Backdoor CCJ Erudio/Dryden - old Student Loans - set aside hearing

[Julio4]

H 

I am just reaching out to the group for some advice. 

I have a court hearing and need to file a defence tomorrow.

 

I have loans taken out from between 1998-2000. 

I was not receiving court summons documents due to a name/ad change so was slapped with a ccj.  

 

I applied for the CCJ to be removed and it was due to name change/ad and the mail not coming through on the redirect.

 

There was no contact from Erudio between 2014 and I think it might be SB'd. 

I had not mentioned this before in my previous defence statement.

 

Would like to hear from anybody who has been through similar

 

Many Thanks

 

[AndyOrch]

Welcome to the Forum.

 

The forth coming hearing is for a set a side ?  and you need to submit a statement/defence in support of your application ?

 

Andy

[Julio4]

Hi Andy, thanks for your quick response

 

The CCJ was set aside and as I disputed the debt, Dryden are now taking me to court.

This was my defence I had previously submitted, see attached

 

I wish to file a defence in relation to the above claim. 

 

The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.                                                                                                                                                                                                                                                                                                                                                                                                                                             1. Paragraph 1 & 2 are noted the Defendant has in the past had financial dealings with the original creditor - The Student Loans Company. I have deferred the loans as I have not yet earned above the threshold. 

2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment pursuant to the Law and Property Act 1925 section 136 (1). 

3. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:
a) show how the Defendant has entered into an agreement; and 

b) show how the Defendant’s alleged debt has reached the amount claimed for; 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and                     

d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 

 

5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed. 

6. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974. 

                     

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief .

 

I would also like to add that I intend on making a counter claim against the claimant, as I had contacted them in November of last year with my new name and address, and this correspondence was ignored for six months.

 

There are documents that are still outstanding from Erudio and Dryden Fairfax.

I have made contact with_________ at Dryden Fairfax this week regarding acknowledgment of service, but have not had a response. 

 

Yours sincerely, 

 

Edited November 2, 2022 by dx100uk
docx put up as text

[dx100uk]

you applied for and got a set aside.

this is a now a hearing where you have to file a statement to backup your set aside claim.

 

what date was the default judgement attained?

what date did you LAST successfully defer and to whom?

 

i will guess this was via SLC sometime in 2013? or early 2014?

[Julio4]

Hello

What date was the default judgement attained?  Issue Date was December 20.

I did not find out about CCj till Nov 21, I made contact with Dryden via letter stating new name, add, (diff jurisdiction - NI)

They ignored my correspondence for 6 months, I then explained situation to a judge on the phone, he gave them 4 wks to produce docs

What date did you LAST successfully defer and to whom? SLC - yes exactly around 13/14

Erudio then made contact sporadically in 14, and 16, then nothing until they passed it to Dryden in Feb 2020.

I have the notion to write a SB'd letter to claimant, and ask the judge for this to be struck out.

I cannot believe what I am reading online about this company

(thanks for edit)

[AndyOrch]

Thanks okay so a little back tracking then we have all the details of the claim and history of the debt. If you could read the following link and then copy and post the Q,s and responses back here so we have all the information in one post.

 

 

[dx100uk]

yep please do the above.

your debt was already statute barred at the time of the original claimform.

lots of threads here regarding 

backdoor CCJ erudio/drydens

use our enhanced google searchbox for the above. get reading 10's of threads there so you are upto speed.

they will claim their default notice registered around 2016 trumps your SB claim when you make it (no don't send any letters to them, and STOP using the phone/email/text to ever contact the fleecers)

you might need to ring northants bulk to get a copy of the POC if you don't have it, you'll need the CCJ number 

 

dx

[Julio4]

Which Court have you received the claim from ? Northampton initially now date set for two weeks in Barnsley

(It is a small track hearing) on 17.11.22

 

 

Name of the Claimant ? Erudio Student Loans represented by Dryden

 

Date of issue –  09.09.22.  

I have asked Dryden for a 2 day extension to submit docs, awaiting a response

 

Particulars of Claim

 

 

The particulars of the claim are

-The claimant claims £5754.95 for monies due from the defendant

- This debt was pursued to a regulated agreement between the defendant and the SLC

97POMX05558....

-The defendant failed to make payments as per the time resulting in the agreement being terminated.  Notice of such is served by a default or termination notice subject to the terms of the agreement

- The debt was assigned to the claimant on 22/11/13, with a notice provided to the defendant.  A new master ref no___ was also applied upon the assignment.

- The claimant has complied with the pre action protocol for debt claims

 

•The total amount owed is £5244.95 and no charges/interest are being added at this stage
•A statement of account is attached
•The agreement(s) this debt relates to was entered into between you and Erudio Student Loans Limited on 22 November 2013, full details are set out below. A copy of the agreement(s) can be requested using the reply form.

 

 

Outstanding amount: £5244.95

 

Date of loan	Agreement number	Amount outstanding
07/04/1998	......	£1238.91
21/05/1999	......	£1345.08
14/01/2000	....	£1361.60
15/11/2000	....	£1299.36

 

What is the total value of the claim? £5244.95
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

First PAPDC letter was sent 21.02.20 and then again on 30.10.20

Claim for submitted by Dryden 14.12.20

CCJ added to file 11.01.21

 

I discover CCJ on my maiden name Nov 21, I notify Dryden of name and add change.  This was ignored

Telephone hearing - May 22 - General form or judgement or order 

- Judge ordered Dryden to set aside CCj

- Judge ordered Dryden to change my maiden name on correspondence to my current surname

- Judge ordered Dryden to reserve claim form within 4 weeks

- Judge ordred Dryden to pay costs of hearing of £275

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? I changed my maiden name in 2012 and have changed address numerous times.  The CCJ was on my name/add for 12 months, once I found out, I contacted the court and Dryden.  I notified Dryden of name/add change, they let ccj sit there for a further 6 months.  In May 22 they apologised to the judge for a failure of service, and removed the ccj.
 

Did you inform the claimant of your change of address? Only when I found out about the CCJ. 

The mail was not coming through on any redirect due to name change.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans 1998-2000
 

When did you enter into the original agreement before or after April 2007 ? April 98
 

Do you recall how you entered into the agreement...On line /In branch/By post ? In person at Uni
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was sold by SLC to Erudio in 2014, then passed to Dryden in 2020.
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No but it has been presented by Dryden
 

Did you receive a Default Notice from the original creditor? No it was not coming thru on redirect, but has been presented by Dryden
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No there was a gap in correspondence.

I spoke with Erudio in 2014 asking for deferral and was refused.

The last letter from Erudio I saw was in 2016, then nothing till I find out about CCj in Nov 21.  I then made contact with court and Dryden.
 

Why did you cease payments? I was refused deferment in 14.
 

What was the date of your last payment? I never earned over threshold to make payments to SLC.
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

Let me know if you have any more questions, apologies it's a bit complicated.
 

[AndyOrch]

Quote

I have asked Dryden for a 2 day extension to submit docs, awaiting a response

 

What date did the court order you submit/serve a fully particularised defence ?

[Julio4]

I submitted a letter to the judge on 29.07.22

 

Then another claim form from Dryden came through, and then a different judge from before, has recommended a small claims track hearing for 17.11.22
 

Edited November 3, 2022 by Julio4
Adding text

[AndyOrch]

Sorry that does not answer the question after your set a side hearing you should have received court directions possibly an allocation DQ form which sets the hearing date for the claim...it should have advised you when to submit a defence/statement ?

 

In your second post you advised that you wish to submit a defence in response.....was you given a date t file and serve ?

[Julio4]

On 29.07.22

I received a letter from Barnsley Court

a notice stating that this is a defended claim and I must fill out an N180 form, and that I must file form by 15.08.22.

 

Then on 09.09.22

I received a notice from Barnsley stating that this has been allocated to a small claims track with a hearing on 17.11.22

 

Dryden has refused two day extension so must submit today.

 

 

 

 

[dx100uk]

1 hour ago, Julio4 said:

Then another claim form from Dryden came through,

claimforms dont come from a solicitor they come from northants bulk.

 

scan the above up (front page only) 

and is it a different claim number from the one you got originally that started all this? with a diff date top right?

 

dx

[AndyOrch]

Quote

Then on 09.09.22

I received a notice from Barnsley stating that this has been allocated to a small claims track with a hearing on 17.11.22

Yes that's the Notice of Allocation which contains the Courts directions on how the claim will proceed and what dates you must comply with so you will have a date on there when you must submit your statement/defence.

 

You say Dryden has refused two day extension so must submit today....well its not for the claimant to agree or disagree only a court can do that and you cant delay Directions dates even though you have written to the court requesting this.

 

So by you stating you must submit today then I assume the date for filling your statement/ defence is today 3rd Nov 2022 by 4.00pm.

You will be okay filling tomorrow as a certain leniency is allowed for litigants although it would have been better if you had started this topic say last week or the weekend just gone.....not the day before its due.

 

I'm sure my Site Colleague @dx100ukcan point you to previous successful particularised defence/statements. In the meantime read around similar topics and look at how a statement should be formatted and what content is required to make it CPR compliant.Have a go drafting the statement with your circumstances and post here so we can finalise it for tomorrow to email and file/serve on the court/claimant.

 

Andy

[Julio4]

Hi Andy

The post is late due to being let down by a legal advisor last minute, whom I was relying upon to help draft statement. Also, I care for a parent with dementia and have had very little time off recently.  I got an email from the court just now saying that the judge has agreed to extend filing to Monday 7th at 4pm.  I will come back shortly to dx100's last question. - Thanks again.

 

 

 

[dx100uk]

lots of erudio set aside 

threads here use our enhanced google searchbox.

 

but the basics will be 

 

The Claimant's claim was issued on dd/mm/yyyy.

 

 The date last deferment made was sent on the dd/mm/yyyy 

 

  The Claimant's claim was issued on (insert date).

 

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.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied

 

 

Statement of Truth

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.

Signed: xxxx Dated: xxxxxxx

 

[dx100uk]

here is another one.

 

CLAIMANT
ERUDIO STUDENT LOANS LIMITED
– AND –
DEFENDANT
XXX (PREVIOUSLY XXX)
DEFENCE OF XXX
I, xxx of, 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 [approximately and probably no later than] send date of xxxxxx directly to Student Loans Company Ltd. 2. The Claimant's claim was issued on xxxxx

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 £xxxxx or any other sum, or relief of any kind is denied.
Statement of Truth

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.

Signed: xxx
Dated: xxxxxxxxx

 

..................................

 

what date have drydens to serve you their statement?

[Julio4]

They have already issued their statement, should I post on here?

 

One noticeable point

2. It is denied that the Defendant deferred her loans. The last deferment dated ended on 9 September 2014. As a result of the Defendant failing to defer her loans, she was served with a Default Notice and subsequently, a termination Notice. At the point of termination, all contractual rights were lost including the ability to defer her loans.

 

 

I previously asked the former litigation officer for all the correspondence between myself and Erudio, and he only gave me part of it.  I think because he did not want me to see the 09.09.14 date.  They have also lied on their witness statement saying that I phoned the office on May 2020.  I have never phoned their office.  The first time I made contact was Nov 2021, they then failed to respond my contact until May 22, when we had a telephone hearing.

 

 

Edited November 3, 2022 by Julio4

[dx100uk]

yes scan it ALL UP to one mass PDF inc exhibits

you should have done this first

 

you need to pull it apart as in this thread:

 

 

 

2 hours ago, Julio4 said:

It is denied that the Defendant deferred her loans. The last deferment dated ended on 9 September 2014.

thats useful as it CONFIRMS that the debts ARE statute barred as the SB date will run from when you SENT That deferment to SLC - sept 2013.

+6yrs is sept 2019, and the default notice, issued some many YEARS after last Ack , as you'll see in the linked thread above, can't be used to reset SB date.

 

dx

[Julio4]

Hi dx

see pdf attached

Thanks

 

 

 

 

 

Witness Statement & Exhibits - v3-compressed.pdf

[dx100uk]

wow i wish everyone was so technically able as you.

great work

i've removed the statements as they are not needed and i should have told you we dont need them.

 

pretty much STD.

 

for ease of ref

 

your defence was:

 

The Defendant contends that the Particulars of Claim are vague and generic in
nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5
(3) in relation to any particular allegation to which a specific response has not been
made.
1. Paragraph 1 & 2 are noted the Defendant has in the past had financial dealings
with the original creditor - The Student Loans Company. I have deferred the loans
as I have not yet earned above the threshold.
2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice
pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the
original creditor, nor of any legal assignment pursuant to the Law and Property Act
1925 section 136 (1).
3. It is not accepted with regards to the Defendant owing any monies to the Claimant
and the Claimant is put to strict proof to:
a) show how the Defendant has entered into an agreement; and
b) show how the Defendant’s alleged debt has reached the amount claimed for; and
61 / 84
29th July 22
Page 2
c) show the nature of breach and service of a Default Notice and subsequent Notice
of Sums in Arrears in accordance with the Consumer Credit Act 1974; and
d) show how the Claimant has the legal right, either under statute or equity to issue a
claim.
5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the
allegation that the money is owed.
6. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied
that the Claimant has the right to lay a claim due to contraventions of section 136 of
the Law of Property Act and section 82A of the Consumer Credit Act 1974.
7. By reasons of the facts and matters set out above, it is denied that the Claimant is
entitled to the relief claimed or any relief
I would also like to add that I intend on making a counter claim against the
claimant, as I had contacted them in November of last year with my new name
and address, and this correspondence was ignored for six months. There are
documents that are still outstanding from Erudio and Dryden Fairfax. I have
made contact with at Dryden Fairfax this week regarding
acknowledgment of service, but have not had a response.
Yours sincerely,

 

......................

 

nice to see our work used to good effect!!

 

................

 

note to future readers

never ever ever contact the fleecers or their dogs , always reply to THE COURT.

 

 

...............so

that thread i linked too should give you everything you need.

[AndyOrch]

Don't forget to use the updated statement of truth in your conclusion.

 

" 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."

[Julio4]

Thanks Andy & DX. 

Should I use parts of this old defence or just stick to the SB'd statement moving forward?

A solicitor that was assisting me previously suggested I make a counter claim for schedule of losses, and attach a N9D form.  As they left the CCJ on file for 6 months even after I wrote to them with with new name/add, meaning I could not get a mobile phone, wifi etc.  I am in two minds, and wonder should this be a separate issue, thoughts?

 

 

 

[AndyOrch]

I wouldn't make a formal counter claim, there is a fee and you will have to prove actual loss. However there is nothing to stop you adding a paragraph towards the end of the statement informing the court how their actions have damaged your credit file which has caused problems in attaining credit.

[Julio4]

@dx100uk Should I present the points used for defence previously ( which were from CAG, thank you) and add the points about SB, or just use the facts about the loans being SB'd?