Erudio/Drydens Claimform - Old SLC Loans - their N244 to lift stay/SJ Dismissed - they now 28days to propose a Tomlin.

[pellegrino]

Hi All,

To give a brief summary of the drama, I have 2 old student loans taken out /signed for on 27/02/96 and 17/07/96. Both totalling just over 3k.  Some years deferred, some years didn't and paid the minimum payment. Moved around a great deal and lost contact. The last time I deferred and filled the D10 form in was 19/08/13 with SLC.

Then Erudio took over and I received their Notice Of Assignment on 02/04/14. Ignored everything after this. No contact, no payments, nothing.

Then came Dryden Fairfax who's letters I ignored thinking it was just a DCA.

Then a court claim came on 03/06/2019 which made me sit up a little!

I had a read up and came to the conclusion the debt must be SB'd, I submitted my defence within the time limit. My defence was mainly on SB grounds and that I had no dealings nor signed any paperwork with Erudio. The total amount claimed was £4969.25. The court confirmed they had received my defence.

I have checked on the MOC website and the defence submission by myself was the last activity. 

2 YEARS LATER! (07/21) I receive another letter from Drydenfairfax. They claim in a nutshell that my limitation defence had no merit. This is due to the deferment being August 2013 and the claim was issued on 03/06/2019.  They state that they require payment by Aug 2nd or arrange a payment plan which may be formalised by means of a tomlin order.

go on to state that they will have no alternative but to apply to the court to lift the stay on the proceedings without further notice and that such an application will include an application for summary judgment. Their letter included the D10 deferment from Aug2013, my two credit agreements (both of which are illegible and have amendments to my name. One of which is addressed to the college). And their notice of assignment letter.

I'm presuming that the claim is stayed by the court as nothing has happened.

I have no searches or judgments on my credit report. It's squeaky clean!

I'm just really wondering where to go next with this?

My thoughts are just to wait for any letters. Ignore everything from DrydenFairfax and just submit another defence of statute barred if I receive anything else from the court, as this looks like it was accepted first time round.

Surely it must be quite difficult to get a stay lifted too.

I'm assuming too that the debt was statute barred or if the claim date has stopped the clock. If so, what about the two years of no contact by Fairfax?

Any help or advice would be greatly appreciated.

Thanks

[dx100uk]

i've moved you to our legal forum.

there are lots of like old SLC Claimform threads here whereby the claim remains stayed after SB defence filing.

 

what you have is pretty std for drydens to do , to see if you want to wet yourself now.

they typically go nowhere, just dont move without informing them and the court in writing for 6yrs.

 

there are no examples of the fleecers 'winning' on an SB case even if the do issue an N244 to lift the stay.

 

use our search top right 'erudio/drydens' and get reading up.

 

dx

 

 

[pellegrino]

That's great dx cheers.

 

I'll keep swotting up on here to prepare myself. I think the last letter that they sent was to see if they could trap me into setting up a payment plan with them. I'll just wait to see what they do on their side first.

 

thanks so much.

[dx100uk]

you might find the slc portal still works for you.

 

see what date they have for your last successful deferment.

[pellegrino]

Thankd dx.

 

I tried logging on but as I've never used the portal it looks like I'm not registered to use the service.

 

Just thinking on. The D10 form that I filled in on 08/13 may not have even got to deferred status. I only signed it and didn't fill anything else in such as proof of income etc. I'd imagine they would have wanted some further information and from the very pit of my memory I do seem to recall receiving a letter requesting this. However, I can't be sure, but I know I wouldn't have filled it in.

 

Maybe Erudio have used this D10 form, claiming it was deferred when it wasn't. 

 

Is it OK to ring the SLC to find out when I last deferred?! I'd presume it is as the debt isn't with them any longer? I just don't want to put my foot in it!

 

Great information on here by the way. Fantastic site.

 

Cheers

 

 

 

[dx100uk]

can you not register? i believe others were able to?

yes ofcourse you can ring SLC.

 

 

 

[pellegrino]

Hi dx

 

Tried ringing earlier on and there is no record of my customer reference number which was on the D10 form. Tried registering on the Gov slc website but no luck.  Looks like it must be an old loan which they don't have the details for any longer.  

[dx100uk]

Let it die...they will

[pellegrino]

Understood dx! That comment nearly made me spit my tea out!

 

I'll just keep an eye out for any letters coming through the post. My lake is calm again..

 

Thanks 

[pellegrino]

Erudio/Drydens claimform - 1993/4 SLC Loan - poss SB'd? - Page 3 - Financial Legal Issues - Consumer Action Group

I've had the same hassle with Erudio.

Received the exact letter in the post a few days ago.

The last status on MCOL is that my defence had been submitted.

I don't even think there is a 'stay' to be lifted. 

 

I'm 99.9% certain the loan is statute barred anyhow which I used in my defence.

Same as yourself, they sent me a blurred copy of some loan agreement from the student loans company. 

 

I'm probably just going to ignore it anyhow and keep an eye on MCOL.

 

The loans they're chasing are 25 years old now.

I've read that they're dead and buried now according to Martin Lewis!

Like yourself, I'm just fed up with them!

 

 

[dx100uk]

Open

[pellegrino]

Thanks for unlocking me!  Hope you're well?!

 

So Erudio got back again with exactly the same letter claiming to lift the stay etc.

 

As I mentioned on the other thread.

The last entry on MCOL was stating my defence had been submitted.

There was no record that it is stayed on MCOL.

Just the claim and the defence submitted, nothing else.

 

This was back in 06/19 if I remember correctly.

 

I'm starting to think these are just generated letters that seem to get spewed out by Erudio.

Surely if they could do something, they would have done it by now? 

 

As they have a MCOL claim submitted does this effectively stop the clock.

I believe it is very much over 6 years anyhow. 

 

I always keep an eye on MCOL for any updates but  doing nothing seems to work quite well at the moment.

Any advice would be fantastic. 

 

Thanks

 

[dx100uk]

if it was exactly the same letter

you are no.4. this week.

 

its actually a discount letter if you read it properly.

 

if your loans were already SB'd, and you filed our SB defence.

even though the claim stops any clock,

as with 99% of the SB SLC cases here 

they'll go nowhere fast.

 

dx

 

[pellegrino]

That's fantastic. I've had the old discount letter before but I was just concerned about the 'lifting the stay PART' when there isn't a stay on MCOL.

I'll not do anything with it as usual!

 

Thanks DX

[dx100uk]

It is stayed.

Go back and read rhe letter from the court confirming the receipt of your defence.

Its an automatic process

 

Dx

[pellegrino]

Hi DX,

Well... It's been about 3 years since our last conversation.

I currently have a claim for old student loans which have been sat in the courts since June 2019.

Your last message to me was to let it die!

I've just opened the post and have received a letter from the courts titled 'notice of transfer of proceedings. It states the claim has now been transferred to the county court at Newcastle for that court to hear the claimant's application for summary judgement.

It then says it will send me and other parties notice of dates, times and places of hearing. They (dryden fairfax) then sent their application notice along with a load of the usual copies of agreements etc.

My concern is that they're applying for the stay to be lifted, defence to be struck out pursuant to cpr and for summary judgement on the whole claim.

Costs order to be made and they've also stated my defence holds no ground. 

Any ideas what I should do? 

[BankFodder]

Please don't post solid blocks of text.

Post up the application notice in PDF format

[pellegrino]

How do I explain my situation then?

[AndyOrch]

With paragraphs and spacing and punctuation. 

 

 

.

[dx100uk]

not moved since have you?

dx

 

[pellegrino]

Hi DX,

I remember you helped a great deal last time. Hope you are well. 

I received a notice of 'transfer of proceedings' from the business centre to Newcastle upon tyne.

My claim has been stayed since 2019 and Erudio have put in an N244 application to lift the stay, defence to be struck out, a summary judgement and a cost order. They claim my defence does not raise any grounds with a reasonable prospect of successfully defending the claim.

I have regularly kept check on MCOL but haven't been able to get onto the site for some reason. I tried registering again but as I'm self employed I have several gateway IDs due to staff, vat etc.

No DX, I haven't moved since it was passed onto the courts. Still at the same address.

 

[dx100uk]

std practice now re N244 the.

lots of like threads here where erudio have done this in recent weeks.

we need to see ALL the N244 and their statement and exhibits in one mass PDF

read upload.

 

[pellegrino]

Thanks, DX. I'll do that as soon as I can.

I rang the county court at Newcastle today and she said there's a 3 month backlog on all the paperwork evidence, so it doesn't look like anything will happen fast.

I used to check it up on MCOL but she said that as it has transferred to Newcastle they use a very old system so it won't work.

[AndyOrch]

Quote

I received a notice of 'transfer of proceedings' from the business centre to Newcastle upon tyne.

That's why you cant check it with MCOL....their part has ended.

[pellegrino]

Hi all,

Just received a court date for Summary of Judgement on 24th Oct 23. It said 1 hr for the hearing.

Any idea what I should do in order to prepare for all this? I haven't got a clue what to do. Never encountered anything like this.

I was under the impression that the whole thing was stayed and couldn't proceed any further until they applied to lift it. Or has this already happened?

I'm just in the process of preparing all the documents to send over to you to have a look at. 

Any advice would be great.

Thanks