the judge as I am trying to compromise.

I would have to do it by email due to time constraints so they may not respond. I thought that perhaps I can take it into the court room if I make it that far. 

[jk2054]

Sorry i've not had time to read all 4 pages of the thread.

 

Have you done DQ yet?

Have you got a hearing date?