ERUDIO / Shoosmiths Northern Ireland County Court Help

[skintoed]

Hi,

 

I've gotten back from holiday to find that Erudio / Shoosmiths have sent me the following requests:

 

 - Notice to Produce

 - Notice Requiring Discovery

 - Notice for Particulars of Defence

 

They give 14 days. - it ran out yesterday!

 

Ive been fighting them for a while re a Student loan from 1996, sold to Erudio in 1993, but hoped they had gone away last year.  The alleged debt is SB and there was no contract anyway as I refused to sign their form. I've never admitted the debt and have never paid them a penny.  I've never ever earned enough to pay them a penny either.

 

Under SLC I'd never missed a deferment, but they refused to accept my wage slips despite being clearly under the threshold, and put me into default, and 7 days to pay in full.

 

I've done 3 letters and Cease and desist after claim form and intention to defend last year. Their paperwork wouldn't stand up to the scruitiny of a court.

 

I've not had the chance to take legal advice or prepared a reply, have I missed the boat here?

 

Should I just wait and let them apply to the court for discovery.  ??

 

Their office is near my work so I can hand deliver to them if required.

 

Any help gratefully received.

 

Thanks,

Skintoed.

[dx100uk]

doesn't matter what paperwork they hold 

if you last deferred to slc the debt is statute barred file an SB defence. kill it dead

 

though i'll be honest and say NI court claims are not something we are used too.

 

[skintoed]

Thanks, it's hard to find advice online re the system over here. I was unsure if I should send them anything at all, as it seems to go directly to them, and not to the court?

 

Will remind them that I've notified them of statute bar already, and for them to drop their case. 

 

Also, do I need to answer their pleas at this stage, or do I wait for a request directly from the court? 

 

Many thanks, have been lurking around on the forums here for a while, and had lots of great advice from you and others. 

 

[AndyOrch]

https://www.consumeractiongroup.co.uk/topic/419288-you-have-received-a-claim-issued-in-northern-ireland-what-you-need-to-do/

 

[dx100uk]

I last deferred in 2013 to slc directly,

i have never defered nor therefore your claim is statute barred

should you wish to continue the claim

I will be seeking costs from you.

 

I believe you have to lodge an intention to defend within 14 days ??

there another erudio NI claim here i'll find it later.

 

dx

 

[skintoed]

Just thought I'd let you know that I sent that through to them the next day. i've not heard anything back since, so hoping that's the end of it. Many thanks for all your help.

 

Skintoed

[skintoed]

Well, 6 months have passd and they've send another couple of letters.

This time with a Certificate seeking an interlocutory Order.

 

It appears to be them asking the judge to strike out my intention to defend or compel me to provide replies to the Notice for Discovery, Notice to Produce and Particulars of defence

. - either that or they are saying they didnt receive anything at all.

 

Do i have to send them what they are asking for, or should I just reiterate that it's SB, and then let them go to court?,

Should I copy the court with the response so they can't spoof that they haent received it?

 

Not sure, i ve writen a letter to them, but havent's sent it yet.

Just not sure if I should be dancing to their tune?

 

Many thanks for your help.

 

x

[dx100uk]

debt is statute barred

you last deferred to SLC directly .

erudio were gifted the old Mortgage style loan scheme debts in late 2013

you have never deferred since that date.

 

the debt is clearly statute barred.

 

has this come from a court or is it just them willing waving?

 

 

[skintoed]

Hi, it appears to be coming from them directly, and written in the same style as stipulated in "Practice Direction No 02/2017 Interlocutory Applications. " which I have attached.

 

They conveniently left out the following paragraph from their letter, that is included in the Practice Directions:

“If you wish to object to :-

 

-        This application being dealt with without a hearing and/or

 

-        The relief sought

 

You should set out the basis for such applications to me in writing within the said fourteen days and I will include these in the papers to be filed in court”

 

The response would go to them, it seems? Willie Waving :)

 

Practice Direction 02-17.pdf

Edited June 24, 2020 by skintoed

[dx100uk]

 

4 minutes ago, skintoed said:

Willie Waving :)

 

 

[skintoed]

To be honest, I'd rather be dealing with the court than with Erudio and Co.

 

 

 

[skintoed]

When googling I find: County Court (Amendment No. 3) Rules
(Northern Ireland) 1995:

 

"Lodging of certificate of readiness
3.-(1) In any proceedings commenced by civil bill in which a notice of intention to defend has been served the plaintiff shall after the conclusion of all interlocutory matters request the chief Clerk to enter the proceedings for hearing by delivery to the chief clerk at his office of a certificate of readiness in Form 43 and shall, at the same time, cause to be served on the other party or parties to the proceedings a copy of the certificate of readiness.

(2) In any proceedings in which a notice of intention to defend has been served the chief clerk shall, if no certificate of readiness has been delivered to him within a period of 6 months immediately following the date of service of the notice of intention to defend, list the proceedings before the judge and notify the parties accordingly and the judge may issue such directions oncerning the future conduct of any such proceedings as he considers appropriate."

 

Do you think they let the 6 months rule lapse and that's why they have said they didn't get a response from me back in January?

 

So, I'm wondering now if I should write to the court and ask the judge for directions or am i confusing things?

 

Many thanks,

nisr_19950282_en.pdf

[dx100uk]

1 hour ago, skintoed said:

request the chief Clerk to enter the proceedings for hearing by delivery to the chief clerk at his office of a certificate of readiness in Form 43 and shall, at the same time, cause to be served on the other party or parties to the proceedings a copy of the certificate of readiness.

 

I wonder if they have informed the court....I bet not!!

 

Quote

 

Do you think they let the 6 months rule lapse and that's why they have said they didn't get a response from me back in January?

 

So, I'm wondering now if I should write to the court and ask the judge for directions or am i confusing things?

 

 

might be trying to con the court, in which case you tell them when you ring you have proof you did respond in time.

 

pers i don't think the court will be too pleaased to hear they've used one of the forms as an intimidation method of debt collection with no intention to proceed

 

[skintoed]

Hi, the court is closed due to Covid. I'm going to email them now with the details. Thank you for your help dx. .

[skintoed]

Well, I've written to all parties including the court so will see what happens. Thanks for your help again.