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

[owk]

I need them SLC to confirm that, they emailed to say they would keep my paperwork  had on file  - for me to give birth in December and start maternity leave.  My husband posted/ scanned over the new signed deferral form on my behalf to go with the letter from my employer.  This will be hard to prove I guess but he 100% did it. In fact I remember asking him in the hospital - it is clear. 

[owk]

Evening,

 

Would there be any reason why on Erudio N.O.A my SLC account number is completely different?  I have two other SLC account numbers as for some reason they had a duplicate account for me.. 

 

Is this the new master reference - if so why still call it SLC Account number on the Notice of Assignment ?

 

There is a long Erudio customer reference number on other paperwork, so its not that? 

[dx100uk]

i've just been through the emails concerning this 

SLC did not indicate they would automictically resubmit your deferment in December 2012, they clearly stated they would simply hold the documents you had sent on file and you would then need re-apply for deferment again, that you did not do as far as i can see, so any payments taken were not taken 'in error'. 

 

as for 'paperwork' issues like that you state above , they can play no part as the CCJ trumps any paperwork wriggles over enforceability.

 

this set aside hearing could fail.

 

 

 

 

[owk]

I’m not sure if I can prove this but it was 100 % true. Do you have any advice for me? I had to wait my December payslip - and it was probably faxed over, or posted. There is no way I could have that record now. 

 

[dx100uk]

so you are indicating a new deferment form was submitted in december ? if so i would expect such evidence to be in the comms log of the SLC SAR.

[owk]

I agree it would often be in the comms sections but SLC did/ not do not record all comms and phonecalls.  I have evidence of this. 

 

I have two or three email conversations not recorded on my SAR, and I know during April May 2014 I would have called them trying to find out what was going on and asking who Erudio were etc.. I thought  they were a Link or Thesis and were all just trying to grab what they could. 
 

In May 2014 I must have rang Student Loan Company and it was then they set up a new  DD for what I now know to be Honours Student Loans only and I have a 334.00 payment which I must have believed were the  Erudio arrears leading up to that time. I was probably not even earning the threshold but was pleased to be back on track and not have Erudio on my case. 

 

I seem to remember I thought the Erudio chaos was dying down and SLC were servicing borrowers as before. 

 

I have 36 letters in my Erudio SAR - and nothing from them between  March 2014 - 2016 no statements no letters of arrears just a N.O.A with a dodgy assignment number which is nothing like my Student Loans 2 numbers, and no it wasn't the very long Erudio Master Reference! (Yes SLC  even had a duplicate account for me.) 

 

I think the absence of these letters mean an awful lot of non- compliance during that period by Erudio, I had no idea of my balance or status. 

 

I also have a request to Defer on SLC SAR  2015 with only the Honours Loan on it - so much for shared loans being processed by the SLC. 

 

I will see how I get on next week, I appreciate the interest you have shown, after 12,13 decent years of either payment or deferral with a reasonable company I wasn't expecting the might of Erudio.. I will have to accept my fate I am afraid.. 

 

 

 

[dx100uk]

11 hours ago, owk said:

I have two or three email conversations not recorded on my SAR,

you mean

 

 

SLC EMail.pdf

[owk]

Yes and emails with SLC in the July also discussing my deferral the following year. There is correspondence about faxing it over to them.

[dx100uk]

Might be best we see them?

 

what day are you in court or is it zoom/phone

[owk]

It’s. Tuesday this week.

 

It’s a telephone hearing 

[dx100uk]

let us know how you get on eitherway.

[owk]

Yes of course. I was  in touch with SLC yesterday  they have confirmed they have an open investigation running due to duplicate accounts and errors - they said the judge can call them! Not sure if he/she will do that... 

[dx100uk]

i think it best you construct something that quickly and concisely you can readout to the judge when he asks for your input.

your N244 set aside reasons, which is all he will go by, are at the very least...confusing. however this can be put to your advantage in proving to the judge that since 16th nov 2020, you have diligently tried to get to the bottom of this 'debt'.

 

"sir, since the 16th nov 2020 when i filed my set aside form N244, i have send no less that 2 Subject Access Requests and various telephone calls and emails to both the parties involved in this case and the student loan company.

 

Through these, and firstly, i wish to clarify one matter.

i mentioned in the N244 that i was sure any outstanding balance has been paid off. it has since transpired that my statement appears to be incorrect and the outstanding balance i paid was a totally unrelated Honours Student Loan nothing to do with this case.

 

This has led SLC to tell me that there are duplicate accounts in my name, which there should not be and these accounts also have errors. i have re contacted SLC this very morning and the investigations are still on going. 

 

however, it is clear from the data i have to date that SLC took payments during the period xxx - xxxx which they should not have done as they failed to process a deferment form which covered that period. as thus my last deferment was xxxx the debt i now realise was statute barred at the issuance of the original claimform.

 

 

[owk]

can I please send you a private dm - just the one I need to check something - or can I please hide a post? 

[dx100uk]

you cant hide post.

 

pm if you wish 

[owk]

What is your pm mail address please? I will do it now. 

[dx100uk]

click my username or avatar ...hit message

[dx100uk]

you need to post what you sent by PM to this thread

there is no reason to hide your natural questions on the N244 

pm is solely for private information not questions

PM advice helps no-one bar you and thats not what CAG is about.

 

please update your thread

 

 

[owk]

Hi - it’s been 1 week  yesterday  since the court  hearing and I’ve still  had nothing in writing from the court.
I’ve rang the court - no answer - and I’ve had an email saying instructions would be sent out to me. 
I’m actually feeling pretty stressed out about it. 
It was set aside - but I need to provide a signed statement within 14 days. 

Drydens said something about costs at the end of the hearing - but I’m not exactly sure what was decided. 

 

[dx100uk]

3 hours ago, dx100uk said:

you need to post what you sent by PM to this thread

then people can answer you.

 

dx

[AndyOrch]

3 hours ago, owk said:

Hi - it’s been 1 week  yesterday  since the court  hearing and I’ve still  had nothing in writing from the court.
I’ve rang the court - no answer - and I’ve had an email saying instructions would be sent out to me. 
I’m actually feeling pretty stressed out about it. 
It was set aside - but I need to provide a signed statement within 14 days. 

Drydens said something about costs at the end of the hearing - but I’m not exactly sure what was decided. 

 

 

It will be 14 days form the date of Order ...when it eventually turns up...but there is nothing to stop you preparing your draft statement in the meantime.

 

Andy

[owk]

Hi .. It's been set aside. 

 

It was so frightening.. I was a nervous wreck. Thank you for your paragraph, I didn't have much time to speak in the hearing. 

 

All parties said they did not have my updated witness statement ( with results of my SLC SAR and bank statements - even though I hand delivered it to the court yesterday. The county  court has not been answering the) phones for two weeks so I had to go down there.

 

I spoke to a lovely man who said he would ensure it got into the right hands - but it didn't. 

 

I also emailed updated Witness Statement it to Drydens this am, and some of my evidence.

 

My gut feeling was the woman from Drydens was not being truthful when she said she did not have it. 

 

I need to submit a defence to the court and have 14 days I believe to do so, the call just finished - will I hear from the court?

 

The Judge wants to see a few clearly spaced out paragraphs and a signed witness statement.

 

Drydens  said something about costs, the Judge ask if I understood.. which I didn't, how will I know what's what - will I receive paperwork from the court do you think? 

 

I need to calm down from it all today but I am going to chase SLC tomorrow for the results of their investigation, apparently there is a special team from Erudio that they are working together on with SLC and they are in contact. 

 

I want them to confirm exactly how much has been paid and who to- (link, thesis SLC?)  I would be happy if based on the evidence Student Loan Company accept that mistakes have been made on their part, and put me back in deferral minus any arrears. I will fight this cause as I believe I have been wronged by poor adminat SLC and the devil that is Erudio. 

 

I do not want to have to deal with Drydens again, the CCJ has always been my major issue, as I have recently been made a Director of my husbands business and he would have gone nuts. 

 

I would like to be of help to other posters, but I am too scared to add any information today, the woman from Drydens was so mean. Thank you for your help, you have been very sceptical of my situation but I knew I have been wronged, bullied by Erudio and treated so very poorly by SLC.   I will of course be donating. 

[owk]

Thanks Andy, I have a statement prepared - as I was assuming 14 days from hearing.. but is that posted... emailed... ?? 

 

I already sent updated witness statements in - with my evidence, which I’ve been told were given to the court usher - but all parties said they didn’t have them on the day. Do I change that?? Is there a certain format I need to follow? 
 

I’m going to chase SLC tomorrow who are investigating it with Erudio, I cannot imagine this will be concluded by next week. 

[AndyOrch]

Have I got this right your posts are somewhat confusing......your teleconf hearing was last Thurs ? 

 

The claim was set a side but you have not received the court order confirming directions that a statement must be submitted within 14 days of last weeks hearing ?

 

Post your draft witness statement here for opinion....lets see if it requires any tweaks and a polish.

 

 

 

.

[owk]

Sorry if confusing
 

 - It was a tele hearing  on 30th March. 
I was told in the hearing it was set aside - but the judge wanted a witness statement signed a few paragraphs - as he wasn’t going to read through all of my evidence?? 

I expected to receive written confirmation a few days later - but nothing.. I’ve chased the court who have said I will be sent info out and to ring them if I don’t understand. 
I will redact and post statement drafted first thing -