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]

Will take a look tomorrow

[iabb]

Thanks Andy 

[AndyOrch]

In preparation we will need the original particulars of claim/ claim number/a copy of the Notice of Strike out....with all the dates and amounts claimed. 

[iabb]

I never had the original POC, it was a judgement in default. I’ll upload the strike out details shortly 

[AndyOrch]

 Contact Northampton MCOL and request a copy or ask for the text of particulars 

[dx100uk]

remove the claim number!!

[iabb]

I can’t delete it now-I thought Andy wanted the claim number 

 

Dx can you tell me how I can remove it please-the attachment 

[honeybee13]

I've hidden your post to keep this anonymous.

 

HB

[iabb]

Thank you HB

 

I have hopefully redacted this one properly 

 

 

 

2019-12-30 court Order - Claim struck+costs.pdf

[dx100uk]

just a little tip when redacting stuff...

 

you only need to redact YOUR pers details like name and address and any claim/ref numbers the fleecers can use to ID you here. if they were to look and as ONLY MEMBERS can download stuff we would know if they are a member too and....

 

leave everything else unredacted like times/dates/£figures/names places etc

sometimes important stuff to the knowledgeable members is unnecessarily removed.

 

dx

 

 

 

[iabb]

Thanks DX, I think there should be two versions now, one visible to you and one to wider Cag

[iabb]

Hi guys, I need to file my defence this weekend as I’m in hospital next week. I’ve had a CPR response, they are looking for my docs, erudio are looking into my complaint. I know I’m arguing res judicata but what about estoppel 

 

my fall back position is statute barred, all notices were served to my last address so clock hasn’t been re-set, but I’ve seen some  info on this site that judges are accepting new default/termination notices as the cause of action date. Anything I should know about this to include? 
 

I can then draft an outline for you guys to advise on 

 

thank you! 

[dx100uk]

so where is the particulars of claim andy asked you to ring and get?

cant do anything without that?

[iabb]

I posted them for the current claim, hang on….will get the others

[dx100uk]

On 12/04/2023 at 18:01, iabb said:

 

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 
 

 

this is for the new claim that you need to file a defence for soon.

and i will guess @andyorch need the POC from the original struck out claim to compare the 2 to prove it IS the same debt.

 

can you got ring northants bulk and with the old CCJ number ask for a copy of the Particulars of claim from the claimform by email pdf or get them to read it out and RECORD your call. court closes 4pm do it NOW.

 

dx

 

[iabb]

Original POC from struck out action. Just the amounts that have changed as they are still trying to recover their court costs from the last time! 

DOC021.pdf

[dx100uk]

is the master ref no. the same in the old poc as the new poc?

 

[iabb]

Exactly the same 

[dx100uk]

good if @andyorch agrees its just the old struck out claim sum with the their old court costs added in then its an abuse of process and  res judicata 

[AndyOrch]

########Defence########

1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

2. The claimants claim is denied having previously issued the same claim on(insert date)  in the xxxxxxxxx county court claim number xxxxxxxxx which was presided over by District Judge (name) (See exhibit 1a) in which the claim was struck out.

3 . The claim was Struck Out on 30/12/2019 by the aforesaid District Judge. Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore is barred from re-suing a winning defendant on the same cause of action.

4. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

 

Did you ever get your costs paid as per the strikeout notice ?

Are you sure that they didn't make application to set a side the strike out ?  and the paperwork sent to your previous address ?

 

 

.

 

Andy.

 

 

.

[iabb]

Hi Andy

 

yes costs were paid. 
 

No application to set aside, and they have had my correct address since the last proceedings.

 

drysdens told me they had never dealt with this matter before, which is obviously complete nonsense 

 

do I ask the court to ignore the application or strike it out again? 

[AndyOrch]

Ignore what application?

[iabb]

For the second ccj or does the res judicata automatically ask for that? 
 

another stupid question-do I need to say anything beyond res judicata or if it proceeds then use the opportunity to provide a witness statement with more detail 

[dx100uk]

thats the defence you need to file on mcol for the open claim.

 

the rest comes later IF they move it forward.

 

dx

 

[AndyOrch]

19 hours ago, iabb said:

For the second ccj or does the res judicata automatically ask for that? 
 

another stupid question-do I need to say anything beyond res judicata or if it proceeds then use the opportunity to provide a witness statement with more detail 

 

Res Judicata a Latin term meaning "a matter judged". This doctrine prevents a party from re-litigating any claim or defence (or issue) already litigated. The doctrine is meant to ensure the finality of judgments and conserve judicial resources by protecting litigants from multiple litigation involving the same claims or issues.

 

There is nothing to stop you adding a paragraph such as " Notwithstanding the above should the court allow to the claimant to issue the same claim twice without the claimant seeking to appeal or without the court permission the defendant avers that the debt is statute barred pursuant to section 5 the Limitations Act 1980."