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

[dx100uk]

On 19/01/2021 at 20:03, owk said:

The payment is  on SLC SAR - then it says 1/03/2014  DD cancelled by SLC - I'm cross referencing it with my bank statements. 

 

Erudio SAR says no payments apart from the one they took out end March 14 - without my knowledge. On bank it says new dd set up. 

 

On Erudio  SAR  there is a spreadsheet which also says a payment in April 14 -but this was upaid by my bank I still have the letters - so this is false.

 

 

On 11/02/2021 at 15:22, owk said:

Last payment to SLC Feb 2014. ESL then attempted to take a d/d in March 14 and then April 14. ( The payments were unpaid and reversed - but Erudio SAR does not show this.)They are still showing as payments taken..I have the bank statements.

 

 

[dx100uk]

i notice there are no payments after nor before that mar payment..me thinks thats a phantom payment imho.

 

no other evidence either stick with it being sb before claimform issuance.

 

dx

[owk]

Ok I did not say statute barred in my written defence - shall I just say this at the hearing? 
 

Also the last hearing directed me to file my defence back in April 2021  14 days after the hearing as requested. 

Then in July / August a letter from the court regarding mediation, which I responded to immediately saying yes to.  and - Drydens also sent me out a copy of the mediation letter.

Drydens must not have responded yes to mediation. 

Out of the blue a letter for this hearing - I did not resubmit my defence - will my one from April still be with the court? 
 

 

[owk]

Hi - do you have any advice for me at the hearing tomorrow? should I ask for it be adjourned, so I can present the Erudio SAR information? Or is it all too late? 
 

 

[dx100uk]

On 04/11/2021 at 12:34, owk said:

I’ve got it on a bank statement 28th March 2014 ESL limited - this is a new dd. 
 

I can’t upload it - as it a photo. 

But you never signed a DD mandate with ESL did you?

[owk]

No never, but SLC payments were being taken in error in 2013 (I should have been deferred)  and in  July 2019 they sent the claimform to an old address and I received the judgement. 

[dx100uk]

Listen lets be clear here...put everything else aside, it's all totally irrelevant...and confusing you.....

 

You have never signed a dd mandate with erudio, you have never complete d a deferment form from erudio

 

so the debt was already statute barred upon issuance of the original xlaimform.

 

simply state that to the judge and do not allow yourself to be compromised. Stick by it, entertain nothing else. Rebutt any other non sence as irrelevant twaddle.

 

yOUll win hands down.

 

DX

[owk]

Ok thank you, I hear what you are saying. 
 

what if they argue their claim form was submitted June 2019 / with  default judgement (now set aside) granted? 
 

is this action completely null and void?  

[dx100uk]

Eh?

[owk]

The hearing for this to be set aside was in March 2021 - I discovered the default judgement in November 2020, their clam was in June/July 2021. 

[dx100uk]

So what nowt to do with it being sb'd before they ever issued the claim  

 

HOwHow'd it go you should be clear by now anyway......

[owk]

I’ll let you know afterwards!! Thanks for all of your help DX.  

[dx100uk]

and?

 

[owk]

It was a 30min hearing, I now have 5 weeks to submit all documents and my evidence.

 

There were initial discussions between judge and solicitor re Covid restrictions and changes etc...I had previously filed evidence but Solicitor said she didn’t have it. 

 

The next one will be 90minutes and I need to submit my defence. With a timeline etc.. and what was said to me & when- even if I don’t have all of the evidence to hand. 

 

Solicitor wanted me to submit my evidence before theirs, but the judge said no and that she had given her directions. 

There was also a long discussion about emailing of evidence - judge said fine / but solicitor said not sure if D’s could accept it that way. Judge queried why this would be. 

I said the solicitors witness statement was very generic and would they be providing more evidence / as I already have Erudio SAR and SLC SAR. 

 

I wanted the judge to know I already have these, as I was scared they would try and change/ add to it. I also said if I opened a FOS complaint would it have any bearing on proceedings, as I have been awaiting the final response from SLC since February! 

 

Edited November 8, 2021 by dx100uk
spacing

[dx100uk]

chancing their arm.

 

your should get a directions order from the court soon then.

 

anything else you remember was said, even if it seems unimportant just send it in a msg here, the more the better.

 

i would be making it clear to the sols that you will NOT be accepting email upon anything further regarding the case from them

snail mail only.

you don't want them producing a load of lies (as they do!!) with fake paperwork 1 min before any deadline, removing your chance to rubbish it.

though what you have is pretty water tight.

dx

 

[owk]

Ok thanks! I will do that first thing. I’ve got some notes from earlier.. will message anything else tomorrow.  Yes will certainly take your advice re email address. Thank you again. 

[dx100uk]

also what was said if you mentioned that you'd now discovered the claim was SB'd...that s important too.

 

dx

 

[owk]

I wasn’t given the opportunity to say anything like that - the judge did not want to hear the evidence in this hearing and said so from the outset... . so I certainly did not want to annoy her. 

The judge also asked if we had been in negotiations beforehand, the solicitor said they had spoke to the claimant yesterday and kind of made out they were really hurt by this and couldn’t possibly consider a settlement with me.

That made me chuckle a bit...I said I had replied “yes” to mediation and the other side had not - but apparently this doesn’t count as is a free service. 

I said I had a mountain of paperwork bank statements etc,.and then the solicitor started going on about did the court have a page limit on evidence etc...? 

[owk]

I've attached bundle!

 

 

2021-11-05 Claimants 2nd ws.pdf

[dx100uk]

well done perfect

 

i'll pop in later.

 

 

[owk]

Brilliant thank you  

[dx100uk]

well thats a load of ole twaddle and actually plays into your hand re its statute barred in a perverse way..

 

now ive put back up a new properly redacted erudio sar as in your earlier hidden post 

here i make ref to the PAGE numbers in that PDF not your version so note carefully they will be diff.

 

worthy pages to note:

 

page 28

last deferment 24/04/2011

last payment £17.32

 

page 23.

payment 28/03/2014 

 

but no other payments before of after that were not reversed by SLC some months earlier.

and no signed DD mandate to erudio

they cant just hijack the old SLC one!!

and in their own bundle say they were but have not produced the proof  despite saying its an exhibit.

also page 23 shows no change is balance for that payment amount for that date either

but if you look ay the others earlier it does show balance going down..

 

well gather it all later and tidy it up.

 

bottom line 

that payment does not count/exist.

 

last deferment was 2011

claimform issued more than 6yrs after 2011 - debt was statute barred.

 

 

 

 

 

 

[owk]

Hello, 

 

I am drafting my defence ahead of the trial. This was a successful Aside in April 2021 which is now going to a full hearing. 

Any tips gratefully received...The claimform was issued June 19. 

 

1. If the hearing was on the 08.11.2021 - am I correct in thinking I now have 14 days to submit my defence?

2. Full hearing was discussed to be held in 5 weeks time. I have not had a letter from the court yet - but these are the timescales discussed. 

3. I would like to send a SAR to Honours to confirm all payments made, am I able to ask for a delay to the hearing, so I can present all of the evidence I have? 

 

The court have asked for a timeline which I am in the process of collating. 

 

Many thanks as always. 

 

 

DEFENCE_16112021.pdf

[dx100uk]

post it here as text please so we can quote/edit

 

not sure how many times we need to point out the Honours student loan is NOTHING to do with this claim.

[owk]

If last payment to SLC was feb 2014 (albeit incorrect)  how can it be S/B if their initial  claim form was sent to incorrect address in 2019?
 

I surely need to prove why the payments were incorrectly being taken in 2013 due to SLC mishandling my deferment (Erudio & Honours)  before sold to Erudio and assigned March 2014??

 

If the claim is fresh from today - it is definitely SB, what is the legal clarification on this, following a successful set aside? 
 

Will the court definitely  work from the June 2019/ July date or from 2021?