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


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Because the default date determines when the statute of limitations runs from...or the cause of action...assuming the dates they state are correct.

 

Andy

 

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But was you deferring up until the dates they state ?

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Then their default dates are nonsense....possibly imposed when the debts were assigned to them.

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  • 1 year later...
  • dx100uk changed the title to SLC/Erudio/Drydens backdoor CCJ's - 1 i already paid, 2nd at set aside.

3 The Defendant entered into a student loan agreement(s) with the Student Loan Company (“SLC”) under the following agreement number below:

 

Quote

1. The Witness – xxxx states in point 3 that:

 

“It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.

 

This in not true. I have never entered nor admitted to entering into an agreement with the claimant.

 

States you entered into an agreement with SLC from their statement  :???:

 

I don't have time to go all the way through your topic but what was your last deferral ?

 

Andy

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I think you may be over complicating your statement...the crux of the argument raised by the claimant is the cause of action /default date and whether their claim was made on time. This is a very grey area with recent judgements determining that the cause of action starts from the the date of default notice + 14 days.

 

I'm not sure whether DX has any source legislation that the deferment date is the cause of action but if so that really needs to be ironed out in a short statement in response.

 

Andy.

 

 

.

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Then the claimant should be put to strict proof within the statement to explain why the defaults were issued on such date and so late  after deferment/ and coincide with the assignment date ?

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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.

 

 

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  • 3 weeks later...

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

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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.)  

 

 

 

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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 ? 

 

 

 

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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. 

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