Jump to content


Backdoor Erudio CCJ - old Student Loans


Recommended Posts

that looks excellent to me

 

dx

  • 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... 

Link to post
Share on other sites

You must attach a copy of the letter which they state the debt is exempt from the limitation's act and mark the statement with its exhibit number.

 

You can in your concluding paragraph request costs in making this application...respectfully request.

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

Link to post
Share on other sites

My last post seems to have disappeared Statement edited.pdf.

 

@Andyorch, I've added  the email (exhibit 3)  and noted this in paragraph 10. I was going to ask verbally, if successful, for the court to make an order for the other side to pay the application fees. Is this ok?

 

I think this is good to go now. Please could it have a last check before emailing tomorrow evening when I get home from work? (I presume this is ok as unable to email in the daytime) Do I cc Drydens in? Also, how do I sign?

 

Thanks

Link to post
Share on other sites

You can request verbally also...but its normal to be in your statement and its evidenced that way that you requested  it. 

Just add it at point 15 

 

15. The defendant respectfully requests costs/fee in making this application.

 

 

 

.

 

 

.

  • Like 2

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

Link to post
Share on other sites

Sign the courts copy...print is okay for the claimants.

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

Link to post
Share on other sites

Hi,

 

I'm a bit confused as how to differentiate? I was about to email the statement over and copy in Drydens in with the same document.  That is how Drydens submitted theirs. Is that wrong?

 

Kind regards,

 

Yvette

Link to post
Share on other sites

Do two separate emails..>Court signed copy.

Drydens ..> printed copy.

 

  • Like 1

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

Link to post
Share on other sites

god drydens choose some twaddle when it suits them...

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... 

Link to post
Share on other sites

Almost zero its for them to prove the debt is not s b'd not for you to prove it is

 

 

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... 

Link to post
Share on other sites

Update: I was successful on the set aside but with costs reserved for the trial judge. Really annoyed with that part as I was going to donate it to you lot. The judge said the timing was ok and the N244 was promptly made considering the waiting for information from Drydens. The fact that I had contacted SLC, even though I had no proof was counted as a defence. 

 

Statute-barred was not mentioned, just a bit about the limitation constraints and he agreed with the 2016 cause of action date, but also that it wouldn't have happened had actually received  the notifications from them and that I have never earned enough. Drydens went on a bit of a tangent and pointed out that I had not sent anything in to prove that I didn't earn enough. I didn't really understand what he was saying so apologies for that but it sounded a bit of a worry as the judge seemed to think that the late date of cause of action was ok.

 

He didn't seem to know much about the old student loans either and seemed annoyed that neither party had a proper copy of the original agreement. 

 

He has asked me to get legal advice and draft my defence within 28 days and send over, stating why the debt is not recoverable and due. He extended that to 6 weeks due to the surgery I'm having on Friday and said it has to be in by 27/010/21 at 4pm. Something about a small claims final hearing. He also said something about allocation questionnaires. Any idea what they are? Also, Is that date a court hearing date and should I be expecting something in the post?

 

What happens next? Should I be getting a solicitor? Do you know how I should draft a defence? Does this mean the debt is not statute barred or is this just the preliminary to get the set-aside before the real hearing? I feel really confused.

 

Link to post
Share on other sites

The fact you were or were not within or outside the payment threshold is immaterial to it being sb'd.

 

Dryden just trying to exploit a judge that confessed to not knowing how the slc loans like any other loan..work.

 

sb is nothing to do with cca1974. Its from the statute of limitations act

 

 

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... 

Link to post
Share on other sites

no its the directions questionnaire.

 

dx

 

  • 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... 

Link to post
Share on other sites

Hi,

 

Sorry for being a pain but I'm not sure what I am supposed to be doing next. I presume it to draft a defence as the judge says. Please correct me if I'm wrong. Have you any good examples on here of a defence? I have looked at a few but they seem to be very much the same as my statement for the set-aside

 

Thanks.

Link to post
Share on other sites

You have 6 weeks to draft a defence and file and serve so plenty of time.(27/010/21 at 4pm) If it replicates your statement to set a side so be it but you can add a few more details to pad it out. You will be expected to submit a further witness statement later in the process so hold back the finer details.

 

Complete the DQ I have posted above and file that anytime now. Once that has been submitted the court will send you a Notice of Allocation this will contain further directions and the hearing date and what you must do next to prepare for the hearing.

 

With regards to costs ...your request for costs in the application has been reserved...costs in the case have been reserved that's normal because only the successful party will be able to recover costs and that's not know until the hearing has concluded and judgment determined.

 

Andy

 

 

.

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

Link to post
Share on other sites

  • 2 weeks later...

Hi,

 

I'm slowly recovering from the surgery here but I've had a major setback. I will try to complete the N180 next week.

 

I need your advice in the meantime as I received the attached the General Form of Judgement today in the post. No mention of statute barred, only about the change of address to defend. I'm really scared with all this and it is screwing with my mental health now. 

general form of judgment or order edited.pdf

Link to post
Share on other sites

That's in your favour, it being sb'd will kill the claim cant see the fleecers being able to wriggle out of it nor bother too.

 

Certainly zero to be scared of!!  Your position is very strong.

 

Dx

 

 

 

 

 

  • 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... 

Link to post
Share on other sites

  • 2 weeks later...

Hi,

 

I have completed the N180. Please could you check? I wasn't sure what the 'In the' and 'Claim No' was - any pointers I would be grateful for.

 

I also received a letter in the post from Drydens asking me to drop the set-aside and make payments with an expenditure form attached as they think it will go in their favour. Please see attached.

 

 

n180 edited.pdf drydens letter October.pdf

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...