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

[AndyOrch]

Strange unless they are awaiting your signature on the consent order before sending you a copy of the N279 perhaps give them a ring and clarify. Take a copy of the consent order before returning it.

 

A discontinued claim can possibly be reissued but its very rare.

 

Andy

[Badgergirl25]

Hi again,

 

I'm a bit nervous of calling them on the phone as other times have not gone well so I have posed the question on email. I will put a hard copy in the post today as well. I am about to send the following: -

 

Dear Sir,

Thank you for your email. Please find the Consent Order attached. I will also put a hard copy in the post. Are you able to issue and send a copy of the N279 over to me?

Kind regards,

 

 

* Thank you dx100uk and Andyorch and for all of your help. I will get a donation over to CAG very soon as I couldn't have done this without you both

 

 

 

[AndyOrch]

Yes that's fine....its simply to safeguard you in that they are going to discontinue and inform the court same. Until you have a copy of the NOD N279 you must still go a head and file your statement on time.

 

You must do all the checking as the court will not inform you the claim has been discontinued...also check that with the court that the Consent Order has been filed and sealed by the court.

[dx100uk]

On 15/02/2021 at 16:54, Badgergirl25 said:

I received this today from Dryden with a load of pdfs of letters sent to me. Do you need me to upload the pdfs? 

 

 

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 a student loan account, is exempt from the Limitation Act section 5. 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

 

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

 

they lost almost a year ago, but like the fleecers and charlatans they are, forced you to waste £255 on a set aside fee.

 

however, like all these Erudio backdoor CCJ's, that they knew were SB'd upon issuance they just cant resist trying to continue to scam punters for  free money for their staff holidays.

 

Well done CAG.

 

Dx

[Badgergirl25]

Thanks for the heads up

 

Is the statement ok as is or does it need tweaking?...just in case as I don't trust Drydens one bit! It may have bits missing or parts to be removed and I would like it perfect and ready to send if they decide to pull a fast one.

 

Thanks again

 

 

[Badgergirl25]

Another update.....

 

Dear Madam

 

Please see attached as required.

 

I have countersigned the consent order and forwarded to the Court for their approval.

 

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

 

 

Notice of Discontinuance REDACTED.pdf

[AndyOrch]

[Badgergirl25]

I have just spoken to the County Court and they have still not received the Notice of Discontinuance from Drydens. Apparently the NOD couldn't be read or printed by the court so Drydens assured me that it had been put in the post. The court have rechecked their post and have they asked me to contact them Drydens directly which I have just done.

 

Everything is business as usual with the court and they have said that the  witness statement needs to still be filed by 4pm tomorrow, which unfortunately is the day of my son's funeral. I have been asked to send this over today as I am unable to tomorrow.

 

Please could somebody check that the statement is ok to send?

 

Thanks

Witness statement - Defendant REDACTED.pdf

 

From Drydens last week...

 

Good afternoon

 

I can confirm, that the Consent Order and Notice of Discontinuance was sent to the Court via email on 10 January 2022.

 

The Court advised that they were unable to print the documents and asked that they be resent by alternative means.

 

As such, we printed and posted the same and this was forwarded to the Court on 10 January 2022.

 

I would imagine that they will receive the same and action mid next week.

 

I trust this is of assistance.

Edited January 20, 2022 by dx100uk
Format

[AndyOrch]

Its okay will serve the purpose of submitting on time.....have you not copies of the NOD and Consent Order ?  perhaps send them to the court if you have.

[Badgergirl25]

Thanks Andyorch,

 

I will file the witness statement as is today so that it is done on time and attach the NOD and Consent Order as well. 

 

I have just received the following which I have replied to and awaiting their call...

 

Thank you for your email.

 

I appreciate your apprehension in wanting to get the matter sorted, however, the letters were only sent to the Court 10 days ago.

 

From dealing with the Courts every day, it will take them at least another few weeks to action any correspondence sent to them.

 

We have agreed a Consent Order whereby the Claim is going to be dismissed and also filed a Notice of Discontinuance.

 

The Claimant have absolutely no intention of continuing proceedings, and if they did, you have a signed Consent Order and Notice of Discontinuance showing that an agreement has been reached whereby proceedings have been dismissed.

 

I hope this is of some assistance, however, if you forward me your telephone number, I will call you to discuss further.

[AndyOrch]