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

[dx100uk]

sadly very few people bother to comeback and tell us!!!

 

i'd add.

 

i shall be filing my N244 on day 15 from the date of this letter..(adapt the dates below)

 

1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date of my last written deferment was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/2017 and served three years after the initial breach thus the cause of action delayed by 3 years and the Limitations period prolonged to 6 years + 3 years 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 was a claim in contract and was statute barred pursuant to the provisions of section 5 of the limitation act 1980.  in excess of 6 years had elapsed since the date on which any true cause of action for breach had accrued to the benefit of the Claimant.

 

 

[Badgergirl25]

Thanks. I don't really understand the last bit though. Do I put the amount that the CCJ is for?

 

 

[dx100uk]

thats the defence you would have filed had they not scammed you by purposefully getting a backdoor ccj to an old address, when 1 min free search of your credit file they could have found your correct address for the date they filed the claim, 

 

and thats what you will put on your N244

[Badgergirl25]

So do I put all of that on the email to them including the previous part I sent before? 

[dx100uk]

yes slightly adapted now. and just fill in the correct dates / time in years etc

[Badgergirl25]

Please could you check before I press send?  I've still heard nothing back from SLC about the SAR though and that was send months ago, just the statements that the fleecers sent to me. Should I remove that part? Although I do still have the original document from 2011.

 

Thanks in advance..

 

 

Good evening,

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 five years+ after my last 'acknowledgement', is totally immaterial and does not reset any statute barred 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 statute barred date is measured by adding 14 days 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 xxxxxxx you unlawfully gained by default judgement on date 09/11/2020, 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.

I shall be filing my N244 on day 15 from the date of this letter

1. The Claimant's claim was issued on 09/11/2020.

2. The date of my last written deferment was the 22/03/2011

3. The Default Notice was issued 09/11/2016 and served over five years after the initial breach thus the cause of action delayed by over 5 years and the Limitations Period prolonged to 6 years + 5+ years 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 was a claim in contract and was statute barred pursuant to the provisions of section 5 of the limitation act 1980. In excess of 6 years had elapsed since the date on which any true cause of action for breach had accrued to the benefit of the Claimant.

Kind regards,

 

xxxxxxxx

 

[dx100uk]

[Badgergirl25]

Hi,

 

They have now given a different date of default that was sent to my previous address, only days different though, still over 5 years since last contact with SLC. Is there a legal limit of days/months when the default can be sent after the default has actually occurred or can they legally wait that long to restart the SB clock? 

 

Am I going to be throwing good money at bad when I do the N224? I'm getting really stressed and anxious over this as they seem to be very sure of themselves and obviously still laughing at me.

 

I'm also selling loads of my stuff on eBay to raise funds for the remainder of the set aside fee to pay in under a couple of weeks time and don't want it all to be for nothing. 

 

--------------------------------------------------------------------------

Good morning

 

Thank you for your email, the contents are noted.

 

Please find attached a copy of the Default Notice and Termination Notice issued by our client to you previously, you will note the date of the Default Notice is in fact 13 October 2016 and not 9 November 2016 as stipulated in our email correspondence below, our client provided the incorrect date for our records but this has now been rectified due to receipt of the attached copy documentation.

 

We are awaiting further copy documentation from our client, specifically a statement of account and will forward this upon receipt.

 

Kind Regards

 

Sarah Gledhill
Officer
drydensfairfax solicitors
Direct line +44 (0)113 823 3443
Fax +44 (0)113 823 3898

86195997_Term 11.11.16 edited.pdf 86195997_NOD 13.10.16 edited.pdf

[dx100uk]

under the rules that would have been in-place from the Information Commissioners office for that time 

a default notice should be issues within 3-6mts of its cause of action, that would be your last deferment date + it's 1 yrs time it covers you for.

[Badgergirl25]

Thanks DX 

[Badgergirl25]

Hi,

 

15 days is here - what do I do next?

 

Thanks in advance

[dx100uk]

launch your N244 

[Badgergirl25]

I previously downloaded the form.

Are there any examples of how I should correctly fill in the boxes?

There are loads of parts that I don't understand on it even though I have read the guidance notes over and over.

 

Where does the form go to?

Also, does the hearing have be done over the phone or do I have to travel to Northampton or will it be a local court? How do I pay?

I've no idea what I am doing, sorry. 

[Badgergirl25]

Hi,

 

Please could you check the form has been completed correctly? Any help would be appreciated and I don't want to mess this up. 

 

Thanks

 

n244 edited.pdf

Edited May 9, 2021 by Badgergirl25
left personal details on upload

[Badgergirl25]

This one instead...

n244 edited.pdf

[dx100uk]

the claimant would be 'erudio student loans' only, not slc too

 

3.Set aside, pursuant to CPR 13.3, a default backdoor judgement (CCJ Number) gained by the claimant, a debt buyer, on DD/MM/YYY.

The original Creditor, the Student Loans Company were informed in writing of my correct address in Oct 2011, the Claimant chose to use an earlier address when filing the Claim. The Loan in question was already statute barred at issuance of the claim.

 

 

10

 

3.The date of my last written acknowledgement was by a deferment form to the original creditors SLC dated 22/03/2011.

 

A default Notice was issued by the Claimant date and served...etc

 

drop 8+9

 

 

 

[Badgergirl25]

Hi,

 

Any more tweaks needed before I drop this off at the post box?

 

Thanks

n244 edited.pdf

[AndyOrch]

Don't use the phrase " Backdoor " the court won't have a clue what your referring to.

 

Andy

[Badgergirl25]

Thanks for that. Backdoor removed and left as default judgment. Is it good to go now or is there anything I should add or remove?

n244 edited.pdf

[AndyOrch]

Don't refer to them as debt buyer.....your upload at post#93 was fine didn't require any amendments apart from the claimants name.

[Badgergirl25]

also the 'backdoor' and the 'debt buyer'? I've removed them and I think good to go now.

 

Is it ok to leave the questions blank that I don't know the answer to i'e' court hearings and times, etc.?

 

I presume I send this off to Northants and then just sit and wait. Please correct me if I am wrong.

n244 edited.pdf

[AndyOrch]

5 Telephone Hearing,,,fee should be cheaper £100

6.30mins

8.District Judge

9./9a Claimant/address

[Badgergirl25]

Hi,

 

Thanks for your help here. I've made alterations - good to go now?n244 edited.pdf

 

not sure if that attached, sorry

n244 edited.pdf

[AndyOrch]

Thats fine

[Badgergirl25]

Update:

 

Northampton CC threw the original N244 back to me last week and I had to amend it, leaving questions 4 to 9a blank and pay £255 over the phone before sending back to them via email.

 

Today I receive the following from Drydens...

 

Dear Madam

 

I write with reference to the above matter and further to the application to set-aside Judgment filed with the Court.

 

I note that within your application, you state that you informed the Student Loans Company (‘SLC’) of your change in address in 2011.

 

So we can make further investigations, kindly provide proof that you informed the SLC of your change in address.

 

I look forward to hearing from you in due course.

 

Kind regards

 

Steven Redman
Technical Litigation Officer
drydensfairfax solicitors
Email [email protected]
Direct line +44 (0)113 327 8617
Fax +44 (0)113 823 3898

 

I have no proof of this as it would have just been put in the work post and Student Loans ignored the SAR request I sent earlier this year. Do I respond to the email? Or do I ignore and let the court deal with it. It is so long ago now that all I can remember is that I wrote a list and posted a generic change of address note to loads of places.

 

I've literally just got back from the hospital today for further breast cancer tests and a biopsy and I can hardly think back to last week, let alone ten years ago. How should I proceed?