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

[dx100uk]

that looks excellent to me

 

dx

[MooseT]

Is it worth requesting court costs etc. from the claimant?

[AndyOrch]

You must attach a copy of the letter which they state the debt is exempt from the limitation's act and mark the statement with its exhibit number.

 

You can in your concluding paragraph request costs in making this application...respectfully request.

[Badgergirl25]

My last post seems to have disappeared Statement edited.pdf.

 

@Andyorch, I've added  the email (exhibit 3)  and noted this in paragraph 10. I was going to ask verbally, if successful, for the court to make an order for the other side to pay the application fees. Is this ok?

 

I think this is good to go now. Please could it have a last check before emailing tomorrow evening when I get home from work? (I presume this is ok as unable to email in the daytime) Do I cc Drydens in? Also, how do I sign?

 

Thanks

[AndyOrch]

You can request verbally also...but its normal to be in your statement and its evidenced that way that you requested  it. 

Just add it at point 15 

 

15. The defendant respectfully requests costs/fee in making this application.

 

 

 

.

 

 

.

[Badgergirl25]

I've added  point 15 and it is ready to go.

 

Do I cc in Drydens ([email protected]) when I email over today? 

 

Also, is printed name ok instead of a signature?

[AndyOrch]

Sign the courts copy...print is okay for the claimants.

[Badgergirl25]

Hi,

 

I'm a bit confused as how to differentiate? I was about to email the statement over and copy in Drydens in with the same document.  That is how Drydens submitted theirs. Is that wrong?

 

Kind regards,

 

Yvette

[AndyOrch]

Do two separate emails..>Court signed copy.

Drydens ..> printed copy.

 

[Badgergirl25]

Update: Received this todaySupplemental Witness Statement edited.pdf from Drydens. 

[dx100uk]

god drydens choose some twaddle when it suits them...

[Badgergirl25]

Do you know what I should be expecting on the day? What sort of questions would I be asked? 

[dx100uk]

Almost zero its for them to prove the debt is not s b'd not for you to prove it is

 

 

[Badgergirl25]

Update: I was successful on the set aside but with costs reserved for the trial judge. Really annoyed with that part as I was going to donate it to you lot. The judge said the timing was ok and the N244 was promptly made considering the waiting for information from Drydens. The fact that I had contacted SLC, even though I had no proof was counted as a defence. 

 

Statute-barred was not mentioned, just a bit about the limitation constraints and he agreed with the 2016 cause of action date, but also that it wouldn't have happened had actually received  the notifications from them and that I have never earned enough. Drydens went on a bit of a tangent and pointed out that I had not sent anything in to prove that I didn't earn enough. I didn't really understand what he was saying so apologies for that but it sounded a bit of a worry as the judge seemed to think that the late date of cause of action was ok.

 

He didn't seem to know much about the old student loans either and seemed annoyed that neither party had a proper copy of the original agreement. 

 

He has asked me to get legal advice and draft my defence within 28 days and send over, stating why the debt is not recoverable and due. He extended that to 6 weeks due to the surgery I'm having on Friday and said it has to be in by 27/010/21 at 4pm. Something about a small claims final hearing. He also said something about allocation questionnaires. Any idea what they are? Also, Is that date a court hearing date and should I be expecting something in the post?

 

What happens next? Should I be getting a solicitor? Do you know how I should draft a defence? Does this mean the debt is not statute barred or is this just the preliminary to get the set-aside before the real hearing? I feel really confused.

 

[dx100uk]

The fact you were or were not within or outside the payment threshold is immaterial to it being sb'd.

 

Dryden just trying to exploit a judge that confessed to not knowing how the slc loans like any other loan..work.

 

sb is nothing to do with cca1974. Its from the statute of limitations act

 

 

[AndyOrch]

 

[Badgergirl25]

1 hour ago, Andyorch said:

 

 

Is that form to claim back the N244 costs after the defence has been filed or is it about the student loan?

Edited September 15, 2021 by Badgergirl25

[dx100uk]

no its the directions questionnaire.

 

dx

 

[Badgergirl25]

Hi,

 

Sorry for being a pain but I'm not sure what I am supposed to be doing next. I presume it to draft a defence as the judge says. Please correct me if I'm wrong. Have you any good examples on here of a defence? I have looked at a few but they seem to be very much the same as my statement for the set-aside. 

 

Thanks.

[AndyOrch]

You have 6 weeks to draft a defence and file and serve so plenty of time.(27/010/21 at 4pm) If it replicates your statement to set a side so be it but you can add a few more details to pad it out. You will be expected to submit a further witness statement later in the process so hold back the finer details.

 

Complete the DQ I have posted above and file that anytime now. Once that has been submitted the court will send you a Notice of Allocation this will contain further directions and the hearing date and what you must do next to prepare for the hearing.

 

With regards to costs ...your request for costs in the application has been reserved...costs in the case have been reserved that's normal because only the successful party will be able to recover costs and that's not know until the hearing has concluded and judgment determined.

 

Andy

 

 

.

[Badgergirl25]

Hi,

 

I'm slowly recovering from the surgery here but I've had a major setback. I will try to complete the N180 next week.

 

I need your advice in the meantime as I received the attached the General Form of Judgement today in the post. No mention of statute barred, only about the change of address to defend. I'm really scared with all this and it is screwing with my mental health now. 

general form of judgment or order edited.pdf

[honeybee13]

Deep breath, Badgergirl, we'll look after you.   I'm sorry your health is suffering.

 

I'm sure @dx100ukor @Andyorchwill be along soon, but things are always quieter at the weekend. Please bear with us until people are able to get here.

 

HB

[dx100uk]

That's in your favour, it being sb'd will kill the claim cant see the fleecers being able to wriggle out of it nor bother too.

 

Certainly zero to be scared of!!  Your position is very strong.

 

Dx

 

 

 

 

 

[Badgergirl25]

Hi,

 

I have completed the N180. Please could you check? I wasn't sure what the 'In the' and 'Claim No' was - any pointers I would be grateful for.

 

I also received a letter in the post from Drydens asking me to drop the set-aside and make payments with an expenditure form attached as they think it will go in their favour. Please see attached.

 

 

n180 edited.pdf drydens letter October.pdf

[dx100uk]

original ccj number 

your local county court  i think

 

as for drydens a begging letter!

 

it was already statute barred almost a guaranteed win for you coming