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

[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. 

[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?  

[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. 

[owk]

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

[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

[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. 

[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

[owk]

Brilliant thank you  

[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

[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? 

[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? 

[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  ________________________________

 

[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? 

[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.. 

[owk]

Set aside was May??? 

[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. 

[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

[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. 

[owk]

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

[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?? 

[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!! 

[owk]

Ok I will look again at that upload.

[owk]

claimants 1st WS 2021-03-18

 

2021-03-18 Claimants 1st WS.pdf