Erudio/Drydens Claimform - old SLC Student loans - ignored everything to date

[dx100uk]

is this a pre action protocol letter of claim?

 

with a reply pack?

have you moved since 2014?

 

 

[dx100uk]

please complete this:

 

 

 

 

[dx100uk]

what date did you last defer please

[dx100uk]

Forget that.....

if you last deferred pre june 2013 that debt is statute barred

[dx100uk]

you dont use the paper claimform.......

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 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 £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

as the debt is statute barred

 

there is no harm filing our sb defence as well.

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..
 

[dx100uk]

immaterial.

its statute barred

file that defence.

 

they would have attained your correct address from you credit file

[dx100uk]

No need 

sb defence is absolute.

 

 

[dx100uk]

that's perfect

 

[dx100uk]

nothing

 

whatever appeal you made to them is immaterial.

 

you filed the SB defence

the claim is now well stayed.

 

should the fleecers wish to lift the stay it will cost them £255 and you'll get notification from THE COURT that they have.

 

until/if they do that (very remote) you are quite safe to ignore all their bluff and bluster.

 

dx

 

[dx100uk]

eh?

you filed your defence in jan!!

they had 28days to continue the case

they didn't

 

 its been stayed since jan..

 

how can you now have an n157? form your local court?

 

scan up what you have received please..

 

[dx100uk]

How can you be at the disclosures stage when youve never received an n180 directions questionnaire

nor an n157 notice of allocation??

 

something is not right here..

unless its erudio sending you what they would file if they used an n244 to attempt to lift the stay?

 

you said this was from The court not erudio??...

 

So its an n244+bundle from the court because an n244 has been raised and gives a hearing date with 7days to object if you disagree

 

Please clarify??

Dx

[dx100uk]

simply erudio raising an N244 (as eluded too in post 28) to lift the stay on the old case because they think issuing a Default Notice default notice in September 2018 sets the SB clock date... it DOESN'T and is of any use when you last deferred your loan by early 2013. 

 

pers i'd be writing to the court and objecting to the N244, but let andyotch comment upon the correct response...

when is the hearing date? 

[dx100uk]

Tuesday?

what date is the letter from the court informing you of the claimant N244 etc etc?

 

was this sent to your parents address weeks ago? and you've only just got it?

 

 

[dx100uk]

what date in on the letter you got 3 days ago from the court?

is this simply a on papers hearing like the attachment

 

court keans stay lift.pdf

[dx100uk]

so they are trying the old BMW v Hart dodge that the sb date is Default notice + 14 days when the last time the defendant acknowleged the debt was by deferment to SLC in 2013 and the default issued by erudio is some 5yrs after that date...nice try.

 

I've a feeling a letter has conveniently gone missing as I expect you were supposed to fwd your WS to drydens for them to be merged as one bundle for the judge.

 

quick line about how hart doesn't apply andy?

[dx100uk]

the fact you tried to defer in 2014 is immaterial.forget about it.

 

 

 

 

[dx100uk]

you are not understanding this very well.

 

its not to your advantage to state you made contact in 2014 regardless to it being immaterial.

 

not a lot you ned to say

the debt is statute barred.

 

though obv it might be an idea to briefly counter their hart reference that it is not.

 

 

[dx100uk]

the hearing is by telephone

 

dx