Erudio/Drydens SLC Loan CCJ - Advice Please - Set a Side claim proceeding.

[owk]

Hi, please see attached, still nothing from the court. I'm going to ring again this pm, but I'm working on Tuesday of next week to send over my witness statement. Possibly even Monday - as Tuesday is 14 days since the hearing. 

 

I have chased SLC investigation today- no timescales for when they will come back to me. 

 

I have said I will speak to Erudio, but my initial complaint is still with SLC. 

 

Thank you for looking into this for me. 

 

2020-11-16 Defendants WS.pdf

[AndyOrch]

You have your set a side so all references to this should be removed......the court now require a particularised defence in defending the claim in line with the claimants particulars.

 

Andy

[dx100uk]

1. the claimant claims £2,571.92 for monies due from the defendant.

 

2. this debt was pursuant to a regulated agreement(s) between the defendant and the student loans company limited. each agreement had an individual account number as follows:

 

3. the defendant failed to make payments as per the terms resulting in the agreement(s) being terminated. notice of such is served by a default or termination notice subject to the terms of the agreement(s).

 

4. the debt was assigned to the claimant on 22/11/2013, with a notice provided to the defendant. a new master reference number *********************was also applied upon assignment.

 

5. the claimant has complied with the pre-action protocol for debt claims.

[dx100uk]

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

[owk]

Many thanks  I’ve still had nothing from the court... re exactly what they wanted from me. 
What is the usual protocol after I sent this in? 

[dx100uk]

just hang fire before filing that until we cross i's and dot t's please

you've a few days yet.

 

 

[owk]

Good morning All, the 14 days ( since the hearing) are up tomorrow and I’ve still had no paperwork from the court? 
I’ve left a voicemail and emailed.

 
How do they need to receive my witness statement, I was thinking of hand delivering it.   

The Judge said signed?  

[AndyOrch]

Yes go a head and file the defence/statement..if you can hand deliver all the better....don't forget to serve a copy on the claimant.

 

It must be signed and finished with the latest statement of truth oath.

 

Andy

[dx100uk]

are we happy simply to file the SB defence or has it got to be a bit more andy?

there is mention of a default notice some 5yrs after last deferral, should it be the DN SB defence rather than just our std SB one?

 

[AndyOrch]

I hadn't actually checked the detail DX...with you posting the post I thought you had signed it off ?

 

So what's the problem with the DN ?

[dx100uk]

usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later 

so i was thinking of: 

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 2.The date last payment made was the dd/mm/yyyy 

 3.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.

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

as we know drydens will claim thus its not SB'd.

 

sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such. 

 

once the story was fully relayed, but which remains somewhat confusing still,  and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio.

 

it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened.

 

i think thats it in a nutshell.

 

 

[AndyOrch]

Okay.....so a Judge will not be concerned about deferment dates and will only take into consideration the date of the DN...wrong but there we have it...its about cause of action...and not the dispute or confusion or delay preceding the claim.

 

I would therefore go with the statement uploaded at post # 83 ....amended to remove all the waffle re set a side point 2.

[dx100uk]

thanks andy!

 

dx

[owk]

Just got home to a letter from court saying set aside and I am to file a properly pleaded defence supported by a statement of truth dated and signed by me by 4pm 13.04.21. 
 

Hello, I’m really sorry - just want to get this right, which one am I using? 

[AndyOrch]

The one you uploaded at post # 83...remove your point 2 and renumber.

[owk]

Thank you, that’s what I thought.. but I just wanted to double check. Do I resend the evidence? Or just the statement? Many thanks 

[AndyOrch]

Remove point 8 also.....its already been set a side.

 

What evidence do you refer to....?   I cant see any (see exhibits number x ) in your statement above.

 

 

 

.

 

[owk]

I didn’t upload the evidence it was pages from SLC sat - direct debit payments from bank statement, electoral roll info, SAR evidence for Erudio, BIS gov letter saying the split loans admin should be dealt with by Erudio 

[AndyOrch]

Well as its a defence its should not refer or contain any evidence...that comes later after allocation.

 

Also your statement of truth is out of date....use..

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

[owk]

Ok great thanks - will do. 

[owk]

I emailed  and hand delivered a signed copy of my statement to the court yesterday. I also emailed a copy of it to Erudio and Dryden. 
keep you posted! 

[owk]

Hi - 

 

Just a quick update, I hand delivered a signed witness statement and the court have confirmed they have received it. 

 

I have not heard from Drydens, Erudio or SLC yet. Keep you posted....

[AndyOrch]

Signed defence.....you have not got to witness statement stage yet....that follows allocation of the claim.

[owk]

Ok thanks - sorry this is all confusing, what should I expect to happen next? 

[AndyOrch]

Allocation of the claim....the court will send you a Directions Questionnaire (N180) for you to complete and file...you will then be provided with further details (Directions) on what to submit next ( Witness statement and evidence ) in support of your defence....they will also inform you of the hearing date.

 

Some Courts can dispense with allocation and cut straight to directions...see what transpires and keep your topic updated.

 

Andy.

 

 

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