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Backdoor Erudio CCJ - old Student Loans


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Thanks. Should I send word for word as before? 

 

Quick question for 15 days time, is it definitely SBd and will the judge see it as such?

Drydens keep arguing about this Erudio lot sending a DN 5 years after the last deferral to my old name and address resets the clock. Has anyone won yet? 

 

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why don't you email back asking for an update?   dx  

under the rules that would have been in-place from the Information Commissioners office for that time  a default notice should be issues within 3-6mts of its cause of action, that would be your l

the claimant would be 'erudio student loans' only, not slc too   3.Set aside, pursuant to CPR 13.3, a default backdoor judgement (CCJ Number) gained by the claimant, a debt buyer, on DD/MM/Y

sadly very few people bother to comeback and tell us!!!

 

i'd add.

 

i shall be filing my N244 on day 15 from the date of this letter..(adapt the dates below)

 

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

 

 2.The date of my last written deferment was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/2017 and served three years after the initial breach thus the cause of action delayed by 3 years and the Limitations period prolonged to 6 years + 3 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.Therefore the Defendant contends that the Claimant's claim so issued was a claim in contract and was statute barred pursuant to the provisions of section 5 of the limitation act 1980.  in excess of 6 years had elapsed since the date on which any true cause of action for breach had accrued to the benefit of the Claimant.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thats the defence you would have filed had they not scammed you by purposefully getting a backdoor ccj to an old address, when 1 min free search of your credit file they could have found your correct address for the date they filed the claim, 

 

and thats what you will put on your N244

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes slightly adapted now. and just fill in the correct dates / time in years etc

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please could you check before I press send?  I've still heard nothing back from SLC about the SAR though and that was send months ago, just the statements that the fleecers sent to me. Should I remove that part? Although I do still have the original document from 2011.

 

Thanks in advance..

 

 

Good evening,

Having sought information provided by the ICO Information Commissioners Office, my last contact with anyone, which is contained in an SAR from and confirmed by, the SLC in writing, was by a deferment directly to them in 2011.

The issuance of a default notice by yourselves as a debt buyer and not from the original creditor, some five years+ after my last 'acknowledgement', is totally immaterial and does not reset any statute barred clock.

It was also pointed out to me that both yourself, working for Drydens and your Client Erudio are part of the Arrows Group, and that the Arrows Group attained some kind of landmark appeal some years previous that might have deemed that any statute barred date is measured by adding 14 days to the issuance date of a default notice. This, however, is not retrospective and does not apply in my case being 2011.

I give you 14 days from the date of this email to remove, by whatever method you wish to employ, as long as this is free of charge to me, the CCJ number xxxxxxx you unlawfully gained by default judgement on date 09/11/2020, as the debt was already statute barred.

Should you fail to do so I will, without further notice, issue a set aside and will be seeking financial compensation for the damage done to my credit worthiness and the set aside issuance fee.

I shall be filing my N244 on day 15 from the date of this letter

1. The Claimant's claim was issued on 09/11/2020.

2. The date of my last written deferment was the 22/03/2011

3. The Default Notice was issued 09/11/2016 and served over five years after the initial breach thus the cause of action delayed by over 5 years and the Limitations Period prolonged to 6 years + 5+ 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. Therefore the Defendant contends that the Claimant's claim so issued was a claim in contract and was statute barred pursuant to the provisions of section 5 of the limitation act 1980. In excess of 6 years had elapsed since the date on which any true cause of action for breach had accrued to the benefit of the Claimant.

Kind regards,

 

xxxxxxxx

 

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:rockon:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

They have now given a different date of default that was sent to my previous address, only days different though, still over 5 years since last contact with SLC. Is there a legal limit of days/months when the default can be sent after the default has actually occurred or can they legally wait that long to restart the SB clock? 

 

Am I going to be throwing good money at bad when I do the N224? I'm getting really stressed and anxious over this as they seem to be very sure of themselves and obviously still laughing at me.

 

I'm also selling loads of my stuff on eBay to raise funds for the remainder of the set aside fee to pay in under a couple of weeks time and don't want it all to be for nothing. 

 

--------------------------------------------------------------------------

Good morning

 

Thank you for your email, the contents are noted.

 

Please find attached a copy of the Default Notice and Termination Notice issued by our client to you previously, you will note the date of the Default Notice is in fact 13 October 2016 and not 9 November 2016 as stipulated in our email correspondence below, our client provided the incorrect date for our records but this has now been rectified due to receipt of the attached copy documentation.

 

We are awaiting further copy documentation from our client, specifically a statement of account and will forward this upon receipt.

 

Kind Regards

 

Sarah Gledhill
Officer
drydensfairfax solicitors
Direct line +44 (0)113 823 3443
Fax +44 (0)113 823 3898

86195997_Term 11.11.16 edited.pdf 86195997_NOD 13.10.16 edited.pdf

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under the rules that would have been in-place from the Information Commissioners office for that time 

a default notice should be issues within 3-6mts of its cause of action, that would be your last deferment date + it's 1 yrs time it covers you for.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...

launch your N244 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I previously downloaded the form.

Are there any examples of how I should correctly fill in the boxes?

There are loads of parts that I don't understand on it even though I have read the guidance notes over and over.

 

Where does the form go to?

Also, does the hearing have be done over the phone or do I have to travel to Northampton or will it be a local court? How do I pay?

I've no idea what I am doing, sorry. 

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Posted (edited)

Hi,

 

Please could you check the form has been completed correctly? Any help would be appreciated and I don't want to mess this up. 

 

Thanks

 

n244 edited.pdf

Edited by Badgergirl25
left personal details on upload
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the claimant would be 'erudio student loans' only, not slc too

 

3.Set aside, pursuant to CPR 13.3, a default backdoor judgement (CCJ Number) gained by the claimant, a debt buyer, on DD/MM/YYY.

The original Creditor, the Student Loans Company were informed in writing of my correct address in Oct 2011, the Claimant chose to use an earlier address when filing the Claim. The Loan in question was already statute barred at issuance of the claim.

 

 

10

 

3.The date of my last written acknowledgement was by a deferment form to the original creditors SLC dated 22/03/2011.

 

A default Notice was issued by the Claimant date and served...etc

 

drop 8+9

 

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

 

Andy

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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also the 'backdoor' and the 'debt buyer'? I've removed them and I think good to go now.

 

Is it ok to leave the questions blank that I don't know the answer to i'e' court hearings and times, etc.?

 

I presume I send this off to Northants and then just sit and wait. Please correct me if I am wrong.

n244 edited.pdf

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

6.30mins

8.District Judge

9./9a Claimant/address

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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