Erudio/dryden claimform stayed - old SLC loan - Now N244 for SJ

[Plonker1]

My draft WS below:

I was searching through old emails/correspondence last night and found a note. I did try and defer for the 2020 year via a deferment form which was posted in Jan 2020, I then contacted them again in March 2020 asking why my deferment hadn't been processed and they stated that they hadn't received the form and had already terminated and it was too late to defer now.  I don't think this has any bearing on my WS or defence but I thought it might be worth mentioning. 

 

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

Witness Statement

I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since.

I will respond to the same numbered paragraphs as the claimant’s statement as follows:

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 

Background

3. On receipt of the claim form, dated 15/03/22, I sought clarity from the claimant’s solicitor via a CPR 31.14 request, letter dated 25/03/22 and sent by Royal Mail, requesting a copy of the original agreement, a copy of the terms and conditions as applicable at the start of each agreement, a copy of any default notice or termination notice, and a copy of the legal notice of assignment showing their right to take action. 

4. On or about 01/04/22 I received a letter from the claimants solicitor confirming that they were currently liaising with their client for the relevant documentation.  

5.  On or about 11/05/22 I received a letter from the claimant with a statement of accounts

6.  On or about 28/06/22 I received a letter from the claimants solicitor which included a Notice of termination and credit agreements which were ineligible.

7. The Claimant failed to further communicate with the court, or the defendant, and following the standard time limit after my defence filing their claim became autostayed. 

8. On or about the 31/08/22 I received a letter from the claimant’s solicitor enclosing documentation and a request for income details should I wish to enter into any payment agreement via a Tomlin order, at cost to me to, avoid further court action.

9. On 25/04/2023 the claimant raised an N244 request to lift the 9 months stay on proceedings seeking to strike out my defence and attain a summary judgement as they now had attained all the information I had requested.

 

Defendants Response to claimants claim/ Application

10. In reference to the claimants Witness Statement paragraph 6 - The defendant did not admit in their defence nor has at any time admitted entering into any agreements with the original creditors. 

11. In response to paragraphs 8 and 29.1, the agreements referred to at pages 1 - 2 are illegible due to age, as per the Claimant’s own admittance.  The Claimant includes an additional 'blank agreement'.   Its source is not referenced and therefore questioned.  If from the claimants own internal sources, this does not comply with the consumer credit act request criteria.

12. At paragraph 16, reference is made to the issuance of their default notice issued 31/01/2020 due to a failure to pay some £3,807.01 arrears.   

Since the 2013 assignment via the Government of these old Student Loans Company mortgage style Loans to Erudio, Erudio have always written by post every year including their deferment forms to complete and return. In 2017 their reminders changed to an email only process, referencing a log-in to an online portal. I deferred via this portal each year when a reminder email was sent.

I did not receive any reminder in 2020 to defer, this resulted in the arrears and the subsequent default notice. 

I make reference to the Financial Ombudsman Service website and their relevant decisions about this period of change by Erudio, whereby numerous people suffered this issue around the same period. In these circumstances the Financial Ombudsman Service made decisions that Erudio should rollback arrears and accept post deferment, see Exhibit 1 (DRN- 3629000) attached.  

I have always deferred due my earnings being under the financial threshold.   

Conclusion

13. I believe the claimants claim to be in error because I did not receive an invitation to defer in 2020. 

Statement of truth

I, XXXXXXX defendant, believe 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.

 

Signed: 

Print Name:

Dated:

[Plonker1]

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

Witness Statement

I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since.

I will respond to the same numbered paragraphs as the claimant’s statement as follows:

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 

Background

3. On receipt of the claim form, dated 15/03/22, I sought clarity from the claimant’s solicitor via a CPR 31.14 request, letter dated 25/03/22 and sent by Royal Mail, requesting a copy of the original agreement, a copy of the terms and conditions as applicable at the start of each agreement, a copy of any default notice or termination notice, and a copy of the legal notice of assignment showing their right to take action. 

4. On or about 01/04/22 I received a letter from the claimants solicitor confirming that they were currently liaising with their client for the relevant documentation.  

5.  On or about 11/05/22 I received a letter from the claimant with a statement of accounts

6.  On or about 28/06/22 I received a letter from the claimants solicitor which included a Notice of termination and credit agreements which were ineligible.

7. The Claimant failed to further communicate with the court, or the defendant, and following the standard time limit after my defence filing their claim became autostayed. 

8. On or about the 31/08/22 I received a letter from the claimant’s solicitor enclosing documentation and a request for income details should I wish to enter into any payment agreement via a Tomlin order, at cost to me to, avoid further court action.

9. On 25/04/2023 the claimant raised an N244 request to lift the 9 months stay on proceedings seeking to strike out my defence and attain a summary judgement as they now had attained all the information I had requested.

 

Defendants Response to claimants claim/ Application

10. In reference to the claimants Witness Statement paragraph 6 - The defendant did not admit in their defence nor has at any time admitted entering into any agreements with the original creditors. 

11. In response to paragraphs 8 and 29.1, the agreements referred to at pages 1 - 2 are illegible due to age, as per the Claimant’s own admittance.  The Claimant includes an additional 'blank agreement'.   Its source is not referenced and therefore questioned.  If from the claimants own internal sources, this does not comply with the consumer credit act request criteria.

12. At paragraph 16, reference is made to the issuance of their default notice issued 31/01/2020 due to a failure to pay some £3,807.01 arrears.   

Since the 2013 assignment via the Government of these old Student Loans Company mortgage style Loans to Erudio, Erudio have always written by post every year including their deferment forms to complete and return. In 2017 their reminders changed to an email only process, referencing a log-in to an online portal. I deferred via this portal each year when a reminder email was sent.

I did not receive any reminder in 2020 to defer, this resulted in the arrears and the subsequent default notice. 

I make reference to the Financial Ombudsman Service website and their relevant decisions about this period of change by Erudio, whereby numerous people suffered this issue around the same period. In these circumstances the Financial Ombudsman Service made decisions that Erudio should rollback arrears and accept post deferment, see Exhibit 1 (DRN- 3629000) attached.  

I have always deferred due my earnings being under the financial threshold.   

Conclusion

13. I believe the claimants claim to be in error because I did not receive an invitation to defer in 2020. 

14.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety.

The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)

Statement of truth

I, XXXXXXX defendant, believe 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.

 

Signed: 

Print Name:

Dated:

[AndyOrch]

11 minutes ago, Plonker1 said:

I was searching through old emails/correspondence last night and found a note. I did try and defer for the 2020 year via a deferment form which was posted in Jan 2020, I then contacted them again in March 2020 asking why my deferment hadn't been processed and they stated that they hadn't received the form and had already terminated and it was too late to defer now.  I don't think this has any bearing on my WS or defence but I thought it might be worth mentioning. 

I have to disagree and it has a massive bearing in supporting your defence....that needs to be emphasised in the statement

[Plonker1]

aaah ok, I'll add a paragraph in the conclusion detailing this

 

I've also realised my deferment ended on 27/01/20, they sent me a termination letter on 29/02/20 which is less than a month after which my deferment had ended, shall I mention this in the conclusion as well?

 

[AndyOrch]

Also don't forget this relates to various agreements which they have disclosed but are barley legible and therefore unenforceable pursuant to the CCA1974 and also that there must be 3 default notices and termination notices given that they have referred to them in their statement. 

You have made no mention to the above in your defence response paragraph

26 minutes ago, Plonker1 said:

I've also realised my deferment ended on 27/01/20, they sent me a termination letter on 29/02/20 which is less than a month after which my deferment had ended, shall I mention this in the conclusion as well?

 

Yes ...this is your last opportunity you wont get another.

 

 

.

[Plonker1]

The bit about the credit agreements being ineligible had been covered but I added the the part regarding 3 default notices and 3 termination notices in my defence paragraph.

Also added the part about the time in-between end of deferment and termination being very short and that I did send a deferment form to Erudio without invitation which they claimed not of been received

I have to submit by Tuesday next week, do I leave until last moment to submit when I am ready?

 

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

Witness Statement

I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since.

I will respond to the same numbered paragraphs as the claimant’s statement as follows:

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 

Background

3. On receipt of the claim form, dated 15/03/22, I sought clarity from the claimant’s solicitor via a CPR 31.14 request, letter dated 25/03/22 and sent by Royal Mail, requesting a copy of the original agreement, a copy of the terms and conditions as applicable at the start of each agreement, a copy of any default notice or termination notice, and a copy of the legal notice of assignment showing their right to take action. 

4. On or about 01/04/22 I received a letter from the claimants solicitor confirming that they were currently liaising with their client for the relevant documentation.  

5.  On or about 11/05/22 I received a letter from the claimant with a statement of accounts

6.  On or about 28/06/22 I received a letter from the claimants solicitor which included a Notice of termination and credit agreements which were ineligible.

7. The Claimant failed to further communicate with the court, or the defendant, and following the standard time limit after my defence filing their claim became autostayed. 

8. On or about the 31/08/22 I received a letter from the claimant’s solicitor enclosing documentation and a request for income details should I wish to enter into any payment agreement via a Tomlin order, at cost to me to, avoid further court action.

9. On 25/04/2023 the claimant raised an N244 request to lift the 9 months stay on proceedings seeking to strike out my defence and attain a summary judgement as they now had attained all the information I had requested.

 

Defendants Response to claimants claim/ Application

10. In reference to the claimants Witness Statement paragraph 6 - The defendant did not admit in their defence nor has at any time admitted entering into any agreements with the original creditors. 

11. In response to paragraphs 8 and 29.1, the agreements referred to at pages 1 - 2 are illegible due to age, as per the Claimant’s own admittance.  The Claimant includes an additional 'blank agreement'.   Its source is not referenced and therefore questioned.  If from the claimants own internal sources, this does not comply with the consumer credit act request criteria.

12. At paragraph 16, reference is made to the issuance of their default notice issued 31/01/2020 due to a failure to pay some £3,807.01 arrears.   

13. At paragraph 19 reference is made to the issuance of a default notice and a termination notice, pursuant to the CCA1974 there must be 3 default notices and termination notices served.

Since the 2013 assignment via the Government of these old Student Loans Company mortgage style Loans to Erudio, Erudio have always written by post every year including their deferment forms to complete and return. In 2017 their reminders changed to an email only process, referencing a log-in to an online portal. I deferred via this portal each year when a reminder email was sent.

I did not receive any reminder in 2020 to defer, this resulted in the arrears and the subsequent default notice. 

I make reference to the Financial Ombudsman Service website and their relevant decisions about this period of change by Erudio, whereby numerous people suffered this issue around the same period. In these circumstances the Financial Ombudsman Service made decisions that Erudio should rollback arrears and accept post deferment, see Exhibit 1 (DRN- 3629000) attached.  

I have always deferred due my earnings being under the financial threshold.   

Conclusion

13. I believe the claimants claim to be in error because I did not receive an invitation to defer in 2020. 

14. I did indeed attempt to defer for the 2020 year without invitation and had sent a deferment form via royal mail in December 2019 of which a copy was retained.  When contacted, the claimant stated that they had not received this deferment form and stated that they had already terminated the agreement without my knowledge.

15. The time between the end of deferment and termination of the agreement was approximately a month, this shows the claimant had no intention to allow me to defer so that they could threaten me with court action in order to recover any sums they believed to be owed.  This was the claimants modus operandi around this time which has been highlighted by many other cases.

15.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety.

The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)

 

 

Statement of truth

I, XXXXXXX defendant, believe 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.

 

Signed: 

Print Name:

Dated:

 

[Plonker1]

I intend to send off my witness statement today, do I need to send via post or will email suffice?

Andy, if you have a minute can you please a quick look over my WS to ensure I have covered all points, before I send off.  Thanks  

[AndyOrch]

11. In response to paragraphs 8 and 29.1, the agreements referred to at pages 1 - 2 are illegible due to age, as per the Claimant’s own admittance.  The Claimant includes an additional 'blank agreement'.   Its source is not referenced and therefore questioned.  If from the claimants own internal sources, this does not comply with the consumer credit act request criteria and therefore pursuant to sec61 of the CCA1974 is rendered unenforceable.

 

The rest is fine I would email and post hard copy 

 

For your reference...

 

sec61 Signing of agreement.

(1)A regulated agreement is not properly executed unless—

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

(c) the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

sec65  Consequences of improper execution.

(1)An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

And therefore pursuant to sec 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Andy.

 

 

.

[Plonker1]

ok, I'll amend paragraph 11 as suggested.

I will also include the FOS decision as reference.

Thank you so much Andy.

 

do you think I should add both the case references from the FOS?

I have attached below....

DRN-4141462.pdf DRN-3629000.pdf

[AndyOrch]

Only if you have referred to it within the statement...any document referred to must be marked as an exhibit and numbered.

[Plonker1]

I've added:

I make reference to the Financial Ombudsman Service website and their relevant decisions about this period of change by Erudio, whereby numerous people suffered this issue around the same period. In these circumstances the Financial Ombudsman Service made decisions that Erudio should rollback arrears and accept post deferment, see Exhibit 1 (DRN- 3629000) and Exhibit 2 (DRN-4141462) attached.  

Ill mark them as exhibit 1 and exhibit 2 when attaching to the WS

[AndyOrch]

[Plonker1]

I posted the WS and relevant exhibits by Royal Mail, recorded, signed for.

I also emailed Dryden's and the court.

Now I have to get ready for the hearing! 

Just like to say a massive thank you to Andy for all your help and especially DX for his stern words and great advice.  Really appreciated!

[Plonker1]

 I have received some post from Dryden's.

It seems to be a supplementary witness statement.

Can they send this so late in the day, they also emailed on Thursday which I did not pick up until today

I have attached.....

Supp Witness Statement Erudio.pdf

[AndyOrch]

Hit a nerve with your statement so they find that they have to strengthen theirs with a secondary statement...sign of weakness.

SWS can be served as late as 3 days pre hearing date.

[Plonker1]

Andy any chance you can explain the stuff about the hearsay evidence as I don't get it.

I take it the bit on the breach of provisions is in relation to Erudio's inability to serve notices, statements etc on time?

The bare denial stuff relates to me not accepting the copies of the signed agreements due to them being ineligible, 

[dx100uk]

Quote

Instead, he has chosen to wait until 2 October 2023 to raise any submissions (some 8 days before the listed hearing).

dont like your own games being played back on you do you drydens....

 

[AndyOrch]

16 hours ago, Plonker1 said:

Andy any chance you can explain the stuff about the hearsay evidence as I don't get it.

I take it the bit on the breach of provisions is in relation to Erudio's inability to serve notices, statements etc on time?

The bare denial stuff relates to me not accepting the copies of the signed agreements due to them being ineligible, 

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement.

So the relevant legislation:-

 

Notice of intention to rely on hearsay evidence

33.2

(1) Where a party intends to rely on hearsay evidence at trial and either –

(a) that evidence is to be given by a witness giving oral evidence; or

(b) that evidence is contained in a witness statement of a person who is not being called to give oral evidence;

that party complies with section 2(1)(a) of the Civil Evidence Act 1995¹ serving a witness statement on the other parties in accordance with the court’s order.

(2) Where paragraph (1)(b) applies, the party intending to rely on the hearsay evidence must, when he serves the witness statement –

(a) inform the other parties that the witness is not being called to give oral evidence; and

(b) give the reason why the witness will not be called.

 

PART 33 - MISCELLANEOUS RULES ABOUT EVIDENCE - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[Plonker1]

ok, got it.

On my way to court now.

Any other pointers/advice?

Wish me luck

[AndyOrch]

Just stick to the points objections raised in your defence and statement...lets hope you get a decent Judge.

 

Best of luck.

 

Andy

[honeybee13]

We'll be thinking of you, P1. Please let us know how you get on..

HB

[Plonker1]

I had my hearing yesterday and I feel disappointed in how it went as I feel I that had a good judge, the advocate representing Dryden's was not great and I could of got a better result, but all is not lost........

We started by discussing the issue of ineligible credit agreements at which point the judge was questioning me whether I admitted to actually signing the documents and if it was my signature to which I accepted,

she asked what's the problem with the agreements, I mentioned that I couldn't read the documents and they needed to comply with the CCA and gave her the appropriate section. 

She checked the CCA relevant section but mentioned that were they eligible at the time of signing?  I stated I couldn't remember but probably they were eligible.  She wasn't really buying it but did mention that it can be tested at trial.

After this we went onto the default notices and she pointed out that they had served me copies which were included in their bundle.  

I mentioned that I don't recollect receiving them and that there needed to be 3 copies of the default notice and termination notices, she said that only 1 copy needed to be served and asked me for the relevant CCA section for this, unfortunately I didn't know this, my fault not being adequately prepared, if it exists?

We then spoke about the deferment process and the ombudsman's decisions, Dryden's banged on about that these decisions are not mine and they are not relevant, I said, I included this to show how Erudio was behaving at the time to backup my point of not receiving documents etc.

 At this point she asked why I did not include the copy of the form I sent in that I said I had kept, I said that was an error on my part and that I have a copy, she went on about this for a while saying she can't understand why I have made a good job of submitting a WS but didn't not include this in the bundle.

 I maintained it was an error on my part and that I can provide, I also mentioned the fact that it was highlighted in the supplementary WS of Dryden's and after receiving this I did not have enough time.

Before taking about this I was feeling confident she was going to send it to trial but after this my hopes began to dwindle, however, she wanted to give me the opportunity to supply this document and gave me 7 days to serve after which we would have another hearing if I served in time.

 I have the document and will serve, she did mention that I can serve another WS to accompany it.

Due to the requirement to have another hearing which is no fault of Dryden's but mine she awarded cost to them for £425 which I have to pay within a month, otherwise I will be debarred from representing or something along them lines.

 I agreed to the costs as it was my fault that I hadn't provided the document regarding deferral and was just glad to have another opportunity.

Nothing else was really spoken about, she mentioned that I will receive a directions questionnaire so I don't know if that means the next hearing will be a trial or a repeat of the one we just had.

I feel like now I have attended one hearing I will be much more confident in the next one and prepared!

So all is not lost(apart from £425 costs)...............just yet

What you guys think?

[AndyOrch]

2 hours ago, Plonker1 said:

 I mentioned that I don't recollect receiving them and that there needed to be 3 copies of the default notice and termination notices, she said that only 1 copy needed to be served and asked me for the relevant CCA section for this, unfortunately I didn't know this, my fault not being adequately prepared, if it exists?

Section 87 (1) CCA1974 

https://www.legislation.gov.uk/ukpga/1974/39/section/87

2 hours ago, Plonker1 said:

Nothing else was really spoken about, she mentioned that I will receive a directions questionnaire so I don't know if that means the next hearing will be a trial or a repeat of the one we just had.

It means their application for SJ/SO has failed and the claim is now proceeding as normal to trial hence the DQ which allocates the claim.

So all in all well done you derailed their application and now its back on track (pardon the pun).....dont forget to serve the requested documents within 7 days.

Andy

[dx100uk]

well done you beat 'em.

and each agreement must be served with a default notice yes.?

i suspect, erudio has issued a DN in 2016 under their multi whatever ref no. they keep spouting on about , which ofcourse means nothing. you signed no such agreement .

 

[Plonker1]

I have located the deferment form which was copied and posted in 2020 which they want me to submit.

Are there any protocols to follow to serve this.

Do I need to submit another witness statement to accompany it or a covering letter?