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Backdoor Erudio CCJ - old Student Loans


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15 minutes ago, Andyorch said:

So your deferment made Feb 2011, which lasts for 12 months...did you make any further deferments up until the default notice dated 13th Oct 2016 ?

 

No, Feb 2011 was the last one I did

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Hi,

 

I'm not sure whether or not my defence is ready to send as I have so many different versions and time is running out. I am concerned that Default Notice line has been slightly changed from the CAG template and not sure of how this should read now. Please could you take a look?

 

As the statement was emailed to the courts, I am presuming that the defence can be emailed as well under the same case/reference number. Should I attach the last deferment letters to the pdf or leave them out as they were already sent with the statement prior to the set aside?

 

 

Claimant
ERUDIO STUDENT LOANS LIMITED
 – and –
 Defendant
xxx (previously xx
 DEFENCE OF xxx

 

I, xxx, being the Defendant in this case will state as follows;

 

1.     My last written and signed acknowledgement of the debt was by way of a deferment form send date of February 2011 directly to Student Loans Company Ltd.

 

2.     The Claimant's claim was served over 6 years from the last written acknowledgment of the debt on 08/03/2017.

 

3.     The Default Notice was issued 13/10/2016 and served over 5 years 7 months after the initial breach thus the cause of action delayed by over 5 years 7 months and the Limitations Period prolonged to 11 years 7 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.

 

4.     The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 

 

5.     The Claimant's claim to be entitled to payment of £4707.84 or any other sum, or relief of any kind is denied.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed: xxx

  

Dated: 27/10/2021

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1 hour ago, Badgergirl25 said:

 

2.     The Claimant's claim was served over 6 years from the last written acknowledgment of the debt on 08/03/2017

 

    The Claimant's claim was issued on 08/03/2017 some +6yrs from the last written acknowledgment of the debt in February 2011 by the defendant

 

you do not need to inc any evidence AFAIK

 

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... 

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I'm just about to email over the defence to the court, do I need to send over the N180 completed previously with this, or is this for a later date? Also, should a hard copy be sent in the post to the court?

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n180 whats that goto to do with filing a defence ?

 

what email are you using for the court submittance?

 

 

 

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 believe thats ok not too sure

 

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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  • 2 weeks later...

Hi,

 

I received a 'Notice of Proposed Allocation to the Small Claims Track' now that I've defended the claim. It says to send the N180 to the local County Court and also says to serve copies on all other parties. I'm just about to post the signed court copy to them with recorded delivery. Can I email Dryden's their copy or does that have to be sent in the post as well?

 

Thanks in advance.

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Thanks, I've already filled in this form a while back and had it ready to send, but not sure whether or not the copy to Drydens can be emailed instead of posting to save on postage 🤔

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Have they used email at anytime to you ? If so yes...if not ring them and ask is it okay and will they accept electronic submission.

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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:thumb: no need to sign their copy of the DQ or put contact details    its for info only.

  • 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

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Hi,

 

This is the latest from Drydens...

 

Dear Madam

 

Please see attached the Claimant’s N180 as required.

 

Whilst we believe that the outstanding debt is due and owing, and are prepared to proceed to the Small Claims Hearing, we are prepared to work with you in order to reach an amicable solution away from the Court.

 

We invite you to make an offer of payment, which if accepted can be agreed by way of a Tomlin Order. this is a formal agreement which ensures Judgment is not obtained so long as payments are made and maintained. This will also save further time and costs for all parties.

 

Should you be interested in taking this route, please contact us by return.

 

Kind regards

 

Before they were insisting I owed them money, they now seem to be open to offers.  Is this normal that they are now trying to go for mediation,  knowing that I refused mediation on my N180? 

N180 drydens redacted.pdf

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Yep quite std for drydens ..same in just about every erudio claimform threads already here

 

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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