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

[AndyOrch]

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

 

Andy

[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.

[AndyOrch]

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

6.30mins

8.District Judge

9./9a Claimant/address

[AndyOrch]

Thats fine

[AndyOrch]

Quote

 I had to amend it, leaving questions 4 to 9a blank and pay £255 over the phone before sending back to them via email.

 

 They don't want you trying to get out of having to pay a full hearing fee....even though you wont get one it will be by telephone. Normally they would return your application if you had not completed 4 -9a saying your application was incomplete.

[AndyOrch]

Responding to your Pm Re Statement.

 

Normally when making an application to set a side you would include your statement and evidence and attach to the N244.In this instance you have only completed reason and order requested within your application and not attached any evidence in support.

 

The court has notified you of the hearing and given directions on how and when to submit further evidence in preparation for said hearing.

You have uploaded a copy of the claimants response (statement) to your application.

 

Hearing Bundle-1 edited.pdf

 

Its your choice if you wish to submit further evidence by way of a statement, looking at your application it will probably be prudent to expand as there is very little space on the N244 to actually construct a full statement.

 

n244 edited.pdf

 

Compiling a statement in response is fairly straight forward using the claimants above as a guide. You are simply agreeing or refuting or adding to the points made and you should follow the chronological order the claimant as set out.

 

There is an example statement in the following topic which I have drafted previously for another user in connection to an application to lift a stay by the claimant in that topic. Look at its format and content and have a go at drafting your statement. Post it here and I will check it and finalise it before submission.

 

IN THE (1).pdf

 

Regards

 

Andy

 

 

[AndyOrch]

That's fine...its in your own words and covers the whole matter succinctly ....just a couple of points to address

 

At 10 you state " When I disagreed that this loan was exempt from the limitation act and was going to apply for a set-aside."

 

What do you mean by " was exempt from the limitation act " ?

 

And also your statement of truth is out of date the correct version is below.

 

 “I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

[AndyOrch]

Strange...I wonder if they are getting confused with the following guidance or simply they mean its not statute barred because xyz ...not that its exempt.?

 

DMBM595080 - Debt Management and Banking Manual - HMRC internal manual - GOV.UK

WWW.GOV.UK

---

Our debt management and banking processes incorporates material covered in the Recovery Manual and the Banking & Accounting Guide (BAAG)

 

Other debts that are not tax, for example

• contract settlements
• tax credit overpayments
• Child benefit overpayments
• National Insurance Contributions
• Statutory payment recoveries (Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay)
• overpaid Child Trust Fund contributions
• Student Loan repayments and
• National Minimum Wage Act penalties

are subject to the Limitation Act, and action must be taken within six years “from the date on which the cause of action accrued”

[AndyOrch]

Either way point 10 requires attention as its confusing.

 

10. On 16/02/21 I made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 7 and 8. They replied back saying they were waiting for further documentation I therefore delayed making application and waited for receipt of the documentation. I made a further written request on 16/04/21 after contacting the Claimant again and being told that they were still awaiting documentation.

 

The claimant had previously stated within their response dated xxxxx that this loan was exempt from the limitation act which of course is nonsense in an attempt to confuse me and delay me in making an application to set-a side. Again I was told they were awaiting documentation on 29/01/21 and 19/02/21, and again after asking for updates, on 29/03/21 and 14/04/21.

[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.

[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.

 

 

 

.

 

 

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[AndyOrch]

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

[AndyOrch]

Do two separate emails..>Court signed copy.

Drydens ..> printed copy.

 

[AndyOrch]

 

[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

 

 

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[AndyOrch]

It s a manual defence submission DX it must contain the headers and statement of truth.

[AndyOrch]

Amend your statement of truth as its not a witness statement at this stage...finish it simply with  .....

 

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

 

Sign 

 

Date

[AndyOrch]

Subject to that one point if its proved that the claimant was notified of a change of address...then the court will allow your claim for costs of your application .....assuming you have success.....IE the court dismissed their claim.

[AndyOrch]

That's why its so important to maintain a paper trail of all correspondence. Like wise they have to prove that you didn't inform them so the burden of proof should not fall completely on the defendant.

 

As for adding the fact that the claim was initially issued on 08/03/2017 and a stay was imposed and lifted then that should be stated at your point 2.I don't know why you have stated "  2.  The Claimant's claim was issued on 09/11/2020. "  ??

[AndyOrch]

Okay well I'm still not really following it.....as long as the second claim has a different claim number.

 

So first claim, number xxxxxxxxx was issued 08/03/2017  and the defence you are submitting now is claim number xxxxxxx issued on 09/11/20 ?

[AndyOrch]

Quote

2.     The Claimant's first claim was served over 6 years from the last written acknowledgment of the debt on 08/03/2017. This was lifted and stayed as it didn’t meet compliance guidelines within the Consumer Credit Act (1974).

 

There is only one claim...no first claim. " The claim was stayed as it didn’t meet compliance guidelines within the Consumer Credit Act (1974)."

 

 

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[AndyOrch]

A claim cant be lifted and stayed.....makes no sense...it can be stayed and an application was made to lift the stay on x date.

What does  " as it didn’t meet compliance guidelines within the Consumer Credit Act (1974)."  mean exactly as Im sure a judge would also ask the same point ?

 

 

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[AndyOrch]

So that's their reason for letting the claim become stayed...whilst they corrected the errors in the paperwork to meet the compliance guidlines.

Its not really something you can use to your advantage or be part of a defence.

 

Quote

this was when we first got knowledge of the earlier claim that I posted on here a while back.

 

Your comment above really concerns me in that you still do not understand the process of issuing a court claim...so again there is only one claim ...no earlier claims no secondary claims...one claim that was stayed then lifted then judgment applied for and then set a side.

 

One claim one claim number.

[AndyOrch]

So which way are you defending this...is it statute barred given the issuance date was 2017?

[AndyOrch]

Well I will let DX comment on whether its statue barred or not ...I really only came in to make sure your defence was written correctly and that you understand the procedure and that there were not previous claims.