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

[dx100uk]

looks like they did an n244 which they should sent you.

plenty of erudio sj threads here, have a good read.

 

pop your statement ideas up early so we can help.

 

dx

[dx100uk]

not sure what in the last few posts you were up too but we need the complete n244 from erudio in one mass file pdf (or 2 if over 4.8mb sized)

in the order of the n244 they sent you. 

ive hidden all the posts as lots of your pdfs are duplicate or contain unredacted info.

 

[pellegrino]

Hi DX. I'm a tad stuck! I've worked out how to combine all the docs into one PDF. I was trying to send over the 30 pages of info I just received from the court. All the correspondence that Erudio has sent me and statements etc.

I haven't received any N244 documents. There is a letter in the bundle from Erudio saying that they would apply to lift the stay without further notice.

I have also received a summary judgment hearing date from the court.

[dx100uk]

cant get an SJ application / then a hearing on a stayed claim without an N244 being filed.

we dont need the statements

what does mcol claim history say has gone on.?

 

 

[pellegrino]

Hi,

My apologies. I have received the N244 forms which were sent in a letter with the notice of transfer of proceedings on 23rd June. I received the same bundle again this week along with the letter for the notice of hearing in October. MCOL doesn't let me log on anymore as Newcastle court said their system is very dated.

n244.pdf

[dx100uk]

had that since may then.........

get everything else they sent back up properly please.

dont need statements.

 

dx

 

[pellegrino]

Hi DX,

No, not since May. It was the back end of June when I received everything.

I'll get everything over to you again.

Thanks

[pellegrino]

Hi

There we go. Finally managed to get everything over.

Thanks

n244 full.pdf

[dx100uk]

well shame you didnt come here before you filed your defence.

should have just been it is SB's not the rest  but there we go.

there are quite a few erudio SLC loan claimform threads as well as SJ threads

Hart does not apply to an SLC loan as its NOT Hire Purchase loan. this is covered in them.

and the default notices were issued several months or even years after your actual last deferment/payment on each loan. the real SB date.

a creditor cannot just issue a dn when they feel like it....effectively running the SB date to infinity by deciding that date at their choosing. again covered in the threads here.

 

dx

 

 

 

[pellegrino]

Many thanks DX. When I filed my first defence I just looked at examples on the posts from other people in the same situation. I'm obviously very new to this but I'll check everything out on here with you before acting.

Going forward, I'll have a good read-up on here as suggested. I will attend court when the date arrives. Is there anything else I can do in order to prepare? 

I have to say you all do a fantastic job what you're doing. I'd be even more clueless without this forum!

 

[Nurselayer]

Hi Pelligrino, 

Is there anything else you can do in advance of the court date? 

I'd say there is. 

Did you originally send an CCA S.77 request? If so, what did they send you?  When I sent my S.77 request they have only sent me the first page of my agreement.  I would contend that because they've not sent the 2nd page that it means that Erudio are in breach of the CCA 1974 act.  Which would also mean that until they fulfil the terms then the debt is unenforceable.   DX may confirm, or disabuse me of this notion.

I too am going through the process of fighting the Doyle/Hart argument submitted by Erudio so I will follow your case with great interest.  My hearing is a week after yours.

[pellegrino]

Hi,

I've had a look at some posts on here but can't find much about what else I can do until my court appearance. I can't actually remember if I sent Erudio a CCA request. I think I may have done as I remember sending something years ago but obviously, if I haven't got any evidence of doing so it's pointless anyhow.

Any guidance or advice would be greatly appreciated.

Thanks 

[dx100uk]

you need to do a statement about 7 days before the hearing if you read the n244 i think

lots of them here in like threads

you need to take theirs and rip it apart para by para in yours.

but the bottom line is the debt is sb'd? as you never deferred to eurdio ever.

dont keep disappearing!

no point in a cca request as the agreements are in your n244 pdf. and anyway, if the debts sb'd what they hold is irrelevent.

 

dx

 

[pellegrino]

Hi DX,

I have had a good look through all of my docs sent from Erudio and the courts. I haven't found anything about writing a statement. The only form with N244 marked on is the application notice which has been filled in by Erudio.

Will the courts send more documentation out requesting a statement?

I just want to be prepared for going in. I noticed they said I made a payment to the original creditor on 28th Aug 2013. I can't remember doing this at all but I'm pretty certain the debt is still statute-barred which is my main defence.

Any advice on what to do in preparing for the big day would be great!

Many thanks

[dx100uk]

you'll get notification from the court.

just have a read thru some of the existing N244 threads already here.

use our enhanced google searchbox

drydens N244

[pellegrino]

Hi,

That's great I'll wait for that to arrive.

As Nurselayer has just mentioned requesting the full CCA S77 from Erudio? I haven't done this.

I did notice in the pack they sent me that there are just a few really bad photocopies of the agreements.

On one of the loans it has had the name amended and is handwritten with only the name of the college.

My address isn't even on this form.

[dx100uk]

if the debt is SB'd it doesnt what paperwork they have,

now re reading your thread ....you already have a court date in october havent you...

 

dx

 

[pellegrino]

Yes, I have a court date at the end of October.

I'm just looking through all the docs that Erudio sent through and by the looks of it they do have a signed D10 form dated 19/08/13. Not that I have any recollection whatsoever of signing or filling anything in. The claim form from the court was 03/06/19. Does this mean it isn't SB'd? 

The other thing I've noticed when looking through the SL statements of account is the fact that there were no payments made at all from 1996-2008. I'd imagine that when I was at Uni I would have deferred for a few years but from 2000 onwards I just can't recall filling anything in. I wasn't the sensible individual I am today! Would this mean the debt was already SB'd all the way back then anyhow?

Just on another note. I have nothing listed on my credit file and it's been squeaky clean with a high score for a good 20 years now. There has never been anything from Erudio or Student loans etc appear on this.

 

[dx100uk]

student loans dont appear on credit files,

urm it would be fun to find out if you did not defer 2000 - 2008 ....if there was a 6yrs period yes sb'd back then.

that time would have been with SLC so you'll need to contact them.

and ofcourse these are obv the same loans erudio are going on about just to check i expect so

if you can prove no deferment 2000-2008 you should be home free .......good work.

 

 

[pellegrino]

Thanks DX, I'll give them a ring and find out.

Yes, they were the same loans. So hopefully it will be double sb'd!

My worry with the more recent sb'd period is the signature of the application to defer is a few months within the 6 years.

A payment was also made in August 2013 to SLC.

I have no recollection doing this at all which I find very odd.

Erudio then whacked in the court claim just a few months before the 6 yrs was hit.

I've read that this stops the clock. 

[dx100uk]

if it was already SB'd it cant be unbarred.... not even a judge can do that. so nothing later matters.

SLC should have records. they still remain an overall administrator .

 

[pellegrino]

Hi,

I rang student loan company today and requested the dates of the times I deferred my student loan. They said they had no information regarding the loans as they were now with Erudio.

The paperwork that Erudio has sent me in relation to the case. Has nothing about deferment dates. They do have student loan statements running right back to the start of the loan but nothing else. I'm starting to think that the paperwork they sent me through that is everything they have.

As I mentioned before I'm pretty sure the loan was sb'd before Erudio took over but it doesn't look like they can prove it was deferred prior to this. Obviously, I can't prove that I didn't defer them but my statements show no payments were made.

Any idea where I should go from here?

Student loans said to ring Erudio but I wasn't keen on doing that until I asked you. It's certainly looking like all the bumph they sent me is everything they've got.

thanks

[dx100uk]

well the benefit of SB is they have to disprove your claim, not you have to prove it.

so if they have indeed no data that you did defer, then their claim will fail.

[pellegrino]

Hi DX,

The post arrived today and yet another pack from Dryens arrived. This is the 3rd pack I have received with the same information. Hearing notice, Claimant's N244 application, and their witness statement.

I'm just short of a month away from the court hearing and I'm obviously getting a tad anxious about the whole thing! 

I've never gone through anything like this and just not sure what to do going forward. I haven't received anything else from the court as of yet apart from the hearing notice.

Any advice would be appreciated.

Many thanks

[dx100uk]

On 16/08/2023 at 20:15, dx100uk said:

you need to do a statement about 7 days before the hearing if you read the n244 i think

lots of them here in like threads

you need to take theirs and rip it apart para by para in yours.

but the bottom line is the debt is sb'd? as you never deferred to eurdio ever.

 

 

dx