Jump to content


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


 Share

Recommended Posts

you already have defended the point

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

 

dx

 

  • 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... 

Link to post
Share on other sites

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.

 

 

.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

 

 

 

 

  • 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... 

Link to post
Share on other sites

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

 

 

 

Link to post
Share on other sites

waqs it the same judge?

 

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... 

Link to post
Share on other sites

sorry yes its a set aside ...

thats a bummer

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

 

t

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... 

Link to post
Share on other sites

  • 2 weeks later...

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

Link to post
Share on other sites

N245?

 

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... 

Link to post
Share on other sites

Posted (edited)

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 by PumpUpTheVolume
Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

 

 

Link to post
Share on other sites

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.)  

 

 

 

.

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

 

 

Link to post
Share on other sites

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 ? 

 

 

 

.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Posted (edited)

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 by PumpUpTheVolume
Link to post
Share on other sites

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. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...