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

[dx100uk]

On 19/01/2021 at 12:47, owk said:

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.

 

the debt was sold 22/11/2013 as in the claimant POC ^^^^, the DD was invalid from then on, no agreement existed with SLC, hence payments were reversed, hence the 2014 payment listed on erudio statement must be bogus too, the DD to SLC would have been invalid from sale date, no payment was ever made. so SB date is your last deferment 2011, which is also clearly listed in erudio disclosures.

[owk]

I’ve finally  got it! I want to file my defence tomorrow as I believe I have 14 days and today was day 7 since the hearing. Do I just write SB? 

[dx100uk]

alternative whereby claimant intimates SB date=defaulted date and that has been registered months/years after the last payment/deferral 
.
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.

[owk]

Hi I’ve had no post or email from the court. Am I correct in thinking my statement still  needs to be in within 14 days? I cannot get through to the court.... 

 

DEFENCE

1.     I received the claim  from the Northampton Court on ...... 2020 as the Claimants claim from was sent to an address I no longer resided at …….

 

      2.  Each and every allegation in the Claimants statement of case is denied unless specifically    admitted in this Defence.

 

3.This claim is for a Student Loan agreement regulated under the Consumer Credit Act 1974.

 .

4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6.The Claimant’s statement of case states that the account was assigned from The Student Loan Company to Erudio Student Loans Limited on 22.11.13 with a new master reference number

 

.6........0. The Defendant does not recall receiving notice of this assignment.

 

7. It is denied that The Student Loan Company served any default notice on the Defendant pursuant to S87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant default notice was served upon the Defendant.

 

8. The claimants claim form was issued more than 6 years after 2011 which is the last date of deferment according to the SAR from the Student Loan Company. 1(evidence attached)

  

The Defendant did not receive this notice as the original creditor had not amended the defendants address correctly on 09.11.2013.   2 (evidence attached).

 

9..The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

 

10..In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

 

11.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated  ________________________________

 

[dx100uk]

no thats an embarrassed defence.

 

pers id file what i have already advised.

 

p'haps @Andyorch will clarify for you.

 

i cant see why you are awaiting docs...you have all the proof already.

[owk]

Do I send them any evidence with this ie Erudio SAR , as Drydens have attached “their evidence”. 

Do you mean use the defence you posted on Tuesday at 19.46? 

[dx100uk]

On 08/11/2021 at 22:52, owk said:

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. 

 

sorry i was forgetting this is a full hearing as above. you have the set aside

 

ive already outlined the timeline story a few posts .

 

i would do two sheets

1. a timeline of events (very basic very simple bullet points with dates..ref'd to a paper exhibit to prove it)

2, the SB defence i put up regarding the default notice being months/years after.

 

to remind you

 

on docs already sent you in the erudio bundle evidence shows:

 

last successful deferment 2011 (inc and ref that page)

 

22/11/2013 N.O.A was sent out by Erudio - SLC DD Mandate was thus cancelled on/by that date and payments  reversed by your bank before this date. erudio somehow managed to use the old SLC DD or set up a new DD, without your consent and took one payment march 2014. there is no proof this changed the balance on erudio statement for that period.

 

a 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.

 

 

 

 

[AndyOrch]

I would use the claimants statement as your basis for your defence as per your upload trial bundle. Respond and add to the points on which they will rely upon as the basis of their claim and draft your defence around their points.

[owk]

Ok thank you both  is it just the 14 days I have to file this?

I’ve had nothing from the court, and cannot get through by phone ? 

I’m thinking of writing to Erudio with a s/b letter, and ref their own SAR document.  
 

 I had sent one to Drydens last year and they completely ignored it.. 

[dx100uk]

no.

please stop going off on useless tangents.

yes its 14 days you said so yourself when you came out of your successful set aside..

so you've at least 7 days, if not more.

 

stop dithering on things that are of no relevance. get your statement done.

[owk]

Set aside was May??? 

[dx100uk]

On 08/11/2021 at 22:52, owk said:

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. 

no it was nov 8.

[owk]

that was the next hearing after the sucessful set aside. I believe I had filed a defence to an incorrect email address and drydens were trying to say I had not filed a defence. I had also hand delivered it to the court so I am really confused. 

[dx100uk]

just do what the judge ordered and use the guidance that andy has put up.

 

the over riding factor here is that since you've now had time to review carefully all the documentation , you've now discovered the debt was already statute barred upon issuance of the original claimform that caused the default judgement.

[owk]

Erudio Timeline

 

1997 -2000  Student Loans granted. 1 with Honours and 3 SLC Company. Shared Borrower Status. 

2001-2011 Loans deferred annually with Student Loans deferred annually with no issues.

2011 – Last successful deferment to Student Loan Company

2012 – Got married and changed my surname. The Student Loan Company unfortunately did not action this change correctly.

2012- July maternity leave imminent – applied to defer was told to contact Student Loan Company later in the year.

Oct 2012 Student Loan Company did not process my deferment correctly -as per The Student Loan Act 1998.

2013 -May, moved house and updated Student Loan Company in July 13. Old phone number removed but address not added.

2013 November – Student Loan Company sold loans to Erudio, but as my new address not updated by the Student Loan Company no paperwork ever received from regarding Notice of Assignment.

2014 March Unknown payment from ESL Limited, contacted bank who advised it must be a scam as it was a new direct debit that could not be set up without my permission. The Bank cancelled this direct debit immediately.

2014 May/June- Contacted Student Loan Company to chase my deferment forms who said I had to speak to Erudio. Erudio had a recorded message saying speak to Student Loans Company.

2014- May, June, July- contacted Erudio and SLC many times who said I was not able to defer and not allowed any deferment forms.

2016- Notice of Termination.

2017- Moved House

2019 July Judgement in Default received.

2020 November – Found out about the judgment.

2021- Application to Set Aside Judgment.

2021 November – 30 minute hearing.

 Is this ok for timeline? thank you! 

Edited November 19, 2021 by owk

[dx100uk]

your successful set aside hearing in the earlier part of the year that you won

 

we've never seen the WS the claimant filed...we got your you filed with the N244 at the time

but not the claimants.

 

 

 

 

[owk]

In the County Court at XXXXXXXX Between

         Claim No: XXXXXXX

 

Erudio Student Loans Ltd     Claimant

 

AND

             

                                                                                                   XXXXXXXX   Defendant

 

 

 

DEFENCE

 

I, XXXXXXXXXXXXXXXXXX will say as follows.

I make this statement in response to the Witness Statement dated XXXXXXX November 2021 by the Claimant.

 

Background

1.     I entered four (not 3 as stated incorrectly in the Witness Statement of the Claimant) Agreements with the originating Creditor, the Student Loans Company (SLC) to which the Claimant also signed and agreed to be bound by its terms and conditions.

 

2.     As outlined in the Claimants SAR sent to me on 24.12.2020 and referenced in the Claimants bundle, my last successful deferment was 2011. Page 1 of 29 – ref Account Information Erudio SAR.

 

3.     On 22.11.2013, a Notice of Assignment was sent out by Erudio, the SLC direct debit mandate was cancelled on that date and invalid.   

 

4.     Erudio managed to set up a new direct debit under ESL Limited in March 2014 which was unknown to me and without my consent. The bank advised me it must have been a scam and cancelled the direct debit.

 

5..  A letter of maturity/ demand in full pages 8-9 of SR1 referenced in the Claimants bundle dated 28.10.2016, this was served several months after the initial breach, thus the cause of action delayed by over 31 months and the limitations period prolonged to 6 years and  31 months which in effect allows the creditor 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.

 

Ref your last message - I have a paper copy only of the March set aside Claimants bundle - it looks the same is there anything I should be looking out for? 

 Thanks- if this is ok I am going to send in tomorrow. 

[dx100uk]

i was working on this last night

 

as the 2nd claimants ws ref'd the 1st, it would be better to see it please

 

your ideas to date are upon the right lines but the time line is p'haps not really needed.

erudio only purchased 3 so as i've said before , forget the honours one.that was sold years before  erudio deal was signed by the gov't , but it will get a mention. what we need to do is address your errors in your earlier defence/ws with explanations and exhibits too

[owk]

Ok thank you! Can I type it out ( March statement Drydens ) as not sure a photo will upload? 

[dx100uk]

use jpg then convert to PDF as usual

read upload.

 

dx

 

[owk]

 

 

Claimants 2nd WS 2011-11-05

 

 

2021-11-05 Claimants 2nd ws.pdf

[owk]

Sorry posted this in the wrong place!

• It’s been 14 days today  since the hearing on Nov 8th. I’ve had nothing in the post  from the court, and still can’t get through on the phone. I’ve tried many times. 

The number just rings - they talked about 5 weeks in the hearing - but I’m worried the deadline for the defence will be today?? 

[dx100uk]

No .. 14 days before the hearing at worst could be less some are 7 some are 2 days.. please stop panicking.

got all week. 

 

will help this week..your ideas need work.

[owk]

Ok I just did not want to miss any deadlines. Thank you! I want to defend but I cannot be left with a ccj. I’m now  inclined to pay up then claim back!! 

[dx100uk]

no dont do that you'll win.

 

paying wont remove the ccj!

 

not sure what you've done but i need the 1st WS by simon from around 19/03/2021

you've either mixed documents up or something as your last upload(edit now sorted)  has documents dated AFTER march 2021.

 

i need the full claimants WS from around 19/3/2021 and all the exhibits of that too.