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Backdoor Erudio CCJ - old Student Loans


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Update:

 

Northampton CC threw the original N244 back to me last week and I had to amend it, leaving questions 4 to 9a blank and pay £255 over the phone before sending back to them via email.

 

Today I receive the following from Drydens...

 

Dear Madam

 

I write with reference to the above matter and further to the application to set-aside Judgment filed with the Court.

 

I note that within your application, you state that you informed the Student Loans Company (‘SLC’) of your change in address in 2011.

 

So we can make further investigations, kindly provide proof that you informed the SLC of your change in address.

 

I look forward to hearing from you in due course.

 

Kind regards

 

Steven Redman
Technical Litigation Officer
drydensfairfax solicitors
Email [email protected]
Direct line +44 (0)113 327 8617
Fax +44 (0)113 823 3898

 

I have no proof of this as it would have just been put in the work post and Student Loans ignored the SAR request I sent earlier this year. Do I respond to the email? Or do I ignore and let the court deal with it. It is so long ago now that all I can remember is that I wrote a list and posted a generic change of address note to loads of places.

 

I've literally just got back from the hospital today for further breast cancer tests and a biopsy and I can hardly think back to last week, let alone ten years ago. How should I proceed?

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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.:classic_mellow:

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as for drydens....

as for the address issue makes no odds , the debt was already sb'd at time of claimform issuance , what address it was served too is immaterial.

ignore them.

 

dx

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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Thanks. I will ignore the email and any further correspondence, if any, from them.

 

Postie just came and delivered a 'Notice of Transfer of Proceedings' to a neighbouring town. I hope they do phone as it is a pig to get to and my local County Court is now a pub!

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  • 2 weeks later...

UPDATE:

 

I've just received a 'Notice of Hearing Application' for a telephone hearing on 02/08/21. The letter mentions a copy of the set-aside application is attached but there was nothing attached. I presume that would have been a copy of the n244 that I sent to them.

 

It also says... as well as any documents that I intend to rely on or refer to at the hearing need to be filed by email to the court and the other party not less than one clear day in advance of the hearing (unless an existing order states to the contrary in which case the other order prevails)  

 

I do have the last deferment letter from 2011, should I send it?  I can't send them proof of informing them of address change as I have not got any. 

 

I have no idea what to expect in the court hearing, any advice would be welcome as I'm absolutely scared stiff and worried I will say the wrong thing. The cancer biopsies are not looking promising either and I'm currently undergoing further tests so it's really hard to stay positive atm :-(

 

 

notice of hearing application edited.pdf

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plenty of time to research and calm down.

nothing much to do until the end of june.

 

 

  • Thanks 1

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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  • 4 weeks later...

Hi,

 

I've not been able to research anything and have some pretty crappy news. The results came back and the surgeon says it's breast cancer and I'm having surgery on 16th July. I don't know at this stage what treatment will follow yet, whether it will be none, radiation, chemo, further surgery or all. That will all depend on what they find and if it has spread. The surgeon thinks it is quite early cancer and it should be treatable.

 

The hearing is just over two weeks after the day of surgery and I've not prepared anything. I have no idea if I need to send the court anything, as I don't really have anything to send them except the last deferment letter. I am still ignoring Drydens' requests to send them proof of me letting SLC know of address change which I don't have.

 

Is there I need to do before I go into hospital as I've been told that I won't be able to do much for a week or so afterwards? Any help would be appreciated as my head is like fog at the moment.

 

Thanks

 

 

 

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On 15/02/2021 at 16:54, Badgergirl25 said:

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.

which is utter BS.

 

your deferment copy from 2011

anything from SLC backing that up.

 

and ofcourse your costs out of them for the N244 fee and damage to your credit reputation since CCJ being registered.

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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  • 3 weeks later...

Hi,

 

Should I send a copy of the SLC statements PDF that Drydens sent to me? It looks to me like it shows when the actual cause of action occurred (a year after the defer in May 2012) in the form of a two charges. I may be wrong though. Please could you advise? Thanks

 

 

 

SLC statements .pdf

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On 25/01/2021 at 20:23, Badgergirl25 said:

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

 

you will need to include and refer to the above

 

the statement charges mean nothing , that does not reset any SB clock.

the statements show no payments made by you.

 

The Default Notice was issued dd/mm/yyyy and served several years and months after the initial breach thus the cause of action delayed by X years and  months and the Limitations period prolonged to 6 years and x years + 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.

 

 

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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