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

[Badgergirl25]

Name of the Claimant ? Erudio

 

Date of issue – top right hand corner of the claim form – 07/10/2020 (estimated from date of CCJ as no copy held at Northants CC

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1. THE CLAIM IS FOR THE SUM OF £4,685.84 IN RESPECT OF MONIES OWING BY THE DEFENDANT ON A CREDIT AGREEMENT HELD BY THE DEFENDANT WITH STUDENT LOANS COMPANY UNDER ACCOUNT NUMBER .....68 UPON WHICH THE DEFENDANT FAILED TO MAINTAIN PAYMENTS.

 

2. A DEFAULT NOTICE WAS SERVED UPON THE DEFENDANT AND HAS NOT BEEN COMPLIED WITH.

 

3. THE BALANCE OWED WAS ASSIGNED FROM STUDENT LOANS COMPANY TO THE CLAIMANT, AND THE DEFENDANT HAS BEEN NOTIFIED OF THE ASSIGNMENT BY LETTER. CONTACT DRYDENSFAIRFAX SOLICITORS ON 0113 823 3402

 

What is the total value of the claim? £4,685.84

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? no
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes
 

Did you inform the claimant of your change of address? yes
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? yes
 

When did you enter into the original agreement before or after April 2007 ? Before

Do you recall how you entered into the agreement...On line /In branch/By post ? At college
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no
 

Did you receive a Default Notice from the original creditor? no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no
 

Why did you cease payments? no notifications sent after moving house
 

What was the date of your last payment? last differed on 22/03/2011  

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

[dx100uk]

well once you can prove you did not defer within 6 yrs then the debt was already statute barred upon claimform issue

you could wait for the SAR

you could phone drydens and demand they set aside the CCJ by mutual consent FOC to you.

 

i expect they'll tell you the usual BS that a default registered by erudio within the last 6 is when SB runs from but thats complete BS as said.

 

 

[Badgergirl25]

I have the last ever deferment acknowledgement letter from SL ever made and received if that helps. 

 

Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long.

[dx100uk]

ideally we like to get these fleecing DCA's on the hop when threatened with a set aside and N244 fee payment clawback , some do when confronted immediately do it FOC there and then. but as you've already phoned you might have tipped them off, but then you had no idea when you were talking about now you do.

 

your call

 

dob't forget also the damage done to your credit reputation by them raising the claim on an SB debt when they know they shouldn't.

 

just remember, if you read a good few erudio threads here, they only went for the CCJ as they knew they'd get a guaranteed backdoor one

if you'd known about it and defended they would have run away as they always do on these SB'd SLC loan 

[Badgergirl25]

I’ve spoken to Drydens who refuse to admit that the loan is SB’d and refused to set aside thexpected. I expected this as you did say they would probably lie on the phone or give excuses.

 

 The reason they gave was that they wrote to me in 2017 to my old address. They also said that after my call last week that they have sent a query to Erudio. I have recorded it all

 

. I have asked for them to send me details in writing as to why they think the debt is not SB’d and why they will not set aside the CCJ as I asked.

 

I have also said that if I have to file an N224 myself that I will be claiming the fee back from them.

 

What next?

[dx100uk]

Them writing to you anywhere doesn't reset the sb clock!!

 

Do you mean they say they sent the default notice there and sb runs from the dn date so they say its not thus sb'd?

 

 

[Badgergirl25]

All they said was that said they sent letters to the last current address on file. Nothing as to what was in the letters.

 

Have I screwed up here?

[dx100uk]

Nope

[Badgergirl25]

Oh thank god for that. I’m going to pieces here. 
 

Does this mean that because they wrote to me at my old address back in 2017 that the debt is not statute barred?

I’m really confused now.

 

I’ve not given any acknowledgement, written or otherwise, of the debt to anybody since 2011 and only spoken to anyone these last couple of weeks when I got a text from Drydens and found out about the CCJ

[dx100uk]

already answered that...but it should have said doesn't...sorry..

 

 

[Will Goodfellow]

Check if you're eligible for help paying the set-aside fee, you might not have to pay:

 

https://www.gov.uk/get-help-with-court-fees

[Badgergirl25]

Thanks for that. I've had a look and I am just over the limit for help. I do have my grandson living here and home schooling during lockdown but I don't think I can add count him as it is temporary until he can go back to school again.

 

Not sure if you need it posted on here but email received today. No mention of my demand for the CCJ to be set aside....

 

Good morning xxx

 

Following your discussion with our office on 22 January 2021, I confirm that I am looking into your query raised and will be contacting our client for further documentation in order to look into the points you have raised further.

 

I will refer back to you once I have received a response from my client.

 

Kind regards

 

Shaun Conway
Litigation Officer
drydensfairfax solicitors
Email [email protected]


Website www.drydensfairfax.com

[dx100uk]

and how did they get your email address?

[Will Goodfellow]

Where creditors agree to a set-aside application, it's called a consent order, the creditor does not have to agree to it, and all it does is reduce the application fee from £255 to £100. There is still no guarantee a judge will set-aside the CCJ with a consent order or not. You might end up paying £255 and the judge denies the application.

[Badgergirl25]

Like an idiot I gave the email address before coming on here when they originally text me

[dx100uk]

ok well we might cut off that method of comms should this get silly and they do force this into court .

lets see what comes forward for now.

 

[Badgergirl25]

It's an account I don't use much. Should I get rid of it?

[dx100uk]

no let things run for now.

IMHO yours is not the next move.

 

dx

 

[Badgergirl25]

I will sit tight for now. Gosh, its all so damn stressful.

I am also really shocked, after you said to look on the forum at how many others are in the same situation, too.

Thank you for all the help you have given me so far, and others.

[dx100uk]

DCA's are scammers sadly 99.9% fall for their mantra.

 

dx

 

[Badgergirl25]

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

[dx100uk]

27 minutes ago, Badgergirl25 said:

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

 

that is total BS

 

yes please on the PDF but redact properly first

the date of any DN if issued numerous years after last deferment is not the correct SB date 

 

dx

[Badgergirl25]

Hi,

 

Yes, I know that now, as you pointed out at the beginning, and thank you as I was pretty unknowledgeable about this before your help. I also know that the date of 9th of December 2016 is NOT the date I defaulted as no correspondence/deferments were made since 2011. How are they allowed to lie like this and what steps do I take next? 

Even though I know it is BS, I am sat here shaking with worry!

I guess that is what those bullies try to achieve at the end of the day.

[dx100uk]

documents please...

nothing to be shaking about, what is making you do that...

[dx100uk]

i placed your binder 1 file in your last post 

but it's TOTALLY unredacted!!

so now hidden but Siteteam can see it

 

we have to protect your ANON status under GDPR rules.

 

you must redact every page!!