Erudio/Drydens Claimorm - old SLC Loans - Stayed since 2019 - now N244 SO/SJ - Court Case Adjourned

[Sarahswoes]

Hope I'm posting in the correct forum.

I am confused about procedure regarding going to civil court next week.

The claimant (Erudio/Drydens) responded to my defence but I did not realise that I have to respond back. 

I'd be grateful if you could answer: 

Was I supposed to send them my updated defence and when? 

If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens? 

I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court.

I'm wondering if I need to submit this evidence to Drydens as well?

THis is the situation; 

I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500.  I did not defer as I didn't get the forms.

My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack)  I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed.

But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) they have filed an Application in Sept 2023 to lift the stay

a week ago I received a pack in the post with the court date which is next week.

The package arrived 6 working days before the hearing, not seven as it says in the rules.

Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted. 

I'm worried now that they will not allow it to go to trial as Drydens claim that I have not submitted sufficient evidence.

They although produced the copy of the deferment letters which they claim they sent.

I didn't realise that I can amend my defence based on their reply to my defence.

I thought the court was again going to send me a form to do that, like they did the first time. 

I'm clueless and have no money for a legal representation as I'm not working at the moment. 

Any help would be much appreciated!

[honeybee13]

Hello, welcome to CAG.

I expect people will be along later to advise you. Weekends are always quieter here so please bear with us until they're able to get here.

HB

[Sarahswoes]

Thanks for the welcome honeybee!  Grateful to have found this place! Just busy reading other excellent threads!

Edited May 11 by Sarahswoes

[dx100uk]

thread title updated.

you are not filing a defence 

you are filing a statement is opposition to the N244 set aside.

when did you last successfully defer please? if you have never deferred since sale to erudios in 2013 the debt is statute barred, bar their fake/late dn sent i bet in 2016?

and what defence did you originally file please.

ideally we need the FULL n244 inc scanned up to one mass pdf, (we dont need statements)

 read our upload guide carefully please

dx

[Sarahswoes]

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

[dx100uk]

n244 is the imp one please we need everything inc exhibits but not statements.

dx

[Sarahswoes]

I submitted a N9B and I scanned it here. 

I just found the n244 form online.

No, I have not filled that out but Drydens have sent me one.

I suppose that's what you were asking for.

Sorry I'm so slow to catch up! I'll scan it now and attach. 

Defence Filed:

1. The Defendant received the claim from the Northampton County Court dated 03.06.2019.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for a Student Loan agreement regulated under the Consumer Credit Act 1974. an agreement with The Student Loans Company Limited for provision of credit under the reference number XXXXXX

5. The Particulars of Claim fail to give adequate information to enable the Defendant to properly assess my position with regards the claim.

6.The Claimants Particulars of Claim states that the account was assigned from student Loans Company Limited to Claimant on 22/11/2013. The Defendant recalls receiving notice of this assignment. 
. .
7. It is denied that the Claimant served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of S88(4A) Consumer Credi.t Act1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Terminanion Notice Regulations 1983.

8. On the 22.06.2019 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Drydens Limited. The Defendant requested the Claimant provide copies of the documents detailing exactly how the monies of £2585.30 have accrued, the copy of notice of Default and a copy of any other documents mentioned in particulars of claim.

9. Drydens Limited has not sent any of these documents to the Defendant. Drydens limited have sent the Defendant a letter dated  27.06.2019 0ffering a 28 day extension on filing a defence while they liaise with their client for the relevant documentation, however as drydens Limited have not sent any such instruction or notice to the Northampton County Court Business Centre confirming this agreement, the Claimant must abide by the Northampton County Court Business Centre Claim Form schedule and hand the defence within the suggested timeframe .

10. Under Civil Procedure Rule 16.5 (4) where the claim includes a MoneyClaim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is
expected that the Claimant be required to prove the allegation that the money is owed as claimed .

11. The Defendant respectfully requests that the court orders the Claimant to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out. 

12 In the event that the relevant documents are received from the Claimant, Defendant will then be in a position to amend her defence and the' Defendant asks that the Claimants bear the costs of any such amendment.

13. The Defendant was at all times entitled to defer repayment of the loan taken out with the Student Loans Company. The Defendant completed the relevant form in each year from 1996 to 2016 and no payments were ever due under the loan terms as the Defendant was under the specified earning threshold. 

14. The Defendant never received a deferral pack from the Claimant 8 weeks before her Deferment End Date in 2017 or subsequently.  Consequently the Defendant was unable to qualify for the deferral of payments to which she is entitled

15. The Claimant failed to send correct annual statement of account and statutory notices due to a system error within the
prescribed timescales containing correct information to inform the Defendant about the status of their account between 2016 and 2018 meaning that the regulated agreement was 'not properly executed and the Defendant was unaware that the Claimant had purported to stop the deferral to which the Defendant was entitled. The failure to send these documents is in breach of the Consumer Credit Act 1974. 

16. The Claimant is in breach of their obligations to allow the Defendant to apply for (and obtain) deferral of payments. If the deferral were applied the Defendant would currently owe no money to the Claimant until her earnings exceeded a threshold of some £29000 per year. The Defendant is currently in receipt of Jobseekers Allowance and has been at all material times.

17. The Defendant asks the Court to order the Claimant to retrospectively apply the deferral to which she is entitled.

18. The Defendant asks the Court to order that as a result no money is currently due to the Claimant and the Claimant's Claim therefore be dismissed.
 

 

[jk2054]

please upload drydens n244 form

[Sarahswoes]

Please find enclosed Drydens n244.

In exhibits they included original credit agreement with my signature, the notice of assignment, the default notice and deferral letter I stated I did not receive. 100 pages of exhibits.

 

 

Claimants full N244.pdf

[dx100uk]

good defence though .

what date is the hearing please?

dx

 

[Sarahswoes]

Thanks! The hearing is Tue, 14th May.  so I'm late to the party....

[dx100uk]

god why did you come here SOOOO late...

[Sarahswoes]

Really kicking myself.

I thought I didn't need to submit anything else as I thought the court would ask me if they needed something.

Court virgin so I'm clueless.

Only got the papers with the court date on Sat, so 4 working days ago... and then had a look though everything, and even called the court who told me not to worry, everything's in order.

Then I said, but I haven't submitted my evidence to which the lady replied, you can just send an email with your evidence, which I did on Friday

but having gone though everything I realised I must have made a mistake....

I should have submitted something official to the court and Drydens as well...

So here I am trying to fix what's broken.

[dx100uk]

On 11/05/2024 at 19:45, Sarahswoes said:

which I did on Friday

what did you send and to whom?

On 11/05/2024 at 14:22, Sarahswoes said:

I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court.

readme

 

 

 

[Sarahswoes]

Thanks so much for the pointer about what to read DX! Will do tonight. Still scanning exhibits. Half done. 

As far as your previous question

I sent to the court only on Friday just before closing via email my proof of income in 2017 (Jobseekers) to prove that I was eligible to defer as in my defence.

I also sent a pack of letters from 2014 and also 2018 which Erudio sent me as my account was in remediation - meaning they did not send me annual statements between 2016 and 2018 and there was a problem with wrongfully saying I was in arrears in 2014.

They blamed the original Student Loan company for that. It's on Erudio website under 2014 Remediation and 2018 Remediation.

hey apologised and sent these remediation packs.

they mismanaged my account and that's OK but if their client does not defer when they don't sent the form then they take them to court...

[dx100uk]

please dont keep posting blocks of text!

ive had to space all your msgs so far.

this is a forum not facebook.

forget the remediation issue, that means nothing toward any enforceability issues in any court case. all it simply means is that for a period whereby certain things didnt happen, interest could not be charged.

i think you are getting this confused with them not sending out deferment packs, which they did to most people around your noted times and it was purposefully done and the FOS have castigated erudio for it . thats why ive pointed to the above threads.

the other two issues to use are that you would not not be owning them now anyway due to age write off and never earning above any threshold.

dx

 

 

 

[Sarahswoes]

Thanks so much for collating and deleting pages DX! I misunderstood. I'm dyslexic so miss things. Sorry!

Any ideas based on what I submitted on what to do? Do you know what was I supposed to hand in? A witness statement as well?

The court documents say something about being able to hand it stuff up to 24 before the court date, which is tomorrow morning before 11am.

Drydens have failed to send me the documents with the court date 7 clear days before the hearing. I got them 6 clear days before the hearing, so not sure if I can use that to still hand something in?

Any input would be much appreciated. 

[dx100uk]

use (at least) the two threads i pointed too and pickout the relevant points of their statements that apply to you.

esp inc the fact about erudio stopping sending out deferment forms at that same time as you to many many ex students and the fos cases and other like court cases. age related right off etc etc.

knock something up we'll tidy it up and you can email it tomorrow to the court and drydens. dont forget to pointout drydens were also late .

whats this 24hrs bit? scan the court doc that says this bit please too.

dx

[Sarahswoes]

No, I must have read the 24hrs wrong.

Can't find it anywhere.  

Will write something based on threads.

Thanks!

[dx100uk]

post it up here asap.

dx

[Sarahswoes]

Just realised that all the documents they submitted have dates on them APART from the deferment forms and the default letter which I did not receive.

In their statement they say on which apparent dates they were sent but the dates are not on the forms.... 

Trying to write something now but will be late posting it as I'm so slow. Will post asap.

[Sarahswoes]

I just found the default document in the bundle with the dates on it so my argument falls flat. 

 

Edited May 12 by Sarahswoes

[dx100uk]

thats not a witness statement. you need to follow the format of the ones you are reading on those threads.

the DN does have a date on it 2018-10-02

the dn was issued almost 3 yrs after your last successful deferment ....debt should be statute barred and you've already reached age write off you mention earlier too?

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the date of last successful returned deferement form.
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 2.The date of my last deferment was (date) 

3.The Default Notice was issued dd/mm/yyyy and served xx yrs and xx months after the initial breach thus the cause of action was delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

[Sarahswoes]

Thank you so much! I'll revise.

[dx100uk]

have you moved since 2016 deferment?

dx