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


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Paid the £275 to court, sending forms after work today. 

 

Thought I'd let HMCTS know, gave them a call, gent told me he'd never seen someone win over statute barred debt! Said there it was more complex than that.

Advised me to speak to CAB... bit thrown to be honest as I have looked for peoples wins on here and have failed to find them.

I'm confused who to trust now!

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clerks aren't supposed to give legal advice.

as for CAB they can be poor in some of their advice at the best of times.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, cheers, I'll forge on.

 

Do you think I should mention the previous loan which I paid off last year or just keep it simple as currently drafted?

 

Reason I ask is that I am worried the judge will think I haven't tried to settle the issue before brining it to court.

 

I know that Drydens will not let it go as they were insistent about the first loan not being sb'd.

Edited by dx100uk
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2 backdoor CCJ set asides = 2 N244's unless @Andyorch knows different? bearing in mind one your paid and is now marked satisfied on CRA file (still harming you just as bad mind!!)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes separate applications DX

We could do with some help from you.

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  • 2 months later...

Hi guys,

 

So I paid for the N244 and got a date for the county court hearing, it's a couple of months away yet.

 

I've since received a letter and lengthy form from Drydens.

 

Note: my last deferment was received by the SLC on the 13/06/13

 

Do I need to do anything with this?

 

Many thanks,

 

Px

 

 

drydens set aside reply.pdf

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The debt was statute barred at the issuance of the claimform,  dn date is immaterial . End of deferment period is immaterial, its the date you sent the deferment form..ignore them.

 

Next time put all pages in one pdf and name if logically please, like upload advises date,from who, about

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hey there,

 

last minute jitters before upcoming court hearing. 

 

Just received 'evidence' from Drydens - 30 plus pages: long witness statement from Drydens, followed by a all letters sent from the Erudio (to a 10 year old address), Drydens letters and my application to set-aside.

 

I am trying to get my ducks in a row for my defence.

 

If I go on my last written acknowledgment its way over 6 years until they applied for a CCJ,

if I calculate from the next deferment due date it's less than 6 years.

 

The only closest to reliable reference to the clock starting for pre 98 mortgage style loans was on the MSE website:

 

 "The 6 year clock under limitations for the old style loans starts from when the first deferment was due but missed, the last payment or the last written acknowledgement, whichever is the later."

 

1. Is the above accurate? If not, where can I quote the criteria from? I don't trust that the judge will have the information and I'd like to be able to point them in the right direction.

 

2. Should file my evidence with the court before the hearing?

 

Many thanks,

 

Px

 

 

 

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When is the hearing?

when did drydens post their stuff?

 

deferment does not run from date of deferment due date. It runs from the date you sent it...your last written acknowledgement. 

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Minus the stuff we already have.

Scan everything else upto one mass pdf from their pack

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What Dryden's just sent 

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

AFAIK you should have sent a WS 14 days prior.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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your draft order and N244 should be enough really. but lets see what drydens have sent 

upload anything we have not already seen please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Their witness statement is 8 pages long. 
I’ll redact and send after work this evening.

 

The rest are letters from Erudio and *Drydens (*that you’ve already seen)
 

Will draft my statement and send to you before I send off.

 

Here is Drydens redacted WS.

I've removed generic FCA info sheets and my N244.

Will draft my WS now.

 

Px

 

Drydens-Paginated-Witness-Statement-RDCTD-compressed-compressed.pdf

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sorry you just need a statement and that needs to be send to court/sols 7 days before hand.

 

worthy notes on theirs/

 

re their 3 ....you have never entered nor admitted to entering into an agreement with the CLAIMANT.

 

 re their 6..The Default Notice was issued dd/mm/yyyy and served XXX YEARS after your last acknowledgement of the debt being your deferment letter dated xxx. thus the cause of action delayed by Xxxx YEARS 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.

 

re their 18... the termination notice does not determine the statute of limitations date.

 

re their 21/22/23...thats funny ....

they claim its unfair to allow a set aside after 18mts but are OK in issuing a default notice xxx YEARS after they should have done...:pound:

 

the defendants costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.

 

 

 

 

 

 

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Good points.

They blow a lot of hot air don't they!

 

I've been reading through Badgergirls journey. Although she won her case eventually, god she had a unbelievably difficult year, so so sad.

 

Anyway, I thought I'd use her last witness statement as a template.

 

I also found out about the statement only needing to be submitted 7 days before. So much info in here if you dig around!

 

Px

 

 

 

 

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which is why we always say CAG is self help tooo..

it gets boring saying the same things to the same questions on every like thread

 

all the info is here, you've just got to use the enhanced google search box and READ and READ. 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi there,

 

Witness statement done.

Could you give it a once over for me before I send?

Do I need to attach any evidence (SLC SAR documents for deferment dates)?

I forgot to mention that all previous letters had gone to an address I hadn't been at for nearly 20 years. Should I put that in as well?

Cannot wait to get this over and done with!

 

Many thanks,

 

Px

 

 

 

WSxxxx170522.pdf

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put it up as text here please

but that look awfully confusing and repetitive to me.

and reads more like the defence you should have filed on the N244 box 10.

not a statement.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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