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]

Will have a look as soon as I get home Andy and post up 

[iabb]

So it says by 24th October claimant to file with court and defendant

 

full statement of account from inception to date

default notice

credit agreement

letter before action

copies of all correspondence sent to defendant in last 8 years

 

i have to file an amended defence by 8th November 

 

hearing fee to to be paid by 15th November-no fee no claim basically 

 

there is a wArning para further on saying failure to comply may result in claim being struck out or evidence not being considered, but nothing specific to filing of evidence......

Edited October 28, 2019 by iabb

[AndyOrch]

Quote

there is a warning para further on saying failure to comply may result in claim being struck out or evidence not being considered, but nothing specific to filing of evidence......

 

Cant be more specific than  " failure to comply may result in claim being struck out or evidence not being considered "  

 

You shouldn't have to make an application when the court attaches a warning to an order.They should strike it out or bar them from using any documented evidence of their own volition 

[iabb]

So how do I get the court to put it before a judge without paying the £100 fee?

The court are saying that’s what I have to do, otherwise submit my defence (based on no evidence) and the judge will deal with it in court?

 

I know some of this could just be a waiting game, but I want to get this sorted and move on? 

[dx100uk]

bet if you ring again and say the claimant has failed to comply, you'll get a diff and correct answer now.

 

 

[iabb]

I’ve rung twice and emailed

[AndyOrch]

Submit your defence on time then and refer to their failure to comply within your defence and the courts order which states that it may be struck out or precluded from submitting any documented evidence.

[iabb]

Do I just re submit the previous defence as I have nothing new to go on? 

[AndyOrch]

Thats all you can do but with the beginning intro redrafted to include the points I have raised above....have a go and I will check it for you before you submit.

 

Andy

[dx100uk]

and?

 

[iabb]

Apologies, I had been locked out after changing my phone!

 

so still no service of documents by erudio, but they have paid the hearing fee!!

I submitted my witness statement on time in accordance with directions, so really no idea what is happening!! 

 

I have today emailed the court and asked the judge for a point of clarification.

That is should they be allowed to proceed to hearing if they have not complied with the directions to produce evidence? 

 

If if the judge won’t consider it, then I don’t know whether I should submit a formal application to get this done and sorted before any hearing? 

[dx100uk]

Whatever prompted you to do that?

[iabb]

I asked the court how it could be possible that they should be allowed to proceed if they didn’t comply with directions, they told me to email and they would put it before the judge. Shouldn’t I have done that? 

[dx100uk]

sorry I remember now, this is a hearing following your successful set aside 

the judge gave directions for filings by 24th october

the claimant has failed to comply, whereby you have.

 

claim should be struckout.

[iabb]

That’s what I believe, however erudio seem to be playing a funny game, paying the hearing fee but not actually producing evidence that directions told them too! 

 

If if the judge won’t consider the email, would you make an application and pay the fee? 

[dx100uk]

they have failed to comply to the specific directions of the judge

typically we see a resolution upon this whenever anyone phones.

however CCBC could be busy so email is fine.

 

the fact that erudio paid the fee is somewhat immaterial, it comes out of an account with CCBC simply by an erudio employee clicking a box, whom doesn't have a clue about your case

[iabb]

That’s helpful DX, I assumed that someone would have had to go to the trouble of making the payment, which seems at odds with the fact they haven’t bothered to submit anything to me or the court! 

[AndyOrch]

Copy of your witness statement  uploaded to this thread would be helpful also.

 

Andy

[iabb]

 I make this statement as my amended Witness Statement to the claim brought by Erudio Student Loans.

 
2. The claim is in relation to a student loan, regulated under the Consumer Credit Act 1974. The claimants Particulars of Claim are vague and omit vital information, including the original agreement numbers despite the particulars of claim making reference to these.

3. Following the successful application by the defendant to set aside the Judgement in Default issued in July 19, the Court issued directions, that the claimant submit the following to both myself, and the Court, by 24th of October 2019:

I) A full statement of account from the contract inception (20-10-1998)
2) Copies of the original credit agreement,
3) Default notice,
4) Deed of assignment
5) Letter before action
6) And any other correspondence issued to the defendant in the last 8 year

4. To the date of signing and serving this amended witness statement, the claimant has failed to comply with the Court's directions and the documents listed above have not been provided, to either myself, the Defendant or the Court.

5. As a result, I remain embarrassed that I still cannot submit a full defence.

6. Whilst embarrassed, these are the aspects that I would ask the court to consider:

 
7. The defendant submits that the alleged debt falls under the remit of the Limitation Act 1980, in that no payment or acknowledgement has been made in over 6 years. 

 

The claimant previously confirmed, in a telephone conversation with the defendant, that no payment or acknowledgment has been made since 2012 when their records begin. Therefore, under section 5 of the Limitation Act, they were not entitled to pursue this action through the Court.

 

The claimant has been given every opportunity to provide a full statement of account, or other evidence to the contrary, however this evidence has not been forthcoming, and as such, I would urge the Court to conclude in the first instance, that the Limitation act does apply and as such, the claimant's action was Improperly brought.

 

The Court has already accepted, by virtue of setting aside the Judgement in Default, that cause of action notice was improperly served which negates any and all re-setting of the clock arguments the claimant may put forward. As such, and on this basis, I would ask the court to consider dismissing the claimant's action as bound to fail.

8. If the court is not persuaded by the basis of the Limitation argument, I would ask the Court to consider the following

9. The claimant, in a telephone conversation Immediately prior to the set aside hearing, advised the defendant that no default notice exists in relation to the alleged debt. They stated that a termination notice had instead been issued without
default proceedings, again to my previous address as the account had reached maturity and as such no default notice was required.

 

I would draw the courts attention to the fact that fixed term loan agreements are also subject to section 87/88 of the 
CCA 1974, and as such, unless all contractual payments were made appropriately within the life of the contract and in line with the prescribed terms and conditions, the account would not have reached maturity and as such, the default process
was very much required as a precursor to any enforcement action.

 

The claimant has failed to issue notice of sums in arrears or take appropriate  action to appropriately terminate the account, and as such, ask the court to put the claimant to strict proof that their actions have not contravened those required under the CCA 1974 to legally enforce the alleged debt as the claimant has failed to produce a default notice i an unable to submit on whether  prescribed terms for enforcement action are indeed contained, and ask the court to put the claimant to
strict proof that any default notice exists. This is the same for any of the other documents the Court required the claimant to submit.

10. Additionally, the Court set aside the Judgement in Default under CPR 13.2, as the Court stated the claimant had reasonable cause to establish proper residency of the defendant following more than 4 years of unanswered correspondence.

 

As such I would ask the Court to consider the propriety of service of any legal, or otherwise required notice set out in Sections 87, 88 & 98 of the CCA 1974. As such, I have not had the opportunity to respond to, or rectify any default before the claimant instigated legal action against me and as default was improperly served.

11. As such, the defendant asks the Court to dismiss the claimants claim in line with the directions given that failure to comply with the directions Issued by the Court may lead to the claim being Struck out

12. If the Court is not minded to do so before the hearing, the defendant respectfully requests that the Court ignores any late evidence submitted by the Claimant and considers the case on the basis of the evidence contained herein.

the evidence contained herein.
13. Statement of Truth
I believe the facts stated in this witness statement are true

 

[dx100uk]

how did that mention of an embarrassed defence and deed of assignment get in there?

[iabb]

I am following the instructions, I’m just rubbish at anything technical! Lol

 

Can dx and Andy point out anything obvious I have missed? X

[dx100uk]

yes 

IMHO it needs tidying and parts removing/adapting

 

can you just simply open the docx file 

and copy and paste the complete text to a msg box here at text so we can copy/edit at will

 

thank you

[iabb]

its Been submitted so I can’t amend it, but can obviously put forward verbal submissions to support? 

[AndyOrch]

No not if its not in your statement....should have waited until we had chance to check it.

 

Andy

[iabb]

Is there anything fundamentally missing Andy?

I know I should have got it checked but I had to submit it really quickly as I waited for the other sides evidence, but it still wasnt forthcoming.

I’ve still not had anything from them and neither has the court.....