Backdoor Erudio CCJ - old Student Loans - Already SB'd - ***Claim Discontinued***

[Badgergirl25]

Oh no, sorry. Could you delete the single ones I posted as well? and thank you again for your help. 

[dx100uk]

already have hidden them you're safe

i cant see we need anything other than the default notice.

though i've yet to workout why they took till 2016 to issue one.....could it have been the debt was gonna reach statute barred date and they wanted to halt that...no...surely a fleecing DCA wouldn't do that....

[Badgergirl25]

Does the default notice make any difference to the statute barring? 

[dx100uk]

On 22/01/2021 at 21:27, Badgergirl25 said:

I know it was stupid of me to not get back in contact after I moved and I thought it got written off at age 50. (I'm 53)

 

so this would mean 2018..so no real link as to why they decided to issue a DN date wise...

 

but if  a DN was issued months even years after your last letter to anyone regarding admittance to any debt.

to me thats looking like 2011?

 

[Badgergirl25]

Yes that's correct, early 2011

[dx100uk]

18 hours ago, Badgergirl25 said:

 

Good evening

 

We email further to the below.

We received our instruction on the 6 February 2017. We have issued correspondence regarding the balance outstanding and the legal proceedings in relation to the matter. The Court would have also contacted you regarding the Claim and the subsequent County Court Judgment dated 9 November 2020.

We note that you assert this debt to be subject to the Limitation Act 1980 section 5, however, this is incorrect as the account defaulted on 9 November 2016, and as . Documentation from our client is attached.

If you are unable to repay the balance in full please complete an income and expenditure form and return the same to our offices, as there is no formal arrangement in place.

 

You may complete this via our customer website www.drydensfairfax.com/customer, or by telephone on 0113 823 3388

 

We trust this clarifies and look forward to hearing from you.

 

Kind regards

 

i thank you for your email , it's contents are duly noted.

 

i'm not sure what rule book you are operating under but your statement that a student loan account, is exempt from the Limitation Act section 5. is totally incorrect. old style student loans can become statute barred.

 

The new style post 1998 SLC Loans , of which none have been sold by the gov't to anyone yet, let alone debt buyers like your client do meet your statement above. i wonder if you are getting confused or are trying to trick me?

 

Having sought information provided by the ICO Information Commissioners Office, my last contact with anyone, which is contained in an sar from and confirmed by, the SLC in writing, was by a deferment directly to them in 2011.

 

The issuance of a default notice by yourselves as a debt buyer and not from the original creditor, some 5 yrs+ after my last 'acknowledgement', is totally immaterial and does not reset any sb clock. 

 

It was also pointed out to me that both yourself, working for Drydens and your Client Erudio are part of the Arrows Group, and that the Arrows Group attained some kind of landmark appeal some years previous that might have deemed that any SB date is measured by adding 14days to the issuance date of a default notice. this however is not retrospective and does not apply in my case being 2011.

 

i give you 14 days from the date of this email to remove, by whatever method you wish to employ, as long as this is free of charge to me, the CCJ number xxxx you unlawfully gained by default judgement on date xxxxx, as the debt was already statute barred.

 

should you fail to do so i will, without further notice, issue a set aside and will be seeking financial compensation for the damage done to my credit worthiness and the set aside issuance fee.

 

dx

 

 

 

 

 

[Badgergirl25]

Thanks. I will email in the day word for word. Not this moment though or they will know I'm having a sleepless night. 

 

Quick question, I've not heard anything back from SLC regarding the SAR request. However, I do have the last deferment letter. Should that part be re-worded or left as is?

[dx100uk]

no they will not be aware of any private comms between you and the SLC.

 

 

 

 

[Badgergirl25]

Ok, I sent as is today 

[Badgergirl25]

Received just now...

 

Good afternoon

 

We email in reference to the above.

 

We have requested further documents from our client and will be in a position to respond shortly.

 

Kind regards

 

Tabitha Bennett
Technical Litigation Officer
drydensfairfax solicitors
Email [email protected]
Telephone +44 (0)113 823 3388
Fax +44 (0)113 823 3898

[Badgergirl25]

Hi,

 

Just to update you, I've heard nothing since 19th Feb. Anything I should be doing at this end?

 

Thanks.

[dx100uk]

On 16/02/2021 at 01:38, dx100uk said:

should you fail to do so i will, without further notice, issue a set aside and will be seeking financial compensation for the damage done to my credit worthiness and the set aside issuance fee.

You should have started your claim when you said..they are laughing at you.

[Badgergirl25]

err, so how do I do that?

[dx100uk]

you should be researching on CAG regarding how to issue an N244 set aside, and i note its already been mentioned in this thread...you've had since january when this was 1st advised...

 

why don't you send her a chase email.

[Badgergirl25]

I am saving up for this as best as I can but can only do about £40 a month. I guess they will have to laugh at me for a few more months then until I can afford the set aside fee.

 

Update:

This has stressed me out long enough now and I have managed to beg and borrow part of the fee I need to pay today.

 

I have had a look at other set asides on your site but still unsure what to put.

Please could you advise me of how to word the application?

 

Do I put that the debt was statute barred AND that I never earned enough and it should have been deferred?

Do I say that it was sent to my previous name and address?

Should it be a hearing or not or by telephone hearing?

Also what I should attach.

 

Thanks

[dx100uk]

On 19/02/2021 at 12:35, Badgergirl25 said:

Received just now...

Good afternoon  

We email in reference to the above.

 We have requested further documents from our client and will be in a position to respond shortly.

 Kind regards

 Tabitha Bennett
Technical Litigation Officer
drydensfairfax solicitors
Email [email protected]
Telephone +44 (0)113 823 3388
Fax +44 (0)113 823 3898

 

why don't you email back asking for an update?

 

dx

 

[Badgergirl25]

Reply today...

 

Good afternoon Madam,

 

We write further to the above matter and your recent emails.

 

We confirm that this account has been placed on hold as we are currently awaiting the requested documents to be sent to us.

 

Unfortunately, we are unable to provide a timescale as to when our client will revert back to us. However, we will provide you with an update as soon as possible.

 

Kind regards

 

Sylwia Wegrzynowska
Officer
drydensfairfax solicitors
Email [email protected]

Fax +44 (0)113 823 3898

[dx100uk]

well they aren't enforcing the CCJ so it looks like they remain in doubt it should ever have been granted.

unless the CCJ being there is at present hurting you or upsetting imminent plans  lets give them rope for a few weeks to get this info.

then we'll pull the rabbit out the hat with regard to your last deferment  proof.

 

 

[Badgergirl25]

Yes, I agree with you. I will wait a little longer and see what they come up with.

 

The CCJ isn't affecting me as far as I know. It didn't seem to make any difference when I recently applied for a Barclaycard for a zero fee 0% balance transfer or my new phone contract.

 

It hasn't appeared on Equifax or Experian yet either, which are showing my credit rating as high. I didn't even know it was there until I took your advice to get a full credit report and which showed the CCJ on Transunion. 

[Badgergirl25]

UPDATE: Email and SLC statement received today...

 

Good morning Madam,

 

Please find attached statements provided by our client.

 

Should you have any queries please contact us within the next 7 days.

 

Kind regards

 

Sylwia Wegrzynowska
Officer
drydensfairfax solicitors
Email [email protected]

Fax +44 (0)113 823 3898

 

 

student loan edited .pdf

[dx100uk]

On 16/02/2021 at 01:38, dx100uk said:

 

i thank you for your email , it's contents are duly noted.

 

i'm not sure what rule book you are operating under but your statement that a student loan account, is exempt from the Limitation Act section 5. is totally incorrect. old style student loans can become statute barred.

 

The new style post 1998 SLC Loans , of which none have been sold by the gov't to anyone yet, let alone debt buyers like your client do meet your statement above. i wonder if you are getting confused or are trying to trick me?

 

Having sought information provided by the ICO Information Commissioners Office, my last contact with anyone, which is contained in an sar from and confirmed by, the SLC in writing, was by a deferment directly to them in 2011.

 

The issuance of a default notice by yourselves as a debt buyer and not from the original creditor, some 5 yrs+ after my last 'acknowledgement', is totally immaterial and does not reset any sb clock. 

 

It was also pointed out to me that both yourself, working for Drydens and your Client Erudio are part of the Arrows Group, and that the Arrows Group attained some kind of landmark appeal some years previous that might have deemed that any SB date is measured by adding 14days to the issuance date of a default notice. this however is not retrospective and does not apply in my case being 2011.

 

i give you 14 days from the date of this email to remove, by whatever method you wish to employ, as long as this is free of charge to me, the CCJ number xxxx you unlawfully gained by default judgement on date xxxxx, as the debt was already statute barred.

 

should you fail to do so i will, without further notice, issue a set aside and will be seeking financial compensation for the damage done to my credit worthiness and the set aside issuance fee.

 

dx

 

 

 

dear xxx

 

i refer you back to my email dated^^^^

 

you replied indicating you were awaiting documentation.

 

you have now replied today with a series of SLC statements , which do nothing really other than confirm what was already apparent and known, that no payments had ever been made nor were ever due from me at all regarding the period my loans were directly administered by SLC before the sale to your client. Which not to be too blunt, confirms the debt WAS already statute barred by the time your client bought the debt and latterly issued a backdoor claim form and the resultant default CCJ.

 

i was under the impression you were investigating and awaiting documentation that confirmed my above claim? So have you also received my annual deferment forms which proves none exist past year xxxx and are you going to set aside the CCJ FOC to me now because of you clients obvious mistake

 

or do i have to raise an N244 at my expense against them and thus claim back that cost and financial compensation to the irreparable damage to my credit worthiness over all these years through court??

 

thank you for your time..

[Badgergirl25]

Thanks - done

[Badgergirl25]

Received today...

 

Good morning

 

We write to confirm we are still awaiting further documentation on this account from our client, specifically the Default Notice. The statements sent were the first lot of documents we received from our client that we sent for your information.

 

We note that you assert this debt to be subject to the Limitation Act 1980 section 5, however, this is incorrect as the date of default was 9 November 2016 and legal proceedings issued against you on 8 March 2017. Therefore 6 years has not lapsed since a cause of action was issued against you and therefore the debt is not statute barred.

 

We will contact you upon receipt of further documentation.

 

Kind Regards

 

Sarah Gledhill
Officer
drydensfairfax solicitors
Direct line +44 (0)113 823 3443

Fax +44 (0)113 823 3898

[dx100uk]

On 16/02/2021 at 01:38, dx100uk said:

Having sought information provided by the ICO Information Commissioners Office, my last contact with anyone, which is contained in an sar from and confirmed by, the SLC in writing, was by a deferment directly to them in 2011.

 

The issuance of a default notice by yourselves as a debt buyer and not from the original creditor, some 5 yrs+ after my last 'acknowledgement', is totally immaterial and does not reset any sb clock. 

 

It was also pointed out to me that both yourself, working for Drydens and your Client Erudio are part of the Arrows Group, and that the Arrows Group attained some kind of landmark appeal some years previous that might have deemed that any SB date is measured by adding 14days to the issuance date of a default notice. this however is not retrospective and does not apply in my case being 2011.

 

i give you 14 days from the date of this email to remove, by whatever method you wish to employ, as long as this is free of charge to me, the CCJ number xxxx you unlawfully gained by default judgement on date xxxxx, as the debt was already statute barred.

 

should you fail to do so i will, without further notice, issue a set aside and will be seeking financial compensation for the damage done to my credit worthiness and the set aside issuance fee.

 

dx

 

 

repeat the above 

then be prepared to issue a court claim on day 15.

[Badgergirl25]

Thanks. Should I send word for word as before? 

 

Quick question for 15 days time, is it definitely SBd and will the judge see it as such?

Drydens keep arguing about this Erudio lot sending a DN 5 years after the last deferral to my old name and address resets the clock. Has anyone won yet?