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

[owk]

Ok I will look again at that upload.

[owk]

claimants 1st WS 2021-03-18

 

2021-03-18 Claimants 1st WS.pdf

[dx100uk]

other docs that will play a part or need to be checked if they do.

 

wont be tonight now.

 

2021-11-16 Defendants defence.pdf

 

2021-11-05 Claimants 2nd ws.pdf 2021-03-18 Claimants 1st WS.pdf 2020-11-16 Defendants 2nd WS.pdf 2021-04-12 Defendants 1st WS .pdf

[owk]

Hi DX, 

 

Any advice following the uploaded W/s? Still no hearing date through and I can’t get hold of the court either by email or phone. 

 

Update - letter has arrived from the court. I’ll redact and upload later! 

[dx100uk]

and?

 

dx

 

[owk]

apologies for the delay Dx, please see attached/ 

 

Notice Of Assignment 24-11-21.pdf

[dx100uk]

You dont need to munge dates

 

So statement exchange by 29/12/2021

 

Dx

[owk]

Dx... Will they proceed with this and pay the fee? 

[dx100uk]

How do i know - is the moon made of cheese?

 

If your statement is good enough they might well not.

Go sEe if you can find a erudio thread here where it being sb has resulted in a loss?

[owk]

You are the Consumer Gods after all! Ok I will re write my statement and upload. 
 

You kept saying don’t talk about SLC etc.. am I just focusing  on SB...? 

[dx100uk]

which is why i want ALL the docs in one place.

 

over all the period the non focus has allowed the claim to rumble on over various issues.

the main focus now is it is and always WAS statute barred before the claim was ever issued.

 

you can portray a story briefly debunking what the claimant states in their WS if you want too explaining upon how/why the claim took its course  but you now, with all the info in one place have realised the claim was statute barred.

 

dont worry i'll deal with sorting that too.

its a god sent we have time now as i didn't have alot for issues like this, but now its so simple to do.

[owk]

Happy New Year! 
 

*****Court Case Update Following Succesful Set Aside from May 2021******
 

As per uploaded documents from hearing on 8th November 2021, Witness Statements  to be exchanged by Dec 29th 2021 and trial fee to be paid by Claimant. 
 

I emailed the court after the 29th to see if the court fee had been paid by Drydens, as per the court instructions I had received.  

(If Drydens had not paid the case would be a Strike out) 
 

The court have today emailed back to say it was a mistake on the form and their trial fee not due until Feb 2022 ( full hearing is March 2022). 
 

Is this correct? 

[dx100uk]

if the court says so it must be.

 

dx

 

[owk]

That’s what I was thinking, but it still felt a little strange?

[Andyorch]

But what about the courts directions in preparation. Statement and disclosures....as a new date been set for them or just the hearing fee date ?

 

Andy

[owk]

I have emailed the court back this afternoon to ask if this was the only date which was incorrect on the letter. 

I have a line of communication with a court manager as I have already been sent incorrect information/ not received letters from HCMTS in this process.

 
I am thinking I would like clarification as to how this happened and whether it was correct. I have a feeling Drydens have missed the date for payment and are arguing the toss. 

I am also concerned as I rushed to get my statement in before Court closed on 24.12.21 ( it was all due for both parties on 29.12.21) , and this will put me at some sort of disadvantage.... or they will try to strike out before the case on some clever legal point. 
 

 

[Andyorch]

Given that you have already filed your statement/disclosures by the date given I wouldn't be too concerned...have you received the claimants statement /disclosures ?

 

or are they working to new dates that your not aware if ?

 

Andy

[owk]

Thanks Andy.
 

February 2nd for Claimant to now pay trial  fee and a new form will be posted out to me..to confirm the correct details.

 
 Yes,  I have already received claimants witness statement after the hearing in November - I uploaded it to the posts. The court confirmed they had mine. 

[Andyorch]

Quote

 I rushed to get my statement in before Court closed on 24.12.21 ( it was all due for both parties on 29.12.21) 

 

Quote

I have already received claimants witness statement after the hearing in November

 

Have they not submitted a further statement...or was they not required to ? as you state above it wasn't due until 29th Dec 2021 by both parties ?

[owk]

The statement was due by the 29th Dec, the hearing was 8th Nov. Drydens sent a new statement after the hearing to me dated the 5th November (or thereabouts.)  From the vague email I received from the court I believe the Feb 2nd date is only about the fee?? 

 

I have received an amended court allocation notice through the post today. 
 

The only change is the date of the trial fee which is now due on 2nd Feb not 29th December as my initial letter stated. (I’ve a feeling Drydens missed it and have argued it) 

I have emailed the court operations manager to clarify this change...... 

[owk]

Hi - Drydens have paid the final court hearing fee today 3rd Feb. 
 

It was supposed to have been yesterday 2nd Feb before strike out. 

How can I check this - will they just claim system delays? 

[Andyorch]

What's the point ?  only  a day late you cant strike out for that.

[owk]

ok,thanks for your response not been through this process before. 

pay by 2nd Feb or strikeout looked pretty clear to me.. 

 

I’m going to ring Erudio directly and speak to their compliance officer.  

[Andyorch]

Well have a go see what the court says..no use speaking to Erudio

[owk]

Sorry - I’m happy to have my day in court - but CcJ is not an option for me. 
it was set aside previously.