Erudio/Dryden Court Action - Advice requested

[Pigeon]

Hi, first time on here so please be gentle

 

I have a student loan dating back to 1994/1995. I have deferred this continuously until about 2014, when I moved house. 

 

In 2016 I contacted the student loans company to ask for a deferral form as I realised I had not received anything from them for a couple of years. I received a response advising that the agreement had been terminated and the account moved to Moorcroft.

 

I haven’t heard from Moorcroft at any stage and then today out of the blue, I received a letter from Dryden Fairfax and a Court Claim form demanding the full amount of my loan. Drydens are asking for full settlement direct in their letter, and of course so are the Court.

 

I’m really really anxious as I’ve never had a Court Claim form before and don’t know what to do. 

 

I’m not in a position to pay this back immediately - I’m still way under the threshold for Student Loan repayment which is really irritating - however if I offered to pay a small amount monthly would that be accepted? Should I engage with both the court and Drydens? 

 

Any help or advice would be gratefully received. Thank you in advance. x

[Dorytime]

Hi,

Ok, it looks like your loan is not statute barred then, because of your deferment in 2014.

 

You probably didn't receive a notice of assignment for the loan as you moved house.

 

Is there any information that you can think of that may present you with a Defence against the claim?

 

Can you please post up the details of the claim, word for word please.

 

Thanks.

 

Dorytime

[Dorytime]

You must complete the acknowledgement of service form without delay, make a copy of it for yourself and then send one completed copy to the court by Special Delivery or Recorded Delivery so that you have proof of filing it in time, this must be done within 14 days of service of the N1 Claim form.

 

The date of service will be on the Claim form or any letter from the court that you received today.

 

Dorytime

[Pigeon]

Hi Dorytime

 

Thank you for the response, much appreciated.

 

Small mistake on on my part - we moved in 2013. Not 2014. 

 

So, it states the following; 

 

“The claimant claims £1,084.60 for monies due from the defendant.

 

This debt was persuant to a regulated agreement(s) between the Defendant and the Student Loans Company Limited. Each agreement had an individual account number as follows : XXXXXXXXXXX

 

The defendant failed to make payment(s) as per the terms resulting in the agreement(s) being terminated. Notice of such is served by a Default or Twemination Notice subject to the terms of the agreement(s).

 

The debt was assigned to the claimant on 22/11/2013 with a notice provided to the Defendant. A new master reference number XXXXXXXXXXXXXXXXX was also applied upon assignment.

 

The Claimant has complied with the Pre-Action Protocol for Debt Claims.”

 

I’ve not received a thing in the post. I’m amazed how both these came through on the same day with nothing heard in years! 

 

Regarding the form - I’ll fill that in straight away and send it off. Should I respond to Drydens letter?? x

[Dorytime]

Oh, so you deferred the loan in 2013 when you moved house, is that correct?

 

What date in 2013 did you defer, this is crucial to the point whether its statute barred or not!

 

Dorytime

[Dorytime]

On the Acknowledgement of service form, tick the box that says "I intend to defend all of this claim".

 

When the court serves a Claim form (the N1) the Defendant has 33 days from the date of service to file his Defence, so it is absolutely important that you complete the Acknowledgement of service (AOS for short) because if you don't the Claimant can and will obtain judgment in default against you!

 

Do you still have your own records for this loan? This will help to establish the last date you made any payment and the last date you acknowledged the loan/debt.

 

Dorytime

[Pigeon]

Hi there again

 

I’m really sorry, I really can’t remember. I used to defer via post so don’t have any copies of the paperwork. We moved in c.Sept 13. But it would have undoubtedly been before then. I haven’t got any correspondence from the Student Loans Company to hand either to see if there might have been any anniversary dates to refer to. I’m sorry. 

 

I’d also written to Erudio/Dryden back in 2016, and got a response from them several weeks later - would this not invalidate a statute barred defence? x

[Dorytime]

No worries,

 

What did you say in your letter to Erudio/Dryden's in 2016?

 

Sorry I forgot to ask, what does the recent letter from Dryden's say?

 

Dory

[Dorytime]

I'm just going to get something to eat. I'll come back on here in about 45 mins if that's alright.

 

Dory

[Pigeon]

Hi, In 2016 I asked Erudio to send me a deferral form, this was their response:

 

‘Unfortunately as your account has now terminated you are no longer eligible for Deferment.

 

Erudio no longer deal with your account and it has now  been passed to Moorcroft.

 

All further correspondence requires to be addressed to them.

 

Please find details of how to contact them :

 

MoorCroft Debt Recovery

Contact number : 0330 123 9765

Customer enquiries : [email protected]

 

If you require anything further please do not hesitate to contact us.’

 

Thank you for your advice so far, really appreciate it x

Kind Regards

[Dorytime]

Well in that case........the last time that you validly deferred the loan was in 2013 when you moved house, therefore you have not given any express acknowledgement of the loan to the assignee and their claim is statute barred!

 

In Bradford and Bingley plc v Rashid (FC) [2006] UKHL 37, the House considered the limitation period under the 1980 Act and ss.29 & 30 and held that a debtor’s acknowledgment of the debt claimed means that the debt is not statute barred.

 

Here are a few relevant paragraphs on the point from this key authority which clarify the correct legal position:

 

[21] I have no difficulty in regarding the letter of 26 September 2001 as an acknowledgment of the appellants' claim within the meaning of section 29(5) of the Limitation Act 1980. In Surrendra Overseas Ltd v Government of Sri Lanka [1977] 1 WLR 565, 575E-F Kerr J said that the debtor can only be held to have acknowledged the claim if he has in effect admitted his legal liability to pay that which the plaintiff seeks to recover. But his acknowledgment need not identify the amount of the debt.

 

[44]A debtor's written acknowledgment of his debt or other liquidated pecuniary claim starts time running afresh under the Limitation Act 1980 (the 1980 Act). Such is the effect of sections 29 (5) and 30.

 

[79]The first issue is whether either or both of the Advice Centre's letters of 26th September and 4th October 2001, if admissible in evidence, constituted an acknowledgement of the appellant bank's claim for the purposes of sections 29(5) and 30 of the Limitation Act 1980. On this issue, I agree with Lord Brown's reasoning and conclusions in paragraphs 53-60. The letters acknowledged the existence of "the outstanding balance, owed to you" or "the outstanding amount". The appellant bank is entitled to prove the unstated quantum of that admitted balance or amount by any admissible means, including oral evidence, in accordance with the Court of Appeal's decision in Dungate v. Dungate [1965] 1 WLR 1477. By the first letter, written in response to the appellant bank's insistence on proposals for repayment, Mr Rashid was simply requesting time to "start to repay" the outstanding balance. By the second letter, written in response to the bank's reiteration of its insistence and its indication that it would consider writing off a substantial sum if Mr Rashid raised a lump sum payment "in full and final settlement", Mr Rashid was simply offering "approximately £500 towards the outstanding amount as a final settlement". In each case, he was clearly acknowledging the outstanding debt without question.

 

Dory

[Dorytime]

Can you try and rack your brains to see if you can remember the month in 2013?

[Pigeon]

I’ve tried,  unfortunately it was done on paper via the post and I have no record. It was 2013 or before is all I can remember x

[Dorytime]

Ok, no worries.

 

Still complete the AOS and tick the box "I intend to defend all of this claim."

 

You should also write a short letter to the solicitor's acting and state that this is a request under CPR r.31.14 for a copy of the documents mentioned by the Claimant in the Claim form, therefore, please provide a copy of the following:

 

1. The agreement(s);

2. The terms & conditions of the agreement(s);

3. The default notice;

4. The termination notice;

5. The notice of assignment;

6. The letter or letters sent pursuant to the protocol on debt claims.

 

Request that copies of these documents are sent to you within 7 days of receipt of your letter (send it by Special Delivery so that you have proof of delivery!).

 

Dory

[Dorytime]

I will help you to draft your Defence against the Claim based on statute barred.

 

So don't worry!

 

Dory

[Pigeon]

Thank you so much, that is very kind of you. I will contest on the court case form and I’ll begin to draft a response. I’ll share this with you on here if that’s ok?x

[dx100uk]

you don't use the paper forms.

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[dx100uk]

as for your defence

 

file this

you can do it at the same time as AOS

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 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 £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..