Erudio Backdoor CCJ

[JJ101]

hi, I have a similar issue to others, managed to get so far but now could do with a little help please.

 

Old Student loan first one from 1995 - 4 in total, sold to Erudio, dont think I deferred with Erudio at all

CCJ issued last year to old address.

 

Requested DSAR to SLC, Erudio and successfully stopped warrant of control and hold on account.

awaiting correct dates and information.

 

Sent request to set aside and they responded saying not 6 years, default from Erudio starts clock and under 6 years.

 

Have CCJ Judgement from court but not claim form yet.

 

thanks

 

 

Edited October 21, 2021 by dx100uk
formatting - no issue ignore this auto pm.

[dx100uk]

you need the particulars of claim

ring northants bulk and ask them to send it by email pdf or get them to read it out ...RECORD YOUR CALL>

 

the sb date does not run from defaulted date.

 

there are numerous threads here on these backdoor erudio CCJ's when the loans had never eben deferred with erudio so must be sb'd.

 

 

 

 

[JJ101]

1. the claimant claims £6,xxx.xx for monies due from the defendant.

 

2. this debt was pursuant to a regulated  agreement(s) between the defendant and the student loans company limited.               

 

3. the defendant failed to make payments as  per the terms resulting in the agreement(s)  being terminated.  notice of such is served  by a default or termination notice subject tothe terms of the agreement(s).               

 

4. the debt was assigned to the claimant on  22/11/2013, with a notice provided to the  defendant.  a new master reference number  xxxxxxxxxxxxx was also applied upon  assignment.                               

 

5.  the claimant has complied with the  pre-action protocol for debt claims. The claimant details are: ERUDIO STUDENT LOANS LIMITED

 

The claim amount details are:

Amount Claimed £6xxx.xx

Court Fee £410.00

Solicitor Costs £100.00

Total £6xxx.xx

 

We note that you assert this debt to be subject to the Limitation Act 1980 section 5, however, this is incorrect as the date of default was January 2017 and legal proceedings issued against you on August 2019. Therefore 6 years has not lapsed since a cause of action was issued against you and therefore the debt is not statute barred.

[dx100uk]

total rubbish

 

read me

 

dx

 

[JJ101]

Thanks, having to move house and discovered this. It's causing a nightmare in trying to rent somewhere and mortgage was also refused by the bank. 

 

Shortly after requesting info I got a warrant in the post from bailifs. Managed to halt that and pause any action till I get key dates to try and get this removed.

 

Not wanting to avoid paying it, just need the CCJ gone.

 

Appreciate your help. Will read fully although I am not great with law.

[dx100uk]

you do NOT need to pay it and anyway that would not remove the ccj, its there on your file paid or not for 6yrs, a paid ccj even with a cert of satisfaction is as bad as a non paid one.

 

the ONLY way to remove it is to set it aside.

 

sadly you the very worst thing you could have done with ANY debt on your credit file or not that you last used or paid or wrote about to the debt owner in the last 7 yrs....you ran away,,,moved without informing the debt owner of your correct and current address.

 

erudio and drydens are masters at doing backdoor ccj's. they are ofcourse totally wrong that the defaulted date is the sb date...well not when your last written/signed ack of the debt was more than 6yrs before the claimform date.

 

now how do you remove it....go read that thread ...carefullly then comeback here and lets see if you understand how.

 

dx

 

[JJ101]

I have read that thread. I will need to wait for last date of deferral to get key information to go back to Drydens.

 

I already asked for them to set aside, they refused but they have sent a message to court suspending warrant of control and put account on hold whilst they answer my SAR. I have also requested SAR to SLC.

 

 

[dx100uk]

2 hours ago, JJ101 said:

and legal proceedings issued against you on August 2019.

you never deferred to erudio. the debt is statute barred 

any deferment to slc would have at the latest been 2012, the date of your last written and signed ack of the debt.

 

there are 10's of like backdoor erudio threads here already

dx

 

[JJ101]

Do I wait until I get actual dates or reply saying they are wrong about it not being SB. 

 

Can I fill in set aside form without date as awaiting SAR?

[dx100uk]

as in that thread i posted

you could try writing (never use email on any debt) again to drydens demanding they remove the ccj FOC to you under mutual consent etc etc..as in that thread

 

what did you send before?

you do not need to prove exact slc last deferment date no.

does the slc portal work for you still?

many find it does 

 

dx

 

[JJ101]

I sent via email the following

 

I acknowledge the account is now on hold, thank you.

As did not defer within 6 yrs, the debt was already statute-barred upon the claim form issue.
I, therefore, ask Drydens / Erudio/ Arrow set aside the CCJ by mutual consent and Free of Charge to myself.

 

If I have to issue an N244, I will be claiming the fee back from you and will seek damages to my credit reputation, I will do this in 14 days if I do not hear back from you.

 

Sent email 18th and got this back 20th

 

We refer to the above matter and recent communications with our office.

 

We note that you assert this debt to be subject to the Limitation Act 1980 section 5, however, this is incorrect as the date of default was 5 January 2017 and legal proceedings issued against you on 16 August 2019. Therefore 6 years has not lapsed since a cause of action was issued against you and therefore the debt is not statute barred.

 

If you believe the above to be incorrect we would advise you to seek independent legal advice regarding the matter.

 

Our file remains on hold as previously agreed and your SAR request has been forwarded to our client ‘the data controllers’ who will provide you with the information in due course.

 

Regards

 

Tried slc portal no joy

[dx100uk]

shame you are using email.

but you must issue your n244 imminently and not miss your 14 days deadline.

but never threaten and not carry through. 

 

send drydens an email thanking them for their reply but pointing out they are quite wrong and must obviously know this going by the large number of successful set asides which show via google searches from various uk consumer forums.

 

offer them one more chance to set this aside by mutual consent foc to you or you will not only be seeking your fee remittance but also possible additional sums related to refusals of low interest credit due to the erroneous CCJ.

[JJ101]

Thank you. Will send tomorrow.

[dx100uk]

my set aside will be issued on time without further referral to yourselves nor your client should you fail to positively respond by time date.

 

 

[JJ101]

Dear xxx

Thank you for your reply but your statement is indeed incorrect.
You also must know your statement is wrong based on a simple search of large scale successful set asides which show by Google searches on various UK consumer forums.

I am prepared to give you one more chance to set aside by mutual consent free of charge to myself, otherwise I will not only be seeking the fee remittance but also possible additional sums related to refusal of low interest credit due to the erroneous CCJ.

My set aside will be issued on time without further referral to yourselves nor your client should you fail to positively respond by the 1st November 2021

[dx100uk]

Looks good.

 

I'm tempted to bait them by adding to the last sentence...should you continue with is this tomfoolery...

 

[JJ101]

I was going to add that they should seek professional legal advice... like they did to me!

[dx100uk]

[London1971]

All of the above!!

 

As an aside a CCJ issued 12 months ago shouldn't be a barrier to getting a mortgage, find a good broker. You might pay a slightly higher interest rate, but could probably remortgage in a couple of years, even if you can't set aside the CCJ.

[The GodMother]

Commenting just to post 

[JJ101]

Response this morning..

 

L

Good morning

 

Thank you for your email.

 

We confirm that the positon remains the same. We would not look to consent to judgment being set aside, as it has been obtained correctly and is furthermore not statute barred as outlined in more detail below.

 

Should you continue to dispute the judgment you may wish to seek independent legal advice and make the relevant applications to court, to which we will respond accordingly.

 

We look forward to hearing from you.

 

Kind regards

[dx100uk]

thats drydens for you....always the optimist they'll not lose another set aside regarding slc loans not deferred since sale.

 

 

[JJ101]

No point in waiting 14 days, no point in replying to them, will prep forms to set aside.

[dx100uk]

stick by your stated deadline then they cant use it against you later on.

once you have raised the claim 

send one final email stating this email address is no longer to be used for any further comms relating to our mutual interest.

then block and bounce all emails from the fleecers.

 

dx

 

[JJ101]

ok, thank you for help so far, preparing N244, can you check the attached as not sure I have it correct please.

I plan to send to court 1st November

n244 jj.pdf