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

[AndyOrch]

Then simply submit the standard statute barred defence....but it must sate the the correct date the claim was issued " 08/03/2017 "

[AndyOrch]

The default notice was served 11½ years after the initial breach ? 

 

 

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[AndyOrch]

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The Default Notice was issued 13/10/2016 and served over 5½ years after the initial breach thus the cause of action delayed by 5½ years and the Limitations period prolonged to 6 years + 5½ years 

 

Then just state 5 years 6 months..the above reads as 11½ years.

 

 

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[AndyOrch]

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and the Limitations period prolonged to 6 years + 5 years 7 months

That equates to 11 years and 7 months ...the limitation period has not been extended if the breach or deferment was dated February 2011.

Default Notice issued 13/10/2016...its within the 6 years and the claim was issued  08/03/2017...its all within 6 years ?

[AndyOrch]

Wait until DX pops in and he can clarify why its statute barred....although I agree with the above claimant's stance that it cant be although I assume they stating you didn't defer is a myth as you maintain your last deferment was dated Feb 2011.

[AndyOrch]

So your deferment made Feb 2011, which lasts for 12 months...did you make any further deferments up until the default notice dated 13th Oct 2016 ?

[AndyOrch]

 

[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.

[AndyOrch]

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

[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

 

 

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[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

[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.

[AndyOrch]

[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.

[AndyOrch]