Jump to content


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


Recommended Posts

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.

 

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Replies 105
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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 -

Link to post
Share on other sites

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. 

Set Aside cag.pdf

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 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..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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? 

Link to post
Share on other sites

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

you've a few days yet.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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?  

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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 ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks andy!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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. 
 

 

Link to post
Share on other sites

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

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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 

Link to post
Share on other sites

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.

 

 

 

.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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 

Link to post
Share on other sites

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Andyorch changed the title to Erudio/ Drydens Fairfax CCJ - Advice Please - Set a Side claim proceeding.

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! 

Link to post
Share on other sites
  • dx100uk changed the title to Erudio/Drydens SLC Loan CCJ - Advice Please - Set a Side claim proceeding.

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....

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...