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

[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?

[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

[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

[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?

[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

[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.

[dx100uk]

you cant mix anything with sb, but insure it's the one that mentions about default notice many years after and running SB date to infinity etc etc.

 

its above i think 

bad weather here out herding sheep to safety.

cant scroll back easy.

[dx100uk]

did the refund your £275 N24 court Fee if thats what the judge ordered?

 

your last deferment to the SLC (you need to add whom you sent it too) before the Gov't sale of all remaining unsold Mortgage style student loans in late 2013  must have been 2013 not 2014, as drydens state it expired sept 2014 (1 years term). their WS sec 34 ii. refers.

 

you also need to address the default notice so adapt yous to include

 

The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X 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.

 

 Therefore 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 true cause of action for breach accrued for the benefit of the Claimant.

 

 

 

[dx100uk]

eh?

not sure why you are so confused

the CLAIMANT states the date in their WS.

 

end of your problem.

you dont HAVe to prove SB, the CLAIMANT does, and they have shot themselves in the foot by para 34 ii.

 

just follow what i have suggested.

 

dx

 

[dx100uk]

no that one is +100miles south

[dx100uk]

Last deferment was 2013 not 2014.

Dryden's are mistakenly quoting its end date for some reason.

 

 

Dx

[dx100uk]

Well its years not months.

So sept 2013, till issue date of the DN.

 

Dx

[dx100uk]

You phoning anyone does not and cannot reset any statute barring. The debt was already statute barred at the time of the original claimform, not even a judge can unbar an sb'd debt 

 

Forget the sar's . Pointless. 

 

Dx

[dx100uk]

counterclaim.. where have we ever said anything about counterclaiming......!!

[dx100uk]

again you have expressed you last deferent wrong.

you need to clarify that drydens stated date is the expiry of the 1yrs deferment you send 1 yrs earlier, that date is the sb date.

 

i really do wish you had told us the full story when you came here, like counterclaiming and the fact you live outside the uk. you cant claim attendance cost of £95 because you are taking time out to attend ....whilst not in the uk. you should request a telephone hearing too?

[dx100uk]

none of that really matters.....

the claimform was issued on (from drydens ws) 

19 The Letter Before Action failed to obtain a response and so a County Court Claim was
issued on 14 December 2020.

dryden have stated in their ws at point 34 

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

which means again in black and white drydens are acknowledging your last deferment WAS 09/09/2013, so thats the SB clock start .

so a note to YOU and any future readers.

there is a greater than 6yrs gap between 9 September 2014 and 14 December 2020. the debt WAS statute barred before the issuance of the claimform. 

over rules everything you mentioned.

as for the default notice, it DOES NOT reset the SB date

nest time and again for future readers, tell us the full story

and DON'T do anything further unless you check with us first.

you came here for help, stop doing things, even innocently, that you THINK are correct but means you are shooting yourself in the foot by believing CRAP the claimants or their dogs state in their WS to PANICK people.

they LIE!!

hoping you nor the judge will spot it or bring it up.

 

 

 

 

[dx100uk]

it is not unethical and disgraceful.  end of . no such thing...

 

harm to getting credit and your rating is another matter but harrison etc never got to far with that in the end.

[dx100uk]

std practice for drydens only sent to intimidate and harass.

 

dx

 

[dx100uk]

dont allow any little chats before you go in.

smile walk away.

 

there never was and it's immaterial there is any written acknowledgement of the debt within the 6yrs. no case has ever been lost due to this one letter acking a debt syndrome people think exists on wiping out claims of SB on debts!!

 

the issue they will raise is the default notice means its not SB'd .... thats what you need to refresh yourself on . as that was some 3-4yrs after last deferment and cant be used by a creditor to effectively run sb to infinity.

[dx100uk]

and thats what you must read up upon to suitably convince a judge you are of course correct.

 

there are numerous wins here regarding drydens DN nonsense 

[dx100uk]

sorry you lost the case, sadly you suffered just lottery... cause thats what has happened here.

 

if you want to nail them in their box

file an n245 to the court for say <£20PCM.

the ccj will show in the public files/ judgements section of your credit file and will sadly kill credit for 6yrs, paid or not paying or not.

 

 

[dx100uk]

the thing you need to bear-in-mind is that drydens , erudio, capquest are all part of the Arrows Group.

Arrows group in both E&W appeals court and Latterly in the Scottish court system won their appeals that statute barring start from DN date +14 days.

 

you have no room to complain about anything sadly.