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SLC/Erudio/Drydens backdoor CCJ's


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Yep, another sucker!

 

I took out student loans in 96, 98 and 2000. I deferred each loan separately every year until 2013 when I got a letter from Erudio asking for all kinds of info, I remember being really annoyed that suddenly I had to deal with a completely different company and their demands for everything but my shoe size! Foolishly I allowed my annoyance to get the better of me and I ignored their request and didn't hear from them again.

 

I then received a letter from Drydensfairfax on the 28/10/2020 stating that they were acting on behalf of Erudio. 

It stated a judgement was made against me on 08/07/2019 at a previous address - where I lived when I took out the loan, SLC and Erudio had been corresponding with me at a more recent address. 

They went on to say that a warrant of control had been issued at a previous address but they had since discovered I'd moved and they would reissue the WOC at my current address if I didn't pay up.

 

On the 02/11/202 I rang Drydens and told them I was now paying my loans automatically and could prove it, the agent gave me an email address to send my proof too and  said he had found another debt I owed to Erudio. 

 

I spoke to SLC and they confirmed all loans I had with them:

 

'96 Type 1 - £2***.** sold to Erudio March 2014

'98 Type 1- £3***.** with SLC and payed automatically out of my payslip 

'00 Type 2 - £1***.** sold to Erudio March 2014

 

I believe the amount Drydens were chasing me for was the '00 loan. 

I spoke to CAB but they just wanted me to fill in forms to show I couldn't afford to pay. I then spoke National Debt helpline at length via web-chat who said if I had a CCJ then it's unlikely I'd be able to get it set aside. In the end I buckled and borrowed the 2000+ from my employers and paid the Erudio leaches. I was worried that my credit would be affected as my partner and I are buying a house soon.

 

A couple of weeks later I received a bailiff letter saying I hadn't paid! I contacted Drydens, the outstanding amount and claim number from the bailiff letter and Drydens was the same but the agent tried to claim it was for another debt and they had written to me about it, they had not. I got them to sort out the bailiffs, confirmed it with my local court and the County Court Business Centre and the matter was settled.

 

I was hoping they wouldn't push their luck and chase me for the second amount as by now I'd read all the threads on CAG that I could find relating to my situation, I now knew both debts were Statute Barred, I only wished I'd read them sooner! 

 

So today I've received another CCJ from Drydens. It's a bit less detailed than the first claim:

 

"We have been notified that you no longer reside at the address we previously held for you. Following further investigation, we are now aware you aware that you have moved to the address at the top of this letter.

 

Our client has obtained a County Court Judgement against you and our records indicate that you have yet to come to an arrangement regarding paying the outstanding balance of £2***.** ."

 

1. I think my next action should be: Ring SLC and get dates of deferment confirmed.

2. Call (and record) County Court Bulk Centre and inform them the debt is statue barred and to suspend the judgement and mark as SB'd.

3. Call (and record) Drydens tell them the debt was SB'd upon issuance and demand they set it aside now free of charge to you by mutual consent.

If they refuse, tell them I will be sending my N244 and the fee today to the court and I will be suing them for the fee and financial compensation for the damage to my credit worthiness, unlawful procurement of monies on the first claim and stress caused. 

 

Please could you advise?

Thank you.

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looks like the 1st ccj was SB'd too.

 

so you shouldn't have paid anyway..

 

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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Indeed! I feel like an idiot for going ahead and paying them. This will potentially affect my future financially but it's just another sucker in the bank for them.

I don't think I'll get the last 2 grand back but I want to fight them for this one.

I pretty much copied your advice from another case similar to mine, do you think it still applies to me?

Thanks in advance. 

Donation incoming.

PUTV 

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well go get your moneyback in the old CCJ..?

how did you pay and when?

 

 

3 hours ago, PumpUpTheVolume said:

2. Call (and record) County Court Bulk Centre and inform them the debt is statue barred and to suspend the judgement and mark as SB'd.

 

you cant do the above on the current one.

 

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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Is that possible?? 

 

I paid on 23/11/20 with my debit card on Drydens automated phone payment service, I couldn't stomach talking to another agent!

 

How do you advise I proceed with the current live claim?

 

 

 

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you should never have spoken to anyone anyway...

i'm not sure where you get any idea that any DCA or their paper tiger solicitors have any legal powers whatsoever..they don't.

a DCA is not a bailiff.

 

go ring your bank ask for a debit card chargeback, tell them you got scammed by a debt collection firm and you've paid the wrong entity .

its worked before.

 

3 hours ago, PumpUpTheVolume said:

'00 Type 2 - £1***.** sold to Erudio March 2014

type 2 loans cant be sold on so it's not a type 2 loan its another old style one.

 

 

as for the current one 

you answered that as point 3 in post 1

as for the current one 

you answered that as point 3 in post 1

 

3 hours ago, PumpUpTheVolume said:

3. Call (and record) Drydens tell them the debt was SB'd upon issuance and demand they set it aside now free of charge to you by mutual consent.

 

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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3 hours ago, PumpUpTheVolume said:

98 Type 1- £3***.** with SLC and payed automatically out of my payslip 

 

this is not right either as if the other 2 have been sold why not this one .

and why is it not SB'd too?

or already was when you started to pay?

 

 

 

 

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

I asked SLC why had some been sold but not the other and they didn't know why! Felt dodgy as hell but I just wanted it sorted.

 

I'm going to double check the loan types and what was sold tomorrow.

 

With regards to speaking to Drydens, initially I reacted to the letter they sent, then I spoke to CAB and National Debtline who started me down the path of filling in budget sheets and writing letters of variation. It all felt very long winded and I wasn't given any real advice on how to fight it, in fact I was told I wouldn't: extract from National Debtline webchat -  

 

"so just to address these things individually.

 

In terms of the CCJ, I'm afraid unless you wanted to take some risks and a really long shot and some likely extra money you'd possibly have to spend, it's very unlikely you'd be able to set it aside. This situation is specifically not a reason to set judgements aside and is usually frowned on by the court."

 

This was enough to freak me out so I opted for borrowing the money and paying it off, more fool me!

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eh? but the debt was already statute barred when the claim form was issued...:crazy:

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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50 minutes ago, PumpUpTheVolume said:

I'm going to double check the loan types and what was sold tomorrow.

 

stop these silly phone calls whereby you or them can say what they like and there is no record.

 

send SLC an SAR.

 

 

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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8 hours ago, dx100uk said:

stop these silly phone calls whereby you or them can say what they like and there is no record.

 

send SLC an SAR.

Absolutely! I did all the ringing around the first few days it came to light in November. I know better now, although I must say that the advisor I spoke to SLC was very helpful, they spent ages on the phone with me, provided all the info I asked for and gave me their name and a ref. number for my call. 

 

I will do the SAR form now.

 

9 hours ago, dx100uk said:

eh? but the debt was already statute barred when the claim form was issued...:crazy:

 

Does this mean Drydens broke the law when they applied for a CCJ?

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no because you didn't inform your debt owners you had moved..

 

now i notice earlier you indicated you did?

however if you did not do this in writing and are only assuming because they wrote to you where you are , that doesn't count.

but if you have written evidence you did inform SLC, and thus erudio knew upon sale , then thats even better for you with regard to set aside, though the debts were statute barred upon court claim issuance anyway.

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

The only evidence I have is that SLC was sending me deferment forms for 10 years to my addresses in my current city this was well before the sale to Erudio. However, the judgments were sent to my university city address. So SLC did not provide the up to date address a the time or they chose to ignore it.

I have moved several times since then.

 

I am looking at my correspondence with SLC online, it goes back to 2003. 

The last recorded acceptance of deferment is 25th April 2005.

The last correspondence with SLC was March 2010.

 

Both loans were quite clearly SB'd upon court claim issuance.

 

Could take up to a month to get my SAR info back. Should I proceed with recouping from bank and Drydens ultimatum straight away or wait for SAR?

 

Thanks for all your help!

 

 

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pers i'd be ringing drydens (yes i know we advise not too) you might get them on the hop to your advantage.

 

it seems to me you've blindly paid one existing CCJ and have now discovered yet another CCJ, both via the backdoor on 2 debts that were already well statute barred before the issuance of the claims. having been repeatedly LIED TO by drydens.. having sought suitable advice you have discovered you've been had blind TWICE..

 

you demand - get angry!!

they refund your money and remove both CCJ's by mutual consent FOC to you as they were already statute barred.

if they refuse on both counts, you tell them you will be issuing 2 set asides via 2 N244 applications, suing them for those fees & your payment on the SB'd debt , as well as financial compensation for for the two CCJ entries on your credit file which have caused you financial hardship. Having already consulted the relevant authorities your are advised this could be upto a sum of £1000 compensation in each case.

 

so what are you ging to do now drydens...

 

dont let them dictate or over talk you until you have completed the explanation above 

if they start waffling about default notice dates so not statute barred thats pretty much immaterial as the FCA etc are clearly on record that a DN should not be issued months even year after last payment. paying a debt once a 6yrs gap already exists does NOT reset SB.

 

get angry! record the call..

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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So, spoke to agent and recorded the entire call. 

I got angry and relayed the above.

Agent claimed that the default date on both loans meant they were not SB'd.

2016 and 2017.

 

What have default dates got to do with it if the last correspondence was 2009 and 2010?

 

Ah yeah, just read the last bit about DN, think you might of edited while I was on the call.

 

So what next?

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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 ?

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

 

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

We could do with some help from you.

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

 

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Ok, good, thank you.

 

Should I go ahead and file my N44's? I called their bluff, it didn't seem to rattle the agent, he was very composed throughout - not that it's anything for an office monkey to flap about.

 

Cheers.

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About to send my SAR to the SLC. Is there anything else you think I should add?

 

(1) What was the last date of deferment for the following loans?:

1996
1998
2000

(2) What type (1 or 2)  and style (mortgage or income based) is each one?

(3) Which loans were sold to Erudio and when?

 

*I know the 1998 is income contingent, I just want to see what they say

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the 1998 one cant be that scheme as it was not enabled at that time.

 

just send the sar 

dont add any AC numbers at all.

 

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

the old CCJ shows regardless still i bet poss even as unsatisfied...

go do a chargeback

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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