Erudio Claimform - Old Student Loans - poss Statute Barred.

[dx100uk]

all old students loans ARE regulated by the CCA, it states so at the top of all the agreements.

like several of your posts here today on various threads...i dont know but i'll post anyway mantra.

 

i learned a very hard lesson here to become a siteteam member..if you dont know and only wish to introduce pointless speculation...DONT POST!!!!

 

dx

 

 

 

[whitelist]

That is an awful thing to say of self importance and omnipitence

 

Why do you think I stated Believe and a question mark at the end of my sentence?

 

Was not posting on fact but asking a question

 

Student Loan Agreements - what are you getting yourself into? - Intergenerational Foundation

WWW.IF.ORG.UK

---

Intergenerational Foundation is an independent charity promoting intergenerational fairness, working for the interests of younger and future generations.

 

Edited April 19, 2023 by whitelist

[dx100uk]

just like cab and all the rest of 'em.

haven't a clue what they are talking about.

 

rather than go around the internet and find something that supports your speculative theory...look at an upload here which has the truth.

all these people/orgs are simply out to make money ...grifters...

bit like trump and the election was stolen....

 

if you don't know, don't guess..don't post!!

3 slc agreements.pdf

[Nurselayer]

All opinions and information are of interest. There is NO case law specifically regarding Student Loans on this.

What I could really do with is help on how to apply to amend my defence. I simply can't find any information on how to do this. Once again I stress the importance that the judge put on this - I think that she was really trying to guide me on this.

 

[whitelist]

3 minutes ago, dx100uk said:

just like cab and all the rest of 'em.

haven't a clue what they are talking about.

 

rather than go around the internet and find something that supports your speculative theory...look at an upload here which has the truth.

all these people/orgs are simply out to make money ...grifters...

bit like trump and the election was stolen....

 

if you don't know, don't guess..don't post!!

3 slc agreements.pdf 1019.17 kB · 1 download

 

Posted an independent link to show it was not my opinion and get slammed into the gutter for it

 

Whatever happened to reasoned debate or just a glorified echo chamber?

[Nurselayer]

Whitelist, whilst I believe you are wrong in what you are saying, I do appreciate you asking the question. Feel free to continue to post on this thread. Old style student loans are regulated under the CCA 1974 and it does clearly state this on the top of the forms I signed when I had hair.

Now, how do I apply to amend my defence?

 

[whitelist]

Many thanks

 

Just a quick question, as they regulate it under the CCA 1974, how long did they take to issue a default notice from the letter of demand for payment with the alleged breach of contract?

[Nurselayer]

I don't believe they have included this information 

[whitelist]

Do you have a copy of the default notice?

Was it requested in the CPR for copies of the agreement, etc?

[dx100uk]

8 minutes ago, whitelist said:

Posted an independent link to show it was not my opinion and get slammed into the gutter for it

 

Whatever happened to reasoned debate or just a glorified echo chamber?

 

nonsense speculation, why go find that just to hijack a thread ...we don't do browny point scoring here...thats not reasoned debate..

 

Just now, whitelist said:

Many thanks

 

Just a quick question, as they regulate it under the CCA 1974, how long did they take to issue a default notice from the letter of demand for payment with the alleged breach of contract?

 

all erudio default notices are issued about the 2016 period, it's a common scam by them to try and invoke doyle v pra and sway a judge should a claim be issued further down the line.  in all truth thats typically atleast +3yrs after the real  'cause of action', the date of the last deferment letter to SLC, before the last of the existing debts we're sold to them by the gov't. 

 

doyle v pra does not give permission for any debt owner to arbitrarily run the statute barred debt to infinity just because they might now be able to serve a default notice whenever they like to and say doyle applies judge. it must always be countered as has been on this thread and elsewhere here on cag since doyle came about, several times with wins/dismissed claims - the debt was sb'd regardless .

 

other than by judge lottery, there are no examples of a claimant successfully using doyle v pra ever where a default notice was issued several months or years after last payment/use of credit.

[whitelist]

Doyle v PRA was De Minimis as the Creditor defaulted the account in a short acceptable time period.

 

However, a default notice needs to be served before bringing a claim, s.87(1) CCA 1974

 

Did the OP receive a compliant default notice In their CPR request?

 

 

[dx100uk]

14 minutes ago, whitelist said:

Do you have a copy of the default notice?

Was it requested in the CPR for copies of the agreement, etc?

 

hehe well spotted.

no default notice copy anywhere from the fleecers.

and not even mentioned is their original poc!

they are relying upon the termination letter, but again no copy sent by them either...

 

so not for the reason you org posted...but doyle v pra and hart are both now totally irrelevant..

 

ns you need to add this to your ws.

 

dx

[whitelist]

The question remains, and we need confirmation

 

Was a copy of the default notice requested in the original CPR request?

Was it referenced in the Defence to the Claim if not produced? 

Edited April 19, 2023 by whitelist

[Nurselayer]

I submitted a CPR request to Drydens on 27th January 2020. 

 

They never specifically replied although on 10th March 2021 they sent a letter saying "We refer to the defence you have filed...having now had the opportunity of discussing with our client we have now obtained the following documentation addressing the issues you raised in your Defence. 1) Notice of Default and 2) Account Summary.

They attached a Notice of Default allegedly sent 24/5/2016.

WILL SOMEONE PLEASE ADVISE ME ON HOW I GO ABOUT AMENDING MY DEFENCE? It's all very well discussing the issues surrounding this but the Judge (virtually) told me to amend my defence and to do it urgently, so whether or not you think I should, please tell me how to.

 

 

[dx100uk]

you simply add a line stating that despite a CPR request sent date xxxx, by method xxxx, despite their extensive Witness Statement + exhibits, the Claimant has failed to date to produce the default notice they claim was sent on date xxxxx. without such proof one was sent, nor production of a copy of it, the claimant continues to try and rely upon 2 cases which they claim that any statute barring date starts from the date on a default notice.

 

these judgements are both totally irrelevant to a Gov't backed Student Loan Debt sold to a Debt Purchaser as an SLC loan is neither a xxxx, or a xxxx 

these judgement are further totally irrelevant as the claimant cannot produce nor prove a default notice was ever sent anyway.

 

i'm sure @Andyorch will turn that into a correct paragraph to add in.

 

when have you to file this by?

 

dx

 

[whitelist]

Just dotting I and crossing T as with amending your defence, you have one chance at this.

 

You say they attached a notice of default allegedly sent  24/5/2016, so need to be specific.

 

Was this an actual Default Notice served under 87(1) CCA 1974 in that it tells you to pay off a specific amount (Arrears) within a specific date (14 days)

 

Was it a notice of default sums being charges besides any accumulated interest added in connection with any agreement breach?

 

Was it a simple notice saying you are in default of contracted obligations and need to bring the account up to date?

Edited April 19, 2023 by whitelist

[Nurselayer]

The default notice can be seen on Post 132 of this thread on p23/37 of the docs I uploaded 

[whitelist]

Wait for more replies, but that looks like a valid default notice.

 

They can now show a Default notice was generated through their internal systems, and likely one was sent through computer automated systems and recorded as sent on internal systems. That will be for the judge to decide in the judge lottery to accept or not the creditors' explanation.

 

Goodinson v PRA Group [2021]  EWCA 

 

ThIs recent Court of Appeal case states a creditor can establish compliance with statutory compliance to send notices by producing internal system logs which show coded entries referring to the issue of such notices, along with a reconstructed version of what notices would have been issued at the time.

 

Even though I have student loans myself, they are not historic so take with a pinch of salt.

 

Just guessing in your case if they were officially deferred or not. If the answer is no, then you might have a chance under 140A CCA 1974 and an unfair relationship in that the protracted time with defaulting the account.

 

But you need to state why you consider the delay in defaulting to be unfair.

 

But must stress this is simply my opinion and not legal advice

Edited April 19, 2023 by whitelist

[dx100uk]

You've hidden the figures and dates on that DN 

Please rescan and put up a new scan .

[AndyOrch]

Quote

The judge then continued to explain that this case was too complex to be heard by her in this hearing and that she would require the claimant to file and serve a skeleton argument 14 days before a rescheduled hearing which would be sometime after 28 days and that should I wish to respond to their argument I had to file and serve 7 days before hearing.
 

 

All very strange I have never heard of an adjourned application hearing for summary judgment. The application either meets the threshold required to achieve summary judgment based on the statement submitted in support required by law or the application is dismissed and the claim proceeds along its normal course.

 

As for making an application to amend your defence again never heard of it happening in all the time I have been posting on CAG.

If you have referred to a point which was not previously mentioned in your initial defence but it in your statement to object to the application then that should suffice because your statement is in response to their statement which also contains points which they have failed to raise in their initial particulars. This could go on for ever allowing further time for the claimant to get its ducks in a row.

[Nurselayer]

I spoke to a solicitor today about how to amend my defence and they said that IF Dryden's/Erudio consent I can use a Consent Order which will cost £108 or if they don't consent then I'll have to submit an N244 which will cost £275. 

Given that I will have to pay one or other of these fees, should I also submit a claim against Erudio for costs, and if so do I need to do that through a counterclaim?

 

[dx100uk]

no you dont have to pay anything nor use any forms....

 

The judge then continued to explain that this case was too complex to be heard by her in this hearing and that she would require the claimant to file and serve a skeleton argument 14 days before a rescheduled hearing which would be sometime after 28 days and that should I wish to respond to their argument I had to file and serve 7 days before hearing

 

you also dont ever counterclaim for costs.

 

you would simply take such with you at any new hearing.

[Nurselayer]

Ok, the overwhelming advice that I have now received from qualified lawyers is to apply to amend my defence, particularly given the comments made by the judge at the last hearing. 

I am going to go to the court and get an N244 Form this afternoon and intend to submit it on Monday so all help with filling this in would be appreciated.  I know that you may not agree that this is necessary but I feel that it gives my case a better chance of success.

 

[dx100uk]

n244 is already on this forum and on the courts website

no need to go anywhere to get it.

trouble is you have to pay to do an n244. can be as high as £275!

to me it looks like once the amend their skeleton is done you can  simply if you wish to respond to the judge with your new defence, no need to pay anything and same outcome.. 

have they complied with the judges orders yet ...with their new skeleton argument?

[Nurselayer]

"to me it looks like once the amend their skeleton is done you can  simply if you wish to respond to the judge with your new defence, no need to pay anything and same outcome"

The lawyers I spoke to agreed, however they also said that the Judge had only stopped an inch away from directing me to amend my defence.

They said that should I get the same judge (entirely possible) and the judge found that I hadn't applied to amend my defence, then at the very least the judge would be "cross" (they used another word I won't repeat) and that they might rule that my response constituted a new defence and as such disregard it. 

They thought the judge would be wrong to do so, but that rather than take that risk it would be sensible to mitigate this risk by applying to amend the defence.

As yet the official court order hasn't been issued so, no haven't had any new hearing date or skeleton defence.