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

[pellegrino]

There were payments made sporadically from 2009 onwards. If you have a look at the pack I sent over, there is a signed D10 form on Aug 13.

However, there is no letter stating it is actually deferred. Prior to 2009, according to the statements there were no payments made and there are no deferment forms. I think this is the period when the debt is SB'd.

The clock was stopped just a few months before the 6 years from 2013 onwards, but surely the court would question why they have taken so long to apply for the lift, etc.

I rang SLC and they said they have no records and have to contact Erudio. I'm presuming Erudio hasn't got this information as it would be in with the legal pack.

If this was years ago and I was still an idiot, I would have just ignored all of this and would be probably unaware of the whole ordeal!

Although still an idiot, 27 years later. I've got a lot more to lose and want to make sure I do everything correctly. A top credit score is a valuable asset in this day and age.

If I think they have any chance of winning, could it be worth me ringing and making a deal with Dryden? 

[dx100uk]

so prior to these random payments beginning 2009

prior to that there is no record of deferment nor payment going back 6 yrs.

and you dont remember or did not have contact with SLC nor anyone in those 6yrs ?

dx

 

[pellegrino]

I think I'd have deferred in the first three or four years. Maybe just until 2000. Other than that nothing. I have no recollection of paying anything but the statements show otherwise. Maybe my mum at the time did something! Unfortunately, she's not around anymore to ask. 

I'm fairly confident there's no contact between 2000 and 2009 which would make it SBd. Surely Erudio would have put all of this paperwork in if they had it. The payment I must have made in 2013 would have been maybe paying something that was already SBd. Other than that payment in 08/13 I had no contact at all. Unfortunately, they put the claim into the court just before the six years had lapsed again. They let it sit stayed for nearly 3 yrs!

[dx100uk]

missing the point ive made several times

the debt was already SB's if you did nothing 2000 going fwd 6yrs

you nor no-one can THEN unbar an already SB's debt.

it's obv and that why erudio dont (or wont) show the info on those yrs as it would confirm SB status from 2006.

 

 

[pellegrino]

OK DX thanks. I do understand the statute barred points that you've made. I'm just covering myself belts n braces. Sorry to irritate! I really do appreciate what you're doing. You're a lifesaver.

I was just reading another similar thread and it mentions the 25 yr old timeline for the debt. My debts were year 96. You mention on that thread that the 'stop the clock' doesn't stop this from running?

If this is the case then I can break out the fine China.

I'm just worried sick about getting a CCJ and want to be prepared.

 

[dx100uk]

its usually fake arrears that have already stopped age write-off, though if its relevant in your case, i'e if it were not for this current issue your debts would be gone or near to it? is this your case too? if so there is no harm in mentioning it in your statement . the claimant i feel purposefully raised the claim on date xxxx to halt my natural write-off under SLC rules.

[pellegrino]

The loans were year 96 and they were terminated by erudio in 2017 and passed to Dryden in 2019. It then went to the courts in 06/19. It has then been stayed up to the present. That's 27 years or do I lose the right to cancel as they terminated the agreement in 2017?

Another thing I noticed they haven't put in the pack are the endless amount of letter from 'ARROW' and other DCAs which all seem to be the same company. I remember several offer letters. Reduced payment if settled etc. Back then I just binned them as I thought they were just scammers who bought debts but I'm a bit up to speed on it all now.

Will the court send me a statement letter or do I have to contact them? Presumably, when I do the statement I send it through as late as possible?

[dx100uk]

6 minutes ago, pellegrino said:

Will the court send me a statement letter or do I have to contact them? Presumably, when I do the statement I send it through as late as possible?

eh?

you've got to do a statement, look at what the others have done, and the n244 helpsheets on the .gov site, usually its 7 days before the hearing,  it should tell you on the n244 or on the hearing date letter..... does it not?

so you've also not gone on the slc site and read the various write off criterias? to find which one applies to you so you know what to quote?

you need to so you know what applies to you if erudio had no involvement

 

[pellegrino]

I have just asked the question whether the court is still yet to send me the statement form which I need to fill in? All I have received today is the pack from Drydens. 

On the topic of the N244. There is a form in their pack which is filled in by Drydens. There doesn't appear to be anything sent in their bundle for me to fill in. Hence the reason why I am curious as to whether the courts send me something out to write my statement.

The only defence I have written was the initial defence and counterclaim form in 2019 before the debt was stayed.

As to the involvement of Erudio. I was under the impression that they took over all the slc debts in 2013. The agreement was terminated in 2017 when it was with Erudio. 

I've read up what I can regarding the write-offs but I thought you might know having dealt with other cases similar if not the same as mine.

I don't want to go to court if I'm going to lose. I'll just pay them as my career is worth a hell of a lot more than 4 grand!

 

[dx100uk]

sorry im not being funny but its very wasteful of the little time some of us volunteers get to help people when the info is here time and again and the rest is freely available by using a search engine like google. but people dont bother. we dont nursemaid

you write the statement in the required format it tells you on the hearing date letter what you must do by when.

go read N244 threads already here  as advised

you need to do that so you know what to do.

it doesnt matter if you lose in court just settle the CCJ by 1 cal month and it wont show. but i very very much doubt you will lose.

as for write off of course i know the criteria but like lots of things in your thread its obv you've not been using your time wisely.

the write off age depends upon your age too and when you took them out.

On 21/09/2023 at 22:00, pellegrino said:

As to the involvement of Erudio. I was under the impression that they took over all the slc debts in 2013

Erudio did NOT take over ALL the SLC 'debts' in 2013. there were sold over a period of time to three companies .

they are not debts, they are loans, that if deferred correctly and if the named person does never earn above a certain threshold never become due for payment and will become naturally written off dependent upon your age now and then.

if you were under 40 when signing up AND your loans were taken out before the end 1997, they are written off after 25yrs of when you were due to start repaying or deferring ( that would be the LAST year in your chain of loans for the SAME qualification) or when you reach 50, whichever is the soonest.

if you were over 40 at sign-up its when you reach 60, there is no 25yrs rule

[pellegrino]

Thanks DX. 

I assure you it's not a case of me using my time unwisely. I'm not sitting in my underpants, playing games, and covered in Cheeto dust! We're grafters! I have very limited time to research all this and I'm doing my best! Hence the early morning and late night posts on here!

I've googled etc, but seem to find conflicting information regarding old student loans etc. It seems to me that if you haven't deferred each year like myself and defaulted. Then the rights for the loan to be written off become null and void. 

You mention that if I do lose. As long as the debt is settled in one calendar month then the CCJ doesn't show? Would this mean I haven't actually received a CCJ and I'd be in the same position as prior to walking into the court? This is really my main worry. As long as I still have a clean credit file then I'd be happy with that. If a judge says I owe it then I owe it.

I'd imagine that a decision probably won't be made on the day anyhow if we both argue the case.

I've read a few threads regarding ERUDIO lifting stay etc and they all seem to come to a dead end. I'm looking for examples of cases like mine that are a bit more advanced but can't seem to find any.

Once again, sorry to be an irritant. This just isn't my field of expertise!

 

 

 

[FTMDave]

13 hours ago, pellegrino said:

As long as the debt is settled in one calendar month then the CCJ doesn't show? Would this mean I haven't actually received a CCJ and I'd be in the same position as prior to walking into the court?

Yes, exactly.

[dx100uk]

examples the kind of statement you need to construct.

17 hours ago, pellegrino said:

I've googled etc, but seem to find conflicting information regarding old student loans etc. It seems to me that if you haven't deferred each year like myself and defaulted. Then the rights for the loan to be written off become null and void. 

if you made no contact in a 6yrs period and then latterly 'something' moved things fwd, that doesn't undo the fact it's still statute barred nor does it negate write off criteria.

a default notice or arrears reported several years later neither negates your write off potential.

dx

[pellegrino]

Many thanks, DX.

I think going forward I'm going to stick to the fact that the loan was SB'd before ERUDIO took over. Looking at the 25-year write-off, I doubt I can use this as I would have had arrears and didn't defer. As you say it's up to them to prove it isn't statute-barred.

I'm going to get the dreaded VAT done and get that out of the way!  The cogs of industry must keep turning..  Then I'll get cracking with the witness statement over the next week. 

I've had a good read up on here about a few similar cases but haven't found an Erudio SB'd case that has gone to court.

I'm a bit happier now that if it all goes against me I can just pay it and avoid a tarnished credit file. 

[dx100uk]

If all this had not happened what would be your write off year .?

 

[pellegrino]

It would have been 2021-2022 as I only did a year at Uni. I'm the tender age of 47. 

[dx100uk]

i dont think there is any harm in mentioning in your statement that your natural write off happened on xxxx date . just as simple as that.

i think it is useful to also mention the claimant raised the claim in 2019 as has left the claim stayed for xxyrs + xxmts before attempting to lift the stay, hoping p'haps i had moved and would receive nothing and they win by default.

[pellegrino]

Good evening,

I've been having a bit read-up about lifting stays and they mention that the claimant must give a reason for the delay in dealing with the claim.

As this has been stayed for nearly 4 years, I'm presuming this is something that I can mention in my defence? Surely this must be relevant. I can't see what reason they could give for taking so long.

I'm going to keep my witness statement as simple as possible using the SBd argument as my main defence. 

I'm going to ring the court on Monday to see exactly what form I need to fill in as I haven't been sent anything. I know I can print the NL22 form off but I'll double check with the court to make sure.

 

cheers

 

 

[dx100uk]

there is no form as ive said before

On 21/09/2023 at 23:13, dx100uk said:

you write the statement in the required format it tells you on the hearing date letter what you must do by when.

you MAKE the statement as others have.

[Nurselayer]

On 29/09/2023 at 21:36, pellegrino said:

Good evening,

I've been having a bit read-up about lifting stays and they mention that the claimant must give a reason for the delay in dealing with the claim.

As this has been stayed for nearly 4 years, I'm presuming this is something that I can mention in my defence? Surely this must be relevant. I can't see what reason they could give for taking so long.

 

 

 

Hi Pellegrino,

Please could you direct me to the information about where they need a reason for a delay in dealing with the claim as this might affect my defence too.

As for the Student Loans being written off after 25 years or when you reach 50, I'm pretty sure this is only if you have continually deferred the loans for that period.  I still think you should include it in your defence/witness statement, just don't be surprised if they throw that back at you.

I'm working on my own defence at the moment so will try and post some more info on my own thread - I hope that it will be of use.

 

[dx100uk]

missing the point, it's not - well if  (or Not) id done everything i should have it would have been written off by now, it's just pointing out another matter of fact of the story . if it's relevant or not is immaterial. thats not for anyone to decide bar a judge.

things that might or might not be 'strictly relevant' should be included. this includes things like never earned above any threshold too. however just like the write off date,

if you mention it you must be sure you are quoting it correctly, its not 'just' a case of 50yrs old or  25yrs!!, understand that a claimant, even though your point is p'haps/might appear irrelevant to your 'actual' situation, if you quote or state it incorrectly, they will jump on your and you will lose that browny point in judges minds eye.

dx

 

[pellegrino]

It all just seems to go around in circles on here. I've given up panicking about it.

I'm just going to push the sb'd defence as much as possible and keep my mouth shut. I'm not a lawyer and can only read up so much. 

I'll ring the court tomorrow to make sure I've done everything I should have. 

If I lose, I'll pay it within 30 days and that will be that.  It will sting for a few days, but I'll live.

[dx100uk]

have you done and sent your statement? you'll lose if you dont by default, you cant 'just turn up' and say here it is

[pellegrino]

Hi

I'm sitting doing it now and getting it sent away over the next few days recorded delivery to the court and a copy to Dryens. I'm just going through each point on their witness statement. Pretty happy with it.

The more I read, the more confident I am. I think, judging by reading other posts that I've got them, on the original notice of assignment. They haven't supplied the SLC Notice or an original SLC termination letter. It's not supplied in their pack so they mustn't have it. They've just sent their 'made-up' ones. Presumably, as I've never responded to these, then I've had no dealings with them.

I'm just about to go through the BMW VS Hart defence. I remember you saying this is an HP loan and not applicable.

 

[pellegrino]

Hi folks,

My case has been stayed now for 3 years now until they applied for the lift. Surely the judge is going to question them as to why they've taken so long. I'm sure COVID will be an excuse or something.

I was just wondering. It states I have to file and serve my defence seven days before the hearing date. I'm emailing the court and also sending a copy recorded del to the court for belts and braces. Should I send a copy to Erudio too?

cheers