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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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Erudio/Drydens Claimorm - old SLC Loans - Stayed since 2019 - now N244 SO/SJ - Court Case Adjourned


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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.

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

 

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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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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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Share on other sites

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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Share on other sites

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

  • Like 1

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 OTHER

 

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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