Backdoor CCJ Erudio/Drydens - old SLC Loans - successful set a side- *** Claim Struck Out failing to comply with court directions*** Now New Claim 2023***2nd Claim Discontinued***

[AndyOrch]

From the parts uploaded looks okay but cant see the statement in its entirety...did you include a statement that the claimant has failed to comply with the courts directions ?

[iabb]

Yes, it’s under point 5 in the second attachment 

[AndyOrch]

Second attachment ?   Your point 5 refers to submitting  a further defence ?

[iabb]

Hi all, quick update! Struck out at hearing! Thank you for all ur help x

[honeybee13]

Well done.   Can you tell us more about what happened on the day please? It will help other people.

 

HB

[AndyOrch]

Thread title updated.....yes please expand.

 

Andy

[iabb]

Hi all

 

so in the weeks coming up to the hearing I chased the court regularly for updates, as they hadn’t sent any of the documents the court order set out or sent a witness statement. 

 

I half hoped they had decided to let it go unrepreesented but surely enough they had instructed  a solicitor who was there complete with witness statement and all documents! 

 

Winness statement hadnt been prepared until day before the hearing and court didn’t have anything on file either, but judge allowed oral representations for relief to allow the evidence to be included or failing that an adjournment to allow me to consider the evidence

 

i was allowed to make representations against the application, so I drew the Judges attention to the specific paragraphs in the directions that they had failed to comply with, said I had complied with everything the court requested and asked him to strike out.

 

he sent us both out to deliberate and when we came back he summed up by saying they complied with the directions to pay the hearing fee so knew about the rest of it,

 

wouldn’t allow me to be blindsided by evidence on the day, and wouldn’t waste any more of the courts time by adjourning and relisting - so struck their claim out with costs for me for the day off! 

 

Not such a scary process thanks to the help and advice I got on here before hand! 

 

Thanks all xx

[dx100uk]

thanks.

[iabb]

Hi Guys

 

This forum was immensely helpful in helping me set aside, then strike out a back door CCJ and subsequent claim proceedings in 2019 brought by Drysdens on behalf of erudio.

 

However this weekend I received a new claim form from Northampton and they are attempting to pursue the same debt through the court route again! 
 

has anyone had any experience of this?

[dx100uk]

threads merged

 

please complete this:

 

have you par chance a copy of the original backdoor CCJ Particulars of claim too?

 

this should be easy to resolve, might be as simple as reminding drydens of the old set aside which you won

so thus nulled that org backdoor CCJ

so the statute barred clock would have resumed so now most def 6yrs has elapsed since last payment or deferment!!

 

it could be they are hoping you'd moved

 

but get the details up and that old POC please

 

dx

 

 

 

 

[iabb]

Thanks DX, I don’t have the original POC. I never got the claim as it was issued to an old address, but will get the new one on and the questionnaire completed in the morning. 
 

I have already lodged a formal complaint with the fleecers today, but it can apparently take 8 weeks to be looked at, and I know I don’t have that long to respond to the court paperwork. Needless to say I will be defending! 

[dx100uk]

i wish you'd stop jumping the gun and doing things without checking here first

 

this was one of your pitfalls from day one on this claim.

 

ASK CHECK DO. 

[iabb]

Got it! I won’t do anything else I promise, I just tried to remind them and give them the opportunity to do the right thing, they just told me to defend! I cannot believe regulated bodies can do this sort of thing

[dx100uk]

who's regulated?

these are debt collectors and their wolves.

the biggest financial sector outside of banks themselves...WHY???...

 

the only people that can ever regulate them are joe public by STOPPING ALL PAYMENTS TO EVERY DCA.

 

their industry would collapse over night

 

but sadly  joe public are just plain STUPID and think a DCa is a BAILIFF so blindly pay.

just like they think a private parking company can issue FINES..

 

 

[iabb]

Surely Drysdens purporting to be the legal arm are regulated by the law society and FCa, or am I just that naïve lol! 

[dx100uk]

you are merely a line in a spreadsheet which is automatically actioned by their threat-o-gram PC hooping to scare mugs into paying and wetting themselves.

std practice across the industry since the mid 70's.

 

get that sticky done stop prevaricating.

 

 

[iabb]

Which Court have you received the claim from ? CCBC Northampton

 

MCOL Northampton N1

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant ? Erudio student loans LTD

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th April 2023

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has..

Give answer here

 

1.claimant claims £2100 for monies due from the defendant 

2 debt was pursuant to regulated agreement between defendant and student loans company ltd. Each agreement has individual account no xxxxxx

3. The defendant failed to make payments as per the terms resulting in the agreement being terminated. Notice of such is served by default or termination notice, subject to the terms of the agreements.

4. The debt was assigned to the claimant on 22/11/20 13, with a notice provided to the defendant. A new master reference number XXX who is also applied on assignment.

5. The claimant has complied with the pre-action protocol for debt claims

 

What is the total value of the claim? £2100
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? Yes, previous judgement in default set aside on this basis

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? student loan
 

When did you enter into the original agreement before or after April 2007 ? Before, 1998/1999
 

Do you recall how you entered into the agreement...On line /In branch/By post ? By post
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, from previous Cc action

 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Since the previous court action 
 

Why did you cease payments? 2012/13
 

What was the date of your last payment? As above, possibly September 2013
 

Was there a dispute with the original creditor that remains unresolved? Claim previously struck out in 2019
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No 
 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
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 £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[iabb]

Thanks DX. Will get that done. What is the main line of defence going to be here, is there a standard defence for repeat claim following strike out?

[dx100uk]

probably Res Judicata would apply here and a defence would have to be specifically drafted to challenge the claim

thats for @Andyorch's help later.

 

 

[iabb]

All done. Defence needs to be served by 28th April, technically 1st May but I’m going into hospital then. Is there a Res judicata defence you could link me to? Not much I can find on search. Thanks all 

[dx100uk]

@Andyorch will sort you 

[iabb]

@Andyorch could I trouble you for some res judicata advice please-thank you!

[dx100uk]

+10 days yet.

we are voluntary

we dont get paid.

 

Dx

[iabb]

I know, just thought it would be courtesy to ask Andy myself. I really appreciate any advice I’m given and am happy to do some leg work to pull stuff together as well