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

[Badgergirl25]

Hi again,

 

More setbacks healthwise unfortunately and I 

[dx100uk]

try again...

 

dx

[Badgergirl25]

Hi again,

 

More setbacks health wise unfortunately and I am due back into hospital on 5th November for further breast cancer surgery.  I need to file my defence now and get this over to the courts by 27/10/21.

 

I have had a look at the original witness statement and not sure how to change this to word a good defence. Should I remove all of the waffle and just stick with the statute barred defence or leave as is and add more about it being statute barred?

 

The other thing that worries me is the final line on the set aside where it says it is pending the court's determination at a final hearing as to whether I notified the claimant of my change of address. I have no way of proving this and the more I think about it, the more I am now doubting myself as well. I am also presuming that there will be no telephone/court session on 27th October - please correct me if I am wrong.

 

Please could you let me know the best way of writing my defence? I have looked at others on here for guidance but they are either really short and did not win or totally irrelevant to this case. I have uploaded my original statement to save hunting the thread, please feel free to remove if not needed.

 

Thanks in advance

Statement edited.pdf

[dx100uk]

just file our std SB defence with an added line at the top.....

 

 

my last written and signed acknowledgement of the debt was by way of a deferment form send date xxxxxx directly  to SLC..

 

 1 The Claimant's claim was issued on (insert date).

 2 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.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

 

 

see what @Andyorchthings.

 

short and sweet IMHO.

 

[Badgergirl25]

Any mention of their default notice sent and not received 5.5 yrs after the  default occurred? - Although worryingly the judge seemed to accept that it was not statute barred at the hearing and that the default notice was fine when Drydens defended that statement. 

[dx100uk]

then this one:

 

my last written and signed acknowledgement of the debt was by way of a deferment form send date xxxxxx directly  to SLC..

 

 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment made was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X 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.Therefore 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 true cause of action for breach accrued for the benefit of the Claimant.

 

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

[Badgergirl25]

Hi,

 

Please check my defence - thanks.

 

Should the initial breach say 5½ years or 4½ years (1 year after the deferment was made)?

 

CLAIMANT
ERUDIO STUDENT LOANS LIMITED
– AND –
DEFENDANT
XXX (PREVIOUSLY XXX)
DEFENCE OF XXX
I, xxx of, 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 [approximately and probably no later than] send date of 18/02/2011 directly to Student Loans Company Ltd. 2. The Claimant's claim was issued on 09/11/2020.

3. 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 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 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.

Signed: xxx
Dated: 27/10/2021

 

 

Edited October 17, 2021 by dx100uk
pdf place as txt in post so as to highlight errors..

[dx100uk]

the 1 yrs deferment period is immaterial.

i would remove 

 [approximately and probably no later than] 

 

have you not ordered by the judge to file a defence not a witness statement?

 

no need for the extra bits top/bottom.?

 

 

[Andyorch]

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

[Badgergirl25]

Not sure of actual date of completion and return. Is this ok?

 

Claimant
ERUDIO STUDENT LOANS LIMITED
– and –
Defendant
xxx (previously xxx)

 DEFENCE OF xxx

 

I, xxx of, 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 issued on 09/11/2020.

 

3.     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 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 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.

 

Signed: xxx

 

Dated: 27/10/2021

[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

[Badgergirl25]

Thanks, done.

 

On the judgment at 3. it says

 

...pending the Court's determination at a final hearing as to whether the Defendant had notified the Claimant of her change of address as alleged at paragraph 11 of her statement of 8th September 2021, costs of the application are reserved. 

 

What does this mean? 

[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.

[Badgergirl25]

Oh that doesn't look good then as I have no proof of this. 

 

On the defence, should I mention the original claim that Drydens made on 08/03/2017 that was lifted and stayed which they referred to on their statement?  (#115)

[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. "  ??

[dx100uk]

My bad then from our SB Def txt.

 

Dx

[Badgergirl25]

5 hours ago, Andyorch said:

 

 

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. "  ??

 

Because that claim was the one that the set aside was for. The one that was lifted and stayed only came about when Drydens included it in the paperwork. Apparently it was thrown out and I knew nothing about this until just before the set aside hearing for the backdoor CCJ on 09/11/20. It was mentioned that this could be a 'bugbear'. Is it? I'm really confused now.

[MooseT]

Hello,

I've been reading and following this, but I'm really not understanding some of it.

What are the conditions that make this particular case statue barred?

[dx100uk]

On 17/10/2021 at 15:43, Badgergirl25 said:

1. My last written and signed acknowledgement of the debt was by way of a deferment form [approximately and probably no later than] send date of 18/02/2011 directly to Student Loans Company Ltd. 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 ?

[Badgergirl25]

No, it is the same claim number, I've just looked in the hearing bundle Drydens sent.

[Badgergirl25]

Is this looking like it is NOT statute barred after all then?

 

If so, should I scrap the defence and complete the Tomlin order (begging letter) and expenditure list from Drydens to save getting the additional costs put against me as well as the original amount? 

[dx100uk]

why ofcourse its sb'd!!

 

dx

[dx100uk]

It is sb'd what are you going on about...

 

You sent last deferment 11/02/2011.

Claim issued 08/03/2017......more than 6yrs apart 

 

Dx

[Badgergirl25]

Not sure of the actual date in February it was sent, probably the 18th as would have been the friday after receiving it.

Please check amended defence below...

 

Claimant
ERUDIO STUDENT LOANS LIMITED
– and –
Defendant
xxx (previously xxx)

DEFENCE OF xxx

 

I, xxx of 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 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).

 

3.     The stay was lifted on 09/11/2020 resulting in a County Court Judgment, which I became aware of on 22^nd January 2021.

 

4.     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 1 year + 5½ years and then 6 years + 5½ years 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.

 

5.     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. 

 

6.     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