SLC/Erudio/Drydens backdoor CCJ's - 1 i already paid, 2nd at set aside.

[dx100uk]

you already have defended the point

you explain your reasoning quite perfectly in that wording we gave you.

 

dx

 

[PumpUpTheVolume]

Ok cool. In that case I’ll tidy up that statement and hope the judge doesn’t fall for Drydens bull!

Hopefully they’ll allow me to submit tomorrow.

 

[AndyOrch]

5 hours ago, PumpUpTheVolume said:

Thanks Andy, and thank you Dx.

Is this for me to ask in the hearing or do I see if the court will accept an additional statement at this late hour?

Px

 

 

I take it from your post that you have already submitted your statement ?

 

If so I would prepare a separate skeleton argument for the hearing date for your own personal use (not to file or serve) to refer to concentrating on deferment /last acknowledgment date...The default Notice and date issued the assignment date and a section on cause of action. They are the main points that are pivotal to the claimants statement/argument....the rest of the points in their statement and in yours to a degree are really semantics in the main scheme of the claim.

 

 

.

[PumpUpTheVolume]

Thanks Andy, that is helpful.

I have been trying to find some concrete information on when the clock starts, no success! Do you have any links or examples I can draw from?

 

Regards,

Px

 

Hi Dx,

 

National debt helpline say:

 

“The cause of action (when the limitation period starts running) for simple contract debts is usually when your agreement says the creditor is able to take court action against you. With some agreements, this will be after a default notice has been sent to you and then expired.”

 

I can’t find any reference to when a breach has occurred on my SLC contract.

 

Do you have something I can reference?

 

Regard,

 

Px

[dx100uk]

and neither can drydens hence their twaddle.

 and you need to remember that places like cab and ndl etc are funded by the banks and the DCA's in commission payments for signing people up to dmp's without ever questioning the debts enforceability under the cca 1974.

 

your n244 already has the background..

 

The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

 

 

 

[PumpUpTheVolume]

Hearing done. I lost.

Judge deemed Erudios DN date sufficient cause of action.

Also, my delay on responding went against me. A win for Drydens.

 

Many thanks for your help though guys.

I’m off to a festival now, time to forgot about this whole debacle!

 

Px

 

 

 

[dx100uk]

was it the same judge?

 

[PumpUpTheVolume]

It was the only judge! My first and only hearing.

[dx100uk]

sorry yes its a set aside ...

thats a bummer

probably did have something to do with missing a deadline i bet.

 

t

[PumpUpTheVolume]

Evening,

 

I can't afford to pay the £2500 so I went to set up a payment plan on Drydens customer portal. 

I started to fill in the standard financial statement but it asks about my partners income and vehicles in the household. I'm happy to disclose my own finances, not my partners.

Is there a better route or do I need to comply?

 

Cheers,

 

Px

[dx100uk]

N245?

 

dx

 

[PumpUpTheVolume]

I’ve not received anything since losing my case 13 days ago today.

Do I send an N254 to the court?

 

Cheers,

 

Px

[AndyOrch]

Yes 

[PumpUpTheVolume]

Thanks Andy.

 

Do you have any idea what the 'local number' relates to at the top of the N245 form please?

 

No amount of web/forum trawling has produced an answer!

 

Many thanks,

 

Px

 

...also, I have not received a judgement order,  there is no tick box for my request to pay what I can afford, only:

• suspension of the warrant
• and/or
• a reduction in the instalment order

I'm really not sure how to proceed!

Please help!

 

Many thanks,

Px

Edited June 6, 2022 by PumpUpTheVolume

[AndyOrch]

Im not really sure what Local No is I think its in connection to a Warrant...but that section is not applicable to you as there is no warrant and you are only making application to vary the payment amount.....not suspend a warrant.

 

 

Andy

[PumpUpTheVolume]

Thank you.

 

So does varying come under the tick box 'I wish to apply fo a reduction in the instalment order'?

It seems odd to request such a thing when I haven't received said order.

 

Cheers,

 

Px

 

 

[AndyOrch]

Quote

So does varying come under the tick box 'I wish to apply fo a reduction in the instalment order'? Yes

 

Then don't submit the form until you do receive your Notice of Judgment (Order)....simples. (unless you know the details..claim number claim amount etc etc and you dont need to refer to the order.)  

 

 

 

.

 

.

[PumpUpTheVolume]

Thanks Andy.

 

There is an outstanding amount showing in Drydens online portal but as yet I've not received anything in writing or email.

I was concerned I hadn't heard anything for two weeks since the hearing, I'm also eager to get a payment plan in place so I can get on with my life.

I'll sit tight until I hear from them in that case.

 

Many thanks,

 

Px

 

 

[AndyOrch]

Do you have the original Notice of judgment from when they were awarded judgment ? that will state if the judgment was forthwith (pay in one lump) or whether it was a monthly payment ? 

 

 

 

.

 

 

[PumpUpTheVolume]

The judgment was sent to an old address.

Drydens sent all correspondence via a paginated email.

The letter sent after they were granted judgment merely asks that I “provide a proposal to repay the debt”

There has never been a request for payment in full.

Px

Edited June 6, 2022 by PumpUpTheVolume

[AndyOrch]

Quote

There has never been a request for payment in full.

Quote

The judgment was sent to an old address.

 

How do you know it was not forthwith, if the judgment was sent to a previous address ?  The court may not send anything further after the failed set a side and you might have to rely on the original notice of judgment ( the one sent to an old address)

 

You can request a copy of the Notice of Judgment from MCOL if you dont already have it. 

[PumpUpTheVolume]

Thanks Andy, I'll request it now.

 

Px