Erudio Claimform - Old Student Loans - poss Statute Barred.

[Nurselayer]

Which is EXACTLY what they've done in this case.

 

[AndyOrch]

Normally its within the introduction of their statement which accompanies their application outlining the reasons for a delay and letting the claim stay. There is no specific CPR to say that they are required to give a reason for a delay but it would be questioned by any fair minded judge immediately the hearing starts common sense really and a given.

Same applies if a defendant wishes to lift a stay or set a side longer its left harder it is. Everything becomes statute barred eventually.

Also if the claimant has requested sec69 interest up until judgment it shouldn't be calculated for the stayed period.

[AndyOrch]

Examples for delay may be that they approached the defendant and didn't get a response or they have had trouble retrieving the paperwork ( if requested/required) or that they have been trying to mediate to save the court getting involved and further costs ......bla bla bla etc etc.

[dx100uk]

i would suggest the fact they didnt give a reason becomes one of your weakest retorts as to why they should not succeed in SJ for you statement.

age now regarding natural write-off 

poor missing illegible paperwork

well past SB date 

etc etc are far more important. 

too much time being wasted on this one issue.

lets see the statements and get you two sorted, stop pontificating whilst a deadline fast approaches.

 

dx

[Nurselayer]

In court, can I "cross examine" their brief?  Can I ask them questions relating to the loans etc and expect them to give an answer to the court?

 

[AndyOrch]

No...only Solicitor's county courts/ Barristers all courts have Right of Audience. You are a litigant.

[Nurselayer]

Also, how do I calculate my costs and how do I claim them should I win?

 

 

[AndyOrch]

The general rule in small claims track cases is that no costs may be awarded against the losing party, except for the fixed costs which the successful party has had to pay for issuing the claim and other court fees.

You ask the judge if you win to award a costs order.

[Nurselayer]

On the previous court order it says "Costs reserved". 

I want to apply for them.

How should I calculate them?

Also, if I have to file a response 7 days before the court hearing - which is 30th October, what is the latest date I can send this to both the court and the claimant? 

 

[dx100uk]

urm... 30-7=23

dx

 

[Nurselayer]

Is that the date to send, or for them to have received? It's a small but important distinction.

[AndyOrch]

18 hours ago, Nurselayer said:

On the previous court order it says "Costs reserved". 

I want to apply for them.

That's for the claimant not defendant.

[Nurselayer]

Hi @Andyorch the claim against me is for over £10k therefore I don't think it is a Small Claims Claim. Also, the claimant is claiming for all their legal costs, time, issue fees, photocopying etc.  

I am asking the court to make an order to award me the same.  The worst that can happen is that the judge says, "This is being dealt with as a small claim and as such your request is denied."

Now, what can I put in? I have spent literally hundreds of hours on this case, reading this forum, looking up case law, reading the Consumer Credit act. I've spent over £100 in postage. I've lost probably a weeks work in time that I've had to spend in libraries writing and typing up various responses.  I want to submit a claim for these costs, even if it is refused. 

 

[AndyOrch]

If you have received the claimants breakdown of costs then you lay yours out the same. This must be filed and served not less than 3 days hearing date.

Under CPR 46.5, Litigant in Person costs recovery should be at a rate of £19 per hour, or if the person can prove financial loss, they should be able to recover the amount that they can prove to have been lost for time reasonably spent doing the work.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases

 

[Nurselayer]

Great, thank you Andy.

 

[AndyOrch]

If your employed and lose pay having to attend a hearing then you can also claim that but must have evidence from your employer that that pay was deducted. It use to be £90.00.

[Nurselayer]

I'm self employed. 

Also, further to my earlier question. When do I need to post my witness statement so that it is deemed served and filed at least 7 days before hearing?

 

[AndyOrch]

Anytime now if your ready to go. Depends on the postal service in your area.

[dx100uk]

yep -it says file AND serve by 7 days

dx

[Nurselayer]

For example.

The court order made in April said the Claimant "MUST" file and serve a skeleton defence at least 14 days before the hearing. 

Whilst they emailed me their skeleton defence yesterday, I have never said that I would accept email as a form of service.

Today the postman has just delivered their skeleton defence.

As the hearing is on the 30th October, which is now only 13 days away, surely they have failed to comply with the Court Order?

[AndyOrch]

Is their application to lift the stay only or lift the stay and request Summary Judgment /strike out your defence....? Its not clear from your postings nor have you uploaded their application n244.

[Nurselayer]

Their N244 is uploaded on post #112 of this thread, way back on page 5.

This is the skeleton defence that the Judge ordered them to submit when we went to hearing in April.

Their application is to lift the stay, strike out the defence and for summary judgement.

[AndyOrch]

Right so the application was made last year and its taken 15 months to get to a hearing ? So any court orders or directions  pre July are irrelevant to the process of this application.

[Nurselayer]

No.

Original court claim was made in January 2020. I issued a defence and they did nothing, so it was stayed.

They then applied to lift the stay, strike out the defence and for summary judgement in an N244 issued June 2022, I heard about it in January 2023 when I got the Notice of Hearing of Application.

That hearing was held in April 2023, however the judge decided that the matter was too complex to be heard in the 30 minutes allotted and so adjourned the hearing but also ordered that "

1. The Claimant/Applicant is to file and serve a skeleton argument no later than 14 days before the hearing"
    

The new hearing is 30th October.  I received the skeleton argument by post on 17th October.

 

So, is a document deemed filed and served on the date they posted it or the date it is received?

IE. If they posted it on the 16th, is that the date taken, or is the 17th (when I received it) the date taken?

[AndyOrch]

Its date received but I wouldn't be spending time on quibbling over days as leeway is always allowed for either party...if it was weeks late yes.

Back to the hearing then this is a continuation of the application hearing and their application was not dismissed.

 

Andy