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

[dx100uk]

please post on YOUR OWN THREAD.

dx

 

posts now moved over.

 

 

[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

[pellegrino]

Oh sorry..again.

It seems like I'm constantly getting told off on here! I'm the naughty boy in class!

I thought you just joined in the conversation that you thought was relevant.

[AndyOrch]

2 hours ago, pellegrino said:

thought you just joined in the conversation that you thought was relevant.

Of course as you are in a similar position to the OP here and you was asking a question in response to my post. You should be submitting a statement in response and objection to their application to lift the stay after 3 years...its not a defence you have already filed that.

 

Andy

[AndyOrch]

Not a defence, File and serve a witness statement in response/objection you have already filed your defence.

IS their application to lift the stay only or strike out defence/summary judgment also ?

 

Andy

[pellegrino]

Hi Andy,

It's for all of the above.

[AndyOrch]

Then you need submit that type of statement which objects with reasons to all 3......there are plenty here that I have previously drafted for other users.

[pellegrino]

Hi all,

Had my day in court yesterday and it didn't go as planned. To cut a long story short, all my arguments were pretty much shut down by the judge.

The end result was the stay wasn't lifted and a tomlin order was placed on the debt. She instructed DRYDENS that this had to be arranged with me within 28 days.  She explained that as long as I stick to whatever is agreed then all is well. Obviously, I didn't want to pay a bean back but the Judge made her mind up. She also instructed Drydens that they needed to be pragmatic in what the arrangement of payment is with me.

She was very pleasant and it was all quite a pleasant experience apart from the result. One thing she did say was that I was given bad advice on not having a discussion with the Dryden representative before coming into court. This may be something worth noting as 'smiling and walking away' didn't work on this occasion.

So what happens now is the big question. 

These are the possibilities:

Speak to Drydens and arrange a settlement figure. Pay it. End of story.

Speak to Drydens and arrange monthly payments over a period of time.

Drydens may not agree with the court and refuse Tomlin order. If so the claim is stayed so does that put me back to square one? 

I'm just not quite sure how it all pans out from now.

The judge definitely was kind of on my side in not wanting to hit me with a ccj.

Should I contact Drydens or is it a 'ball in their court' scenario?

I just want to make sure I'm doing everything I should be but also hoping Drydens don't do what they're meant to do in the 28 days.

Presumably that will put me back to where I was.

cheers

[dx100uk]

so actually you won because the stay was not lifted, their attempt at getting a judgement failed.

had you had the chat that would not have been the case and erudio/drydens would have won the SJ against you.

now im trying to unravel what the judge actually suggested here?  

i think :

14 minutes ago, pellegrino said:

The end result was the stay wasn't lifted and a tomlin order was placed on the debt.

drydnes have got to suggest the wording of a tomlin order which must be mutually agreeable with you (say..£PCM for xx years? <£50PCM IMHO??) within 28 days. a tomlin would see the CCJ registered if you fail it at any time? 

now if they dont do this in 28days - the claim remains stayed and they'll have to try again in court? as their n244 failed and was not granted?

@Andyorch - is this correct if their lifting of the stay failed? 
 

[pellegrino]

The only real threat that the judge made towards me was that if I failed to keep up with the agreement of payment then she would slam the CCJ on me.

She said the 28 days started from now (yesterday) for them to arrange the Tomlin. She did say to the Drydens rep that "they won't like a tomlin order". Presumably, they can't get their money back quickly this way.

The Dryden rep also said they would be seeking full costs (£1400 ish) and she said they needed to be pragmatic towards me when arranging the payment plan with me.

 

[dx100uk]

posts moved to your own thread

they cant inc their costs in their tomlin, they lost the set a side.

so as i suspected tomlin order within 28 days , if they dont make contact in 28 days after that you then ignore them.

they broke the judges orders let them return to court.

if they do then offer what i said, they'll ask for an I&E, fill that out, make sure you inc every last sock you family needs and things like pet ins, make it so you have very little money.

nothing gets registered on your file about this unless you break the tomlin.

dx

 

[pellegrino]

Thanks dx,

The strong advantage of being self-employed is the fact I can make it look like I'm absolutely destitute if I need to! Fingers crossed that their admin is slow and doesn't reach me within the time limit.

I think it may be worth dropping a note through the courts to the judge if time is getting on just to cover my back to show that I'm willing to make arrangements etc but have heard nothing. Only in the last few days maybe? But I'll cross that bridge if I come to it.

The judge said I'd get everything in writing from the court so I'll see what all that says first and report back.

Thanks for your help through all this. You've been an absolute star.

[dx100uk]

25 minutes ago, pellegrino said:

The judge said I'd get everything in writing from the court so I'll see what all that says first and report back

best idea lets us check things too. scan it up when you get it

dx

 

 

[pellegrino]

Definitely. I'll get them over once received. cheers.

[AndyOrch]

18 hours ago, dx100uk said:

within 28 days. a tomlin would see the CCJ registered if you fail it at any time? 

now if they dont do this in 28days - the claim remains stayed and they'll have to try again in court? as their n244 failed and was not granted?

@Andyorch - is this correct if their lifting of the stay failed? 

Yes if the Tomlin Order is not adhered to they can then proceed to request judgment.....but they would have to make application to lift the stay and request judgment.

[dx100uk]

so ...

they have to make this additional application because they failed to win the application for a SJ?

which means the CCJ is not automictically sitting there waiting to drop if the tomlin order now fails for any reason?  assuming they do knock one up in the 28 days the judge gave of course?

if they dont do a tomlin, they have to return to court again and reapply for sj?

and of course in either case of re application they might not succeed as the defendant has another chance to argue their claim?

 

[AndyOrch]

Correct DX although a Tomlin Order may state that any default would give recourse to lift the stay and request judgment its not an automatic as the claim is technically stayed so no judgment ...as yet.

[pellegrino]

Good evening folks,

Just received the letter for the Tomlin order from Drydens. They've enclosed a financial statement for me to complete and requested it should be returned to them no later than 13/11. One week before the court cut-off date. Presumably for them to prepare the Tomlin order.

I'm happy doing the financial statement, but do I have to fill in my partner's income as surely this hasn't got anything to do with her? As everything is split 50/50 would I just split my expenditures? Or would I get away with putting the full amount of say the monthly mortgage etc? Fortunately, as I'm self-employed. On paper, I look like I'm down to my last few scrapes of Lurpak so the income/expenditure will look like there's little, if any left over.

With regards to a payment offer, how should I play this? As the judge will see this I don't want it to look like I'm taking the Michael if you see what I mean?!

I also saw that it states that costs were 'reserved'. The judge did warn them during the hearing to be pragmatic regarding this.

Any advice would be appreciated.

 

Cheers

 

[dx100uk]

you put down the full expense of everything and inc her income too, though they cannot take that into account when demanding a £pcm figure.

[pellegrino]

Thanks DX. 

What does the 'costs reserved' side of things mean? Is this something at the discretion of the judge?

What would you consider a reasonable offer would be if looking at a % of what's left?

I want to offer as little as possible without annoying the judge if that makes sense! 

[dx100uk]

<£20PCM will be fine. gives wriggle room up but not by much

costs reserved, means they cant charge them until the judge decides.

they certainly cant, i believe, add any costs to the tomlin sum that were as a result of the set aside attempt..they LOST.

 i think it might be useful for you to inc a letter specifically asking for an up to date statement for your loans and where each time say in the last 1yrs the amount has risen, they must give a full breakdown of what the sum is specifically form./for.in relation too.

 

 

[pellegrino]

Thanks DX,

I was toying with around the £25-£30 offer. As I'm self-employed, my income fluctuates. Fortunately, this year's accounts look particularly rubbish which are what I'm using to work out a rough monthly income for myself and my partner. Do you think they'll request SA302 forms etc for proof of earnings? Say the last 3 years to get an average.

Yes, I may request an up to date balance as you say.

I also think I'll email the court once I've sent this off. I think it's best to cover my back. The letter I received today was dated 30/10. Then they want it back to them by the 13th. This is so they have a week to sort it out presumably. They do everything last minute! 

 

 

[pellegrino]

Hi mate,

The cut-off date is on Tuesday. This was the deadline for the Tomlin.

I sent the financial statement and offer to them recorded delivery which they received in ample time.

I also sent an email to the courts for the attention of the Judge just to cover my back. 

Just to explain I'd filled everything out that was requested of me and put an offer forward.

I enclosed the signed proof of receipt too.

They seem to do everything last minute so I'd imagine I'll receive a letter perhaps tomorrow or Monday.

I'm presuming if they don't sort the Tomlin order out then we're back to square one.

A judge surely can't slam a judgment on me if they fail to do what they needed to do in time.

I'll keep you updated!

I did receive my Erudio statements yesterday that was coincidental.

I felt like ringing them up and see if they'd strike me a deal!

 

cheers

[pellegrino]

Greetings!

Hope you're well. Drydens had until 4 pm today to have a signed Tomlin order back to the courts. I sent my financial statement and payment offer through, all in the timeframe required so I did everything from my side.

I have been checking the post like crazy and nothing has come through for me to sign. I have emailed the judge/courts to cover my back explaining the non-contact from them.

I contacted the courts today and they said nothing has come through from Drydens to the court regarding the Tomlin. She said there is nothing at all in the system.  This was after the 4 pm deadline

Presumably, that means it should all go in my favor as they failed to have the order in on time. I remember at the hearing the judge said to their representative that they wouldn't like it (The Tomlin).

So is it Miller time?!

 

[pellegrino]

Hi DX,

Just an update on my case. Drydens had up until 4 pm yesterday to present the judge with a signed Tomlin order.

I had completed everything that was asked of me. I filled in and sent off the financial statement and offer of payment well within the date requested. I sent everything recorded delivery and sent an email to the court containing the signed receipts etc.

I had been expecting something else to come through from Drydens to sign. A copy of the order to sign etc. Nothing arrived. No emails, no post, no phone calls.

I emailed the court/judge with an update explaining this just to cover my back.

Yesterday after the deadline had ended for the Tomlin to be submitted. I rang the courts and they confirmed that no Tomlin had been received and there was nothing on the system.

I emailed the court once again to request summary judgment in my favor on advice from the clerk of the court and again explained that Drydens had not contacted me in any way.

The next hearing is in December via phone. I'm presuming that this should all go well for me as they've failed to sort the Tomlin out.

Where do you think it will go now?

I've received nothing from Drydens apart from the financial statement they wanted me to fill in.

I'd presumably have to sign and agree to it before they submitted it to the courts.

The courts said nothing was in their system and I rang after the deadline of 4pm which the judge ordered.