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Erudio/Drydens Claimorm - old SLC Loans - Stayed since 2019 - now N244 SO/SJ - *** Claim Discontinued***


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Why are you emailing your statement when its not been finalised ?

We could do with some help from you.

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Because it's 5pm. My case is tomorrow morning. I'd be lucky if they take it now....so I'll probably still have to change it....

Here is that page that was missing. 

If there is any other way I can help please let me know. Super grateful for the help I received!

Do you know if I must send my Witness statement to the other party as well or just to the court? THanks!

 

Claimants full N244.pdf

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17 minutes ago, Sarahswoes said:

Do you know if I must send my Witness statement to the other party as well or just to the court?

To the claimant also

We could do with some help from you.

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Thanks! 

Do you know can someone else represent a witness statement written by someone else? Sarah wrote it and witnessed it but Andy presents it?

If that happens tomorrow then your clever hearsay argument might work! Will keep it in my pocket!

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are we going to see the rest of the witness statement ?

we have the N244

we have exhibits

but only page 1 of the actual written statement showing only points 1-3 ?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Hi DX, Sorry, fell asleep as I was up all night last night writing that statement.

Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part. 

It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more.

So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing.

Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters.

What is the legal defence when they send you confusing material?

Edited by Sarahswoes
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Just in terms of witness statements. It's nomral that those who write the WX don't turn up for companies like this. They just use LPC advocates.

It won't be a lawyer representing, it will be an advocate.

Confusing paperwork isn't a defence, the defence is that they were charging you wrong amounts and didn't send required documents (As you say no deferral form).

You may also apply the Defence of thresholds where applicable or defences about paperwork missing certain things if that applis to you too. I don't have the time to check this sadly but you should know already.

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underpaid paralegal

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Posted (edited)

Thanks for clearing that up JK!

As far as I can see on their Witness statement  they do not admit to sending the deferral forms, even though they included the deferral forms in evidence.

Probably they cannot blatantly lie they actually sent them but this is a work-around.

Does anyone know what legal term I need to use to say they have to send a deferral form?

Edited by Sarahswoes
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org slc t&c's

use that FOS decision

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Just came back from court. It's adjourned for a very short time.

Drydens representative did not want to accept my Witness statement as I only sent it yesterday. She spent 20 minutes arguing with the Judge about it.

The judge adjourned it at the expense of court only as they let me know 6 working days ago.

The Judge gave an Order that the case is to be heard at the nearest available date and that no more evidence or changing statements is allowed.

(But I'm sure Drydens can find a way around that if there are weaknesses in what I handed in)...

The Judge said to use the rest of the hour to try to negotiate a settlement as it's such a small amount of money and a lot of court time taken. 

I stayed as he was nice and helped me out by adjourning at court's cost.

The representative went to make a phone call and came back and asked me:

Are you willing to enter in negotiation for a settlement?

I said:

what are you willing to offer?

She said again: 

Are you willing to enter in negotiation for settlement?

I said: 

I can't answer that as I don't know the legal repercussions.

And she said:

It's not a legal thing! 

I left.

I can't tell you how grateful I am for all your help!

Edited by Sarahswoes
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great exactly what andy pushed for.

time to breathe now.

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did the judge makes any ref to those emails/letters you sent to the court of recent?

just trying to gauge what of your evidence/statements are going to be considered if nothing further will be allowed?

sorry we should have warned you drydens will try it on before/after in little chats.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Thanks for the reminder to breathe DX!

The Judge has allowed my witness statement and the evidence I emailed to the court and Drydens yesterday at 5pm.

THe evidence I emailed to the court on Friday was the same as that attached to the witness statement.

But he said neither party can amend any more or submit further evidence.

I'll upload my full witness statement with the evidence tomorrow evening once I rest a bit so you can see what I submitted.

Edited by Sarahswoes
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:yo:good work well done.

dx

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • AndyOrch changed the title to Erudio/Drydens Claimorm - old SLC Loans - Stayed since 2019 - now N244 SO/SJ - Court Case Adjourned

Late notification of the hearing date therefore court error not allowing the stat 7 days to fully prepare and submit a statement in response.

Hence my addition to opening statement.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...

Update:

This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says:

Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date.

The enclosed Notice of Discontinuance has - for all of this claim - ticked.

I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim? 

Should I celebrate?

During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party.

I assume that they did not think they would win, therefore filed for Discontinuance. 

I'm just confused how this is in their favour as they will lose the money they spent so far. 

What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason? 

Let's see what their next move is.

Can't thank you enough for all your help!

 

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:classic_biggrin: Result ...very unlikely but not impossible

 

Andy

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We could do with some help from you.

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On 11/05/2024 at 15:40, Sarahswoes said:

Thanks for clarifying that DX! I deferred last in 2015. I will upload the defence pdf shortly. 

well done you WON!!:cheer2:

as your last deferment was 2015 at worst that could run the sb date to 2016 (+1yrs from 2015 dated letter+6yrs ) so the debt is now STATUTE BARRED. the notice of discontinuance makes it as though the SB clock never stopped when they raised the original Claimform.

they cant do anything more

please consider a donation

we are free

we don't get paid

but try telling that to our ISP and server hosters

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks for your excellent help, DX! I will never forget it!

I just donated. :)  It's not much as I'm not working at the moment, but every little helps! :) 

 

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:yo:

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • AndyOrch changed the title to Erudio/Drydens Claimorm - old SLC Loans - Stayed since 2019 - now N244 SO/SJ - *** Claim Discontinued***
11 hours ago, Sarahswoes said:

Thanks Andy! :)

I'll update again once I get the next thing from them. 

You wont be getting anything else....end of :)

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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