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***

[iabb]

Hi All

 

hoping for some urgent advice as I'm in court for a set aside hearing in the morning

 

Erudio obtained a backdoor judgement in default against me, only found out through a clearscore alert.

Seems all paperwork was issued to an address that I lived at 5 years ago.

 

paid the fee and immediately applied to have it set aside.

cobbled together an outline as to why.

 

Court set preliminary directions for a set aside hearing on 4th September which included filing a copy of the defence I would have relied upon if I had received the documents.

 

at this stage I used this site and cobbled together an embarrassed defence as they had failed to respond to my cca request and also raised the question of statute barring since I have not paid or acknowledged in over 6 years. (I thought I had paid it all off!!)

 

at 10.59 this morning Drysden's sent copies of NOA, termination notice issued in Feb 2019 and a letter stating my loan had reached maturity in Jan 19.

they wouldn't discuss a compromise as encouraged by the court in the directions, but served these today and asked me to withdraw the action on the basis that they had served properly as per CPR and that the claim wasn't statute barred as their cause for action was Feb 19 when the termination was issued

 

I know the judge will decide if he thinks I have a reasonable prospect of success and on that basis whether he is minded to set aside, but they have blindsided me today and I need some advice for tomorrow.

 

I cannot for the life of me tell if I owe the amount they say or not as no-one can give me a statement of account to determine that!

ive spent hours on the phone to Erudio, SLC and Drysdens to no avail!

[iabb]

thanks DX. I know I should have asked for advice ages ago.

 

so tomorrows hearing is a 30 min allocation to consider setting aside the default judgement

 

ive spoken to SLC-No open account so they cant tell me but I'm guessing it was in 2008/9, then I started paying it back.

 

Erudio cant tell me anything as account is locked to Drysden and Drysden cant or wont give me any of those details!

 

I didn't fail to update them-I genuinely didn't realise that I had a balance outstanding. If I had known I would have, but this dates back to 98/99

[iabb]

have not deferred since I started paying it back, genuinely thought that it was all paid  

 

Drysden's say I paid £2.80 in Feb 14.

Erudio said no payments on their system from 13 onwards,

 

SLC cant tell me what payments I made full stop.

 

so by my logic it should be statute barred, but Drysden solicitor says no as they didn't terminate the account until February 19.

they also didn't serve a default notice, only a termination, said I'm not entitled to one as my account has matured

 

I didn't pay 2.80 in Feb 14, checked with the bank but I am awaiting the proof as the statements are so old!

[iabb]

Ive probably spent too much time trying to comply with the directions from last week and reach a compromise.

with hindsight, I shouldn't have.

 

I deferred every year until I met the threshold, then started repaying accordingly.

that was in 2008/2009 and I only know that because that's when I got a job that took me over the threshold.

 

is there anything I can use from any of this mess to convince the judge that my claim would have a reasonable prospect of success?

 

do they have to serve a default notice? 

[iabb]

Would that be tomorrow? 

I thought tomorrow would only be to decide if the judge is minded to set aside and let me proceed to defence stage

 

I sort of assumed there would be a further hearing for that, or am I thinking incorrectly? 

 

does their termination notice in 2019 constitute valid cause of action if the debt hasn’t been acknowledged or paid towards in last 6 years? 

[iabb]

Documents produced by drysdens sent today at 10.59am by email. 

 

Do you need details of what documents they are and when they were issued originally? 

[iabb]

Thanks dx for your help.

 

So focus on the debt being statute barred, the documents not being served appropriately or indeed admissible at this late stage, and hope the judge is minded to set aside and proceed to defense at a later date? 

[iabb]

dryden email 

 

Hearing: 4 September 2019 at 11:20
We refer to the above matter and write further to your recent correspondence.
We note that your application to set aside Judgment is based on the following assertions:

1. Correspondence has not been served at your current address; 

2. The claim is statute barred

In response to your application, please find
attached:
1. Copy agreements, signed by you on 2 October 1998 and 16 September 1999. You will note that in condition 10.1 (c) of the terms and conditions, it is your responsibility to immediately inform our client of any change of address. All correspondence has been sent to the last known address held.

2. Notice of Assignment and Fair Processing Notice and FAO dated 25 March 2014 sent to your last known address of xxxxxxxxx

3. Letter from the Student Loan Company dated 25 March 2014 to confirm that your loans had been sold to Erudio Student Loans as of 10 March 2014.

4. Letters from our client dated 25 and 26 January 2019 including a Demand in Full letter to confirm that your student loans had  matured and the full outstanding balance of £1,545.97 is now due and payable. 
As a result of your loan reaching maturity and the balance remaining unpaid, you were in breach of the terms and conditions of your Agreement, a copy of which is enclosed for your records. 
Your agreement was subsequently terminated and as such, your contractual rights were discontinued, ncluding the ability to defer the loan and the right of cancellation of the debt after it had been outstanding for 25 years.

5. Termination letter dated 12 February 2019, confirming that the terms and conditions of your student loan had been terminated and  the balance is now due in full. 
The claim is therefore not statute barred as the demand in full and termination notice were issued in January 2019. 
The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980.
A letter of claim was sent to your last known address on 16 April 2019, copy attached. 
In the absence of any response, a claim was issued against you and Judgment duly entered on 8 July 2019. 
The claim was therefore correctly served at your last known address in accordance with Civil Procedure Rule 6.9.
As Judgment has been obtained, further Court fees and costs have been incurred and the balance outstanding is now £1,752.97 as detailed below:
Debt amount £1,545.97
Court fees £105.00
Court costs £102.00
Current balance £1,752.97

Given that the attached documentation deals with the issues raised in your application in full, it appears that your application presents no justifiable grounds upon which Judgment should be set aside.
We would therefore, invite you to withdraw your application with the Court ahead of tomorrow's hearing and settle this matter without the need for further legal action.
In the event that the hearing goes ahead, we will seek our client's instructions in terms of objecting to the application at tomorrow's hearing and request payment of our client's costs in dealing with the same.
We trust that this course of action will not be necessary and look forward to hearing from you by return.

Yours sincerely
p

 

[iabb]

DX not Scotland, Wales all my life

[iabb]

Andy i filled to set aside 2 weeks after finding the default judgement. It took me those 2 weeks to find out what the judgement was in relation to

[iabb]

Judgement set aside with an order for costs under 13.2 as judge believed claimant had reasonable cause to believe I  wasn’t at address and should have made enquiries as per cpr.

 

6 weeks for them to produce all documents including a full statement of account and witness statement and then a further 2 weeks for me to amend my defence in response 

 

thank you so much for your support, I will come back with some further questions on matured accounts and termination notices if I may, as they are relying on the termination notice to invalidate my statute barred claim 

[iabb]

Would I be best continuing on this thread Andy/DX? Or starting a new one? 

 

Thank you

[iabb]

Hi guys.

 

Starting to think about my defence well

in advance

 

wasn’t quick enough in court to raise this issue, indeed this is very much a 5am thought. 

 

So the court accepted procedural error under 13.2 (rather than exercising discretion under 13.3) as the claimant had reasonable cause to believe that after 5 years of unanswered correspondence that i was no longer resident and it should have made additional checks   

 

Does it therefore follow that the court will have to accept accept that the termination notice served by erudio in 2019 will also have been deffective and that they have also not complied with the pre action protocol appropriately as the letter before action will also be improperly served and as such they have no legal redress? 

 

If the above doesn’t automatically stand, Their argument against statute barring yesterday was that the cause of action (I.e termination notice issued in 2019 as the loan had matured)  was within 6 years and therefore not statute barred. My argument will of course be that the debt was barred before service of any termination anyway, but if the court was minded to accept that they restarted the clock, would they have to prove that the notice of termination had been properly served? 

 

Lastly for now, I cannot find very much info on matured loans and course of action at maturity that gives rise to valid civil action.  They have only served a termination notice , no default notice. Is this correct? They said as the account had matured they don’t need one, but everything that I can find seems to relate to mortgages and includes a default process? 

 

Sorry its a long one, but thanks in advance 

[iabb]

Thanks Andy, is there anywhere you can signpost me to on in terms of where that is set out so I can read up? Any views on the address point? 

[iabb]

If the court ruled they should have known I was not at the address that court paperwork was served, would that work as far as any termination notice and pre action protocol is concerned too? 

[iabb]

Thanks Andy. I don’t suppose it would hurt to try and make it as a point, but then if court doesn’t agree move on to the enforcibillity issues?

 

ill come back when I’ve crafted an out line defence and have a good read through the links above. Your a star! 

[iabb]

Thanks DX. Just trawling through section 98. 

 

Any useful pointers on refuting the matured argument? 

[iabb]

Ok guys, so I’ve had my bank statements back, and it looks like the last dd to student loans company was 10th September 2013-arrrghhh! 

 

So if they produce a statement of account, it’s likely that this will show, and the amount won’t be statute barred, I took 3 loans over 3 years, so I’m not sure how payments would be allocated or whether the payments were allocated pro data across all 3, although erudio only have 2? Anyway, will wait for statement of account and look at that when it arrives to see whether I have any hope under statute barring. 

 

If that hat is a no go I will then need to argue on the basis of process. 

 

Court already accepted paperwork hadn’t been received and the only notice they issued was a maturity notice in jan 19, then a termination notice in Feb 19. The termination notice does not give a date to remedy the breach-would it help if I posted it? 

 

Credit agreement contains all prescribed terms so is valid, so my defence is likely to be solely based around the process and termination. 

 

If im honest im

struggling with interpreting the wording of section 98, or finding anything on maturity defaults that doesn’t relate to mortgages or default processes 

 

can anyone help? 

 

 

[iabb]

Will do DX

 

if I redact a copy of the termination notice can you take a peak as well please? 

 

 

[iabb]

So how do I argue that effectively in my defence? 

[iabb]

I’ll post up the notices later so you can see. In work at moment.

 

So far they have failed to produce a default notice  or notices of sums in arrears, only this maturity notice and a termination notice neither of which give any opportunity to remedy a breach or any timescales for doing so 

[iabb]

Hi all, me again!

 

So can someone advise me what I do next if they don’t produce the documents set out by the court directions? 

[iabb]

No deadline is today,

they were given 6 weeks to produce everything including a full statement of account from inception to now.

I then have 2 weeks to amend and serve my defence.

 

Today is their deadline,

if they are true to form I’m expecting something to land today,

but if it doesn’t can I make an application to have this struck out? 

[iabb]

Sorry DX I’m confused, I’ve already done that, they told me months ago they had no data on their systems in relation to their account.

 

the court ordered erudio to produce and they had till today to produce-my question is, if they don’t, is there some kind of application I can make to get their claim dismissed? 

[iabb]

Spoke to court, no papers lodged with them or me, but judge won’t look at it unless I make an application. Any idea what application I would make?