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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.

 

 

  • Like 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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Share on other sites

After coming out of hospital I emailed the court to postpone the hearing but I have not heard anything back so I am presuming the original date still stands. Should I contact the court about this? I'm still really poorly and in a lot of pain but quite frankly I just want this over with now. 

 

I have two deferment letters one requesting and one granted, should I send both or just the deferment granted? 

 

I received a hearing bundle today from Drydens and attached. What should I expect from the case on the day?

Hearing Bundle-1 edited.pdf SLA student loan deferment granted 22 03 11 edited.pdf

 

4 hours ago, Badgergirl25 said:

After coming out of hospital I emailed the court to postpone the hearing but I have not heard anything back so I am presuming the original date still stands. Should I contact the court about this? I'm still really poorly and in a lot of pain but quite frankly I just want this over with now. 

 

Oh typical, the court has just got back me and relisted for 15th September!

 

 

 

Oops, sorry. I missed that one. Please see the new replacement upload.SLA student loan deferment requested 12 02 11 edited.pdf

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hart and doyle are both not retrospective and i'm sure @Andyorch will help with your statement that needs to be filed 7days? before the set aside hearing?

 

your last PDF has you name showing

post up a properly redacted PDF and i'll swap them. - done

 

 

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 please also to @Andyorch for help with the statement. I didn't know I was supposed to have done one so apologies for that. I guess now I have until the first week of September to get that across now and I would be grateful for any help with it.

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  • 4 weeks later...

Responding to your Pm Re Statement.

 

Normally when making an application to set a side you would include your statement and evidence and attach to the N244.In this instance you have only completed reason and order requested within your application and not attached any evidence in support.

 

The court has notified you of the hearing and given directions on how and when to submit further evidence in preparation for said hearing.

You have uploaded a copy of the claimants response (statement) to your application.

 

Hearing Bundle-1 edited.pdf

 

Its your choice if you wish to submit further evidence by way of a statement, looking at your application it will probably be prudent to expand as there is very little space on the N244 to actually construct a full statement.

 

n244 edited.pdf

 

Compiling a statement in response is fairly straight forward using the claimants above as a guide. You are simply agreeing or refuting or adding to the points made and you should follow the chronological order the claimant as set out.

 

There is an example statement in the following topic which I have drafted previously for another user in connection to an application to lift a stay by the claimant in that topic. Look at its format and content and have a go at drafting your statement. Post it here and I will check it and finalise it before submission.

 

IN THE (1).pdf

 

Regards

 

Andy

 

 

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  • 2 weeks later...

Hi,

 

Could you advise? I found something strange on Drydens statement (particularly the red part). It reads...

 

TRANSFER TO DRYDENSFAIRFAX SOLICITORS
11 As the Defendant failed to make payment in full, the matter was transferred to the
Claimant’s Solicitors drydensfairfax ('drydens'). The Defendant was made aware of the
same by the letter dated 7 February 2017, a copy of the letter is enclosed herein at ‘pages
13 of SR1’.
12 The Defendant failed to contact drydens and so a further letter was sent. The letter was
sent to the Defendant on 14 February 2017 and a copy is exhibited at ‘pages 14 – 15 of
SR1’.
LEGAL ACTION
13 The Letter Before Action failed to yield a response and so a County Court Claim was issued
on 8 March 2017 a breakdown of the sum as claimed is illustrated below:

Principle Debt: £4,420.84
Solicitors Costs: £185.00
Issue Fee: £80.00
Total: £4,685.84
14 The Claim was issued by the County Court Business Centre (“CCBC”), pursuant to the
Practice Direction 7C of the Civil Procedure Rules, in particular Practice Direction 7C 1.4
(3A). A copy of the Claim form can be found at ‘pages 16 – 17 of SR1’.
15 The Claim was issued to the Defendant at her usual or last known residence of xxx pursuant to CPR 6.9 and therefore deemed
served correctly.

 

REMIDIATION AND APPLICATION TO LIFT STAY
16 Following the Claim being issues, the Claimant became aware that the account required CCA
remediation with regards to required data corrections, replacement Notice of Statements in
Arrears and/or Annual Statements to ensure they met compliance guidelines within the
Consumer Credit Act (1974).
17 The matter was placed on hold until remediation was complete but was one of approximately
40,000 cases affected by these issues.
18 Letters were issued to the Defendant on 27 March 2018 and on 2 April 2020 to invite the
Defendant to reach payment arrangement without the necessity for continued legal action.
The Defendant failed to engage with the Claimant and so an Application to Lift the Stay and
obtain Judgment was made and granted by the Deputy District Judge Wilson on 9 November
2020. A copy of the Application and Court Order as exhibited at ‘pages 18 – 21 of SR1’.

 

Does this change anything? I had no knowledge of this until just now.

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as for the red bit click letter of claim and read, changes nothing really just more bumph sent to an old address on an SLC debt that was already statute barred upon issuance of the claimform

 

On 27/07/2021 at 02:55, dx100uk said:

 

you will need to include and refer to the above ( the slc statements)

 

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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the way things work -

claimants solicitor must issue a letter of claim or a letter before action giving you under the pre action protocol 30days to reply

 

then they can request a court raises the initial court claim form.

then if you fail to reply to that within 19days or you subsequently lose the claim the courts issues it's judgement. 

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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so yes a bit like you i have a bit of a brain fog at present.

and that 8th march 2017 claimform issuance date could be a bit of a bugbear as SLC don't seem to have registered your deferment until 10/4/2011 even though the letter from them is dated the 23rd march, and thus would have meant your deferment request was sent well before that (before 8th march 2011?)??

 

have we any proof of this?

 

sorry

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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11 hours ago, dx100uk said:

so yes a bit like you i have a bit of a brain fog at present.

and that 8th march 2017 claimform issuance date could be a bit of a bugbear as SLC don't seem to have registered your deferment until 10/4/2011 even though the letter from them is dated the 23rd march, and thus would have meant your deferment request was sent well before that (before 8th march 2011?)??

 

have we any proof of this?

 

Yes it would have been. The letter states to complete and return form within 14 days of the letter. The letter was dated 12/02/11

SLA student loan deferment requested 12 02 11 edited.pdf

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That's fine...its in your own words and covers the whole matter succinctly ....just a couple of points to address

 

At 10 you state " When I disagreed that this loan was exempt from the limitation act and was going to apply for a set-aside."

 

What do you mean by " was exempt from the limitation act " ?

 

And also your statement of truth is out of date the correct version is below.

 

 “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.

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

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

 

i said the above is bs andy

an slc loan is exempt...no it is not!!

 

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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Strange...I wonder if they are getting confused with the following guidance or simply they mean its not statute barred because xyz ...not that its exempt.?

 

WWW.GOV.UK

Our debt management and banking processes incorporates material covered in the Recovery Manual and the Banking & Accounting Guide (BAAG)

 

Other debts that are not tax, for example

  • contract settlements
  • tax credit overpayments
  • Child benefit overpayments
  • National Insurance Contributions
  • Statutory payment recoveries (Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay)
  • overpaid Child Trust Fund contributions
  • Student Loan repayments and
  • National Minimum Wage Act penalties

are subject to the Limitation Act, and action must be taken within six years “from the date on which the cause of action accrued”

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Either way point 10 requires attention as its confusing.

 

10. On 16/02/21 I made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 7 and 8. They replied back saying they were waiting for further documentation I therefore delayed making application and waited for receipt of the documentation. I made a further written request on 16/04/21 after contacting the Claimant again and being told that they were still awaiting documentation.

 

The claimant had previously stated within their response dated xxxxx that this loan was exempt from the limitation act which of course is nonsense in an attempt to confuse me and delay me in making an application to set-a side. Again I was told they were awaiting documentation on 29/01/21 and 19/02/21, and again after asking for updates, on 29/03/21 and 14/04/21.

We could do with some help from you.

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