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

[Badgergirl25]

Hi,

 

I'm not sure whether or not my defence is ready to send as I have so many different versions and time is running out. I am concerned that Default Notice line has been slightly changed from the CAG template and not sure of how this should read now. Please could you take a look?

 

As the statement was emailed to the courts, I am presuming that the defence can be emailed as well under the same case/reference number. Should I attach the last deferment letters to the pdf or leave them out as they were already sent with the statement prior to the set aside?

 

 

Claimant
ERUDIO STUDENT LOANS LIMITED
 – and –
 Defendant
xxx (previously xx
 DEFENCE OF xxx

 

I, xxx, being the Defendant in this case will state as follows;

 

1.     My last written and signed acknowledgement of the debt was by way of a deferment form send date of February 2011 directly to Student Loans Company Ltd.

 

2.     The Claimant's claim was served over 6 years from the last written acknowledgment of the debt on 08/03/2017.

 

3.     The Default Notice was issued 13/10/2016 and served over 5 years 7 months after the initial breach thus the cause of action delayed by over 5 years 7 months and the Limitations Period prolonged to 11 years 7 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.     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. 

 

5.     The Claimant's claim to be entitled to payment of £4707.84 or any other sum, or relief of any kind is denied.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed: xxx

  

Dated: 27/10/2021

[dx100uk]

1 hour ago, Badgergirl25 said:

 

2.     The Claimant's claim was served over 6 years from the last written acknowledgment of the debt on 08/03/2017

 

    The Claimant's claim was issued on 08/03/2017 some +6yrs from the last written acknowledgment of the debt in February 2011 by the defendant

 

you do not need to inc any evidence AFAIK

 

dx

 

[Badgergirl25]

I'm just about to email over the defence to the court, do I need to send over the N180 completed previously with this, or is this for a later date? Also, should a hard copy be sent in the post to the court?

[dx100uk]

n180 whats that goto to do with filing a defence ?

 

what email are you using for the court submittance?

 

 

 

[Badgergirl25]

I was going to use the e-filing address as was used for the statement (for the set-aside)

[dx100uk]

i believe thats ok not too sure

 

dx

[Badgergirl25]

Hi,

 

I received a 'Notice of Proposed Allocation to the Small Claims Track' now that I've defended the claim. It says to send the N180 to the local County Court and also says to serve copies on all other parties. I'm just about to post the signed court copy to them with recorded delivery. Can I email Dryden's their copy or does that have to be sent in the post as well?

 

Thanks in advance.

[AndyOrch]

 

[Badgergirl25]

Thanks, I've already filled in this form a while back and had it ready to send, but not sure whether or not the copy to Drydens can be emailed instead of posting to save on postage 

[AndyOrch]

Have they used email at anytime to you ? If so yes...if not ring them and ask is it okay and will they accept electronic submission.

[Badgergirl25]

Yes, everything from Drydens has been via email (except the latest begging letter) so will email them then at the same address. Thanks

[AndyOrch]

no need to sign their copy of the DQ or put contact details    its for info only.

[Badgergirl25]

Hi,

 

This is the latest from Drydens...

 

Dear Madam

 

Please see attached the Claimant’s N180 as required.

 

Whilst we believe that the outstanding debt is due and owing, and are prepared to proceed to the Small Claims Hearing, we are prepared to work with you in order to reach an amicable solution away from the Court.

 

We invite you to make an offer of payment, which if accepted can be agreed by way of a Tomlin Order. this is a formal agreement which ensures Judgment is not obtained so long as payments are made and maintained. This will also save further time and costs for all parties.

 

Should you be interested in taking this route, please contact us by return.

 

Kind regards

 

Before they were insisting I owed them money, they now seem to be open to offers.  Is this normal that they are now trying to go for mediation,  knowing that I refused mediation on my N180? 

N180 drydens redacted.pdf

[dx100uk]

Yep quite std for drydens ..same in just about every erudio claimform threads already here

 

DX

[Badgergirl25]

UPDATE:

 

Received 'Notice of allocation to small claims (hearing)' on Friday. Could somebody explain 4. please?

 

 

notice of allocation to the small claims track (hearing) REDACTED.pdf

[dx100uk]

the debt is statute barred.

no to mediation.

 

[Badgergirl25]

Referring to paragraph 6...

'By 7th January 2022 the DEFENDANT must Send to the Court and to the CLAIMANT copies of all documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. The DEFENDANT MUST bring the originals of those documents to the final hearing.'

Please could you tell me what the court is expecting me to send? I presume this will include the last deferment request and also the last deferment acknowledgment received.  Is there anything else?

 

Thanks

[dx100uk]

Anything the you hold or intend to rely upon to prove your claim of the debt is statute barred.

 

Though,legally, its not for you to prove it is, its for the claimant to prove its nor.

 

But this is fleecing erudio you are dealing with.

 

Dx

[Badgergirl25]

Thanks DX. The only documents I have are the last deferment request and the last deferment acknowledgment received. I can't think of anything else. I will get these prepared.

[Badgergirl25]

I received this from Drydens, where he reasserts that the statute barred date runs from the default notice date and not the date of the last deferment. Can you clarify?response to defence dec REDACTED.pdf

[dx100uk]

as they always do.

 

in just about every recent drydens threads where slc and statute barring is mentioned/used.

 

its simply because their masters arrows got a appeal court ruling in about 2015 that they think resets everything on every debt with regard to SB date and DN date, it doesnt. there have been zero losses concerning that ruling in any threads since.

[Badgergirl25]

Hi,

 

Please could you check my witness statement?

 

A week before Christmas my son was knocked down and killed by a taxi driver whilst crossing a road. He is being charged with death by dangerous driving. I have had my radiotherapy treatment put back a month and put on strong medication. The court has been informed by my cancer nurse to postpone this case as I am not in a good way right now. I have received a letter dated last month from the court that the judge may consider an extension to file my documents but not heard anything yet.

 

I managed to file the two deferment letters (to rely on) with the court as I had already prepared ahead of this. My problem now is the witness statement. I thought it had to be filed in February but it has to be done by 21st January which is the same day as my son's funeral. 

 

I have managed to knock up a witness statement today but I am not sure it it is any good as to be honest my mind is not really with it. I would like to get this in within the next day or two so I can get on with funeral arrangements and the legal stuff that has been thrown my way concerning the accident. It is all a bit too much right now to deal with and I feel I need to get this done and dusted to enable me to grieve and get myself through the funeral, as well enough for the next lot of treatment. 

 

If you could have a look at the statement and throw me a few pointers I would be so grateful. I don't want to give up with this and let those bastards win! 

Witness statement - Defendant REDACTED.pdf

[Badgergirl25]

UPDATE THIS MORNING

 

I received a consent order - can someone explain?

 

Thanks

Proposed Consent Order REDACTED.pdf

 

 

The emails says...

 

Dear Madam

 

We refer to the above matter and ongoing legal proceedings.

 

In an effort to save further costs and time for all parties, the Claimant are prepared to discontinue the ongoing legal proceedings.

 

As such, we ask that you sign and return the attached Consent Order as soon as possible so we may lodge the same at the Court and bring the matter to a close.

 

Please sign and return by 4pm on 12 January 2022.

 

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

 

[AndyOrch]

Please accept our deepest condolences Badgergirl.

 

The Consent Order means the claimant has discontinued the claim...sign the consent order and return it and that's the end of the claim.

 

Have they not attached a NOD (Notice of Discontinuance) N279 ?

 

Well done and topic tile updated.

 

Andy

 

 

.

[Badgergirl25]

Hi,

 

So that will be the end of it all?

 

No NOD though.

 

If this is the end of it and it won't be reopened?