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Erudio/Drydens successful set a side- now defence

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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!

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god why come here sooooooo late

and why file an embarrassed defence!!

those went out the windows years ago.

 

the docs you've been sent cannot be used, things have to be filed well in advance not less than 7 days before a hearing

 

when did you last defer please?

if you don't know go ring SLC and ask now.

 

I will assume you failed to update SLC and/or Erudio of your correct address ...never run from debt!

 

 


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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

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so when was your last payment and was there ever a gap of 6yrs whereby you never deferred nor paid?

 

dx

 


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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!

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how to go about things the wrong way...

classic example.

 

under the 

prevention of Fraud act

and

the data protection act slc MUST hold your data for 6yrs.

 

but its too late now to pull that string 5:30.

 

you've had all this time to sort this and still have continued to let yourself be fobbed off.

 

termination , maturing, defaulting, all smoke and mirrors.

 

lastly I will assume stupidly you've been using email and drydens have sent these docs by email

if so ignore them

NEVER EVER use mail

allows the filing of docs last min .

 

and never ever use the phone!! esp to the fleecers or their dogs.

 

did you regularly defer up until you start paying these back

and were you ever over the threshold?? 

 

 


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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? 

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proving or not statute barred is your key

 

drydens CANNOT use any of those documents they sent you in court

you OBJECT.

 

were they sent by email or when by how

 

dx

 

 


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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? 

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please stop going around in circles and answer the questions..

 

you cant unbar a debt that was already SB'd

so if they gained the backdoor CCJ when it was already SB's 

guaranteed set aside.

 

but you must reasonably prove the SB defence.

 

typically in a set aside application..

you need a reason to set aside the judgement

a defence for the original debt.

 

in your case SB covers both.

 

so Q's in post 8 please

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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? 

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They cant use them

sent to panic you

 

Dx


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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? 

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if its agreed SB'd they'll be no further hearing.

 

and even if there were it will be even more SB'd by the time it gets back to court.

do NOT let drydens refer to any docs

pipe up and object.

 

dx

 


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Have you been served a copy of the claimants statement in response to your application to set a side?


We could do with some help from you.

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Scotland?

 

are you now resident there?

or was this studied in England and now you are in Scotland?

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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 " There was sort of a response in the email today, pretty much all refers to the documents they sent. Would it be helpful to post Andy? "

 

Evidence (their documents) must be supported by a statement complete with a signed statement of truth otherwise the evidence is really immaterial and normally inadmissible because its not been served with a supporting statement.

 

The fact that you have not been served the evidence/statement with sufficient time to consider it should be brought to the judges attention at the first available opportunity.

He may allow it subject to the calibre of the judge but if he does the judgment should be set a side for parties to prepare sufficiently.

 

A set a side hearing really should not be a mini trial..the question is are there grounds to set a side, have you provided reasonable grounds to enable you to defend it or has there been an error in process and lastly as the application been made promptly to set a side...if you can fulfill all them you will get your set a side and then be able to challenge the claim normally with a defence at a later date.

 

Andy


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DX not Scotland, Wales all my life

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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

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Prompt application then...and your running with statute barred pre claim.


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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 

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

 

Thank you

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