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

[Sarahswoes]

No, I haven't moved. 

I'm not sure they will allow a witness statement though.

Is it just a letter with some proof I hand in or can I respond to what the Drydens have submitted in their bundle?

 

Edited May 12 by Sarahswoes
clarity

[dx100uk]

you dont need a form, you file a witness statement in exactly the same format as they have and the examples given in those threads i pointed too.

something like this, but obviously on the points you wish to make .

though unreadable agreements copy would be good to include.

https://www.consumeractiongroup.co.uk/topic/453452-erudiodrydens-claimform-old-slc-loans-claim-dismissed/?do=findComment&comment=5234320

..................

you DN has a date attached below.

dont forget to include 

1 hour ago, dx100uk said:

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.

 

DN.pdf

[dx100uk]

use this your WS and inc this as an exhibit

off to bed now 3 nights been up till 4am aurora watching

wont be on too early as it's lambing season out herding with the dog.

your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity.

highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph.

agreements unreadable.

would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place.

never earned over threshold.

dx

 

 

 

Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf

[Sarahswoes]

Hope there is someone who can have a look at this please? Have to hand it in in like half an hour... THanks!

 

INTRODUCTION

1.      As a defendant in this case I make this Witness Statement to oppose the claimant application dated 19.09.23 to lift the stay on proceedings, for the defence to be struck out, for the Summary Judgment on the whole claim and the cost order to be made against me, the defendant in view of my Defence submitted to the County Court Business Centre in Northampton on 22 June 2019.

2.      The Claimant confirms that this claim issued through Northampton County Court Business Centre remained stayed since.

3.      Attached is a witness statement and a bundle of documents marked ‘LON2’.

BACKGROUND

4.      The defendant confirms she entered into a contract with the Student Loan Company (SLC) under Loan Number ………….. on 28 November 1996. The original loan amount was £2035.00 with APR rate of 2.7%.

5.      The loan was regulated by SLC and during the time SLC was in charge of the account the defendant successfully deferred every year as she was always under the earning threshold.

6.      The defendant acknowledges receiving a copy of a loan agreement enclosed as pages [1 to 2] of ‘LON1’.

NOTICE OF ASSIGNMENT

7.      As per her defence, the claimant acknowledges receiving Notice of Assignment when the loan was moved over from SLC to Claimant on 22.11.2013.

8.      The Student Loan agreement is regulated under the Consumer Credit Act 1974.

9.      As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

2014 REMEDIATION

10.  Defendant received a remediation pack from the Claimant on 28^th August 2014 named Remedy of Account enclosed on pages [1-34] of ‘LON2’.  The cover letter explained that there was an issue under the Consumer Credit Act 1974 that resulted in Defendant’s balance being higher than it should have been so the reduction of £441.47 was applied to the account.

11.  The enclosed replacement documents in the pack showed correct situation compared to the originals with the erroneous Sums of Arrears.

12.   The defendant found this Remediation pack confusing and worrying that CCA 1974 was breached on Defendant’s account, yet the Claimant brushed it off with vague explanation and an apology.

13.  This issue puts shade on the Claimant’s requirement to prove the allegation that the money is owed as claimed under the Civil Procedure Rule 16.5 (4), as the Defendant does not admit the allegation.

DEFERMENTS

14.  The defendant was granted deferrals for all the years they were with the SLC and continued to be granted deferments by the Claimant when they took over the loan as the claimant was under the earning threshold at all pertinent times.

15.  Defendant was sent and completed deferment forms for 20 years, between 1996 – 2016 without fail and no payments were ever due.

16.  Defendant had not received the 2017 deferment forms 8 weeks before the due date or the subsequent reminder that is customarily sent.

17.  Defendant had not been reminded by email about the deferment.

18.  When the Claimant noticed the Defendant’s deferment form was missing and this was unusual considering they have been at the same address for more than a decade and are on the electoral register, the Claimant did not make an attempt to call or email the defendant to communicate with them about the situation.

19.  The Claimant therefore did not treat the Defendant fairly.

CCA REMEDIATON 2018

20.  As mentioned in Defendant’s Defence and not responded to in the Claimant’s Witness statement; the next communication from the Claimant that the Defendant received was the Remedy of Account pack on 1^st September 2018 containing missing statutory notices that they are required to send within the prescribed timescales containing correct information to inform the client about their account as presented in pages [35-69] of ‘LON2’

21.  Due to a system error between 2016-2018 the Claimant did not comply with this requirement and the correct statutory notices were not sent.

22.  This system error coincided with the dates the deferment forms were not received by the Defendant.

23.  The pack included annual statements some of which mentioned Sums of Arrears, much like the ones SLC used to send the Defendant in error – which was corrected by Claimant in 2014 as mentioned in points 9-12. The defendant was confused and googled the Remediation issue and found a - nothing to worry about – type of explanation on the Claimant’s website as it seems many accounts were affected.

24.  Claimant’s website stated: “What is remediation? During ongoing quality checks/reviews of our accounts, we identified an issue relating to communications that we are required to send customers as prescribed by the Consumer Credit Act 1974 (as amended) (CCA). Additionally, our review identified issues with the data on some of our customers’ accounts.

Having reviewed all accounts for issues, along with rectifying the issues identified above, we are now in a position to resume our normal processes. We have begun writing to our customers who have had arrears on their loan(s) since 9 December 2015 (when Erudio took over the day to day management of the loans from the Capita Group). This is to ensure they have had all the required CCA notifications and their account data is accurate.

This will involve sending the corrected documentation to affected customers and corrections to the data on customers’ accounts. If your account has been affected, you will receive this documentation where applicable. Any interest incurred since these issues arose will be deducted from your account balances.

What does it mean for me? You don’t need to do anything. If you have been affected by any of these issues, you will receive a letter from us outlining what we have done to fix it. We will provide you with corrected regulatory letters for the period affected by these issues and inform you about any adjustments to your account balance or payment as a result of the removal of interest added to your account during that period.”

25.  The defendant concluded this error must be also why the deferment forms were not sent and trusted that the Claimant would fix the error and send the documents with an apology, after all, if there was a problem, the Claimant would have called or emailed to let the Defendant know.

26.  The Claimant was in breach of the CCA 1974 rules in letting the Defendant know about the arrears on the account, and subsequent actions taken were unenforceable as this was the Claimant’s error.

LETTER OF CLAIM AND COURT DEFENCE

27.  However, Defendant was served with a Letter of Claim which was a shock. She had never been to court before and did not think she had a choice but go to court as the other option was to succumb to unreasonable offer by Dryden’s Fairfax lawyers representing the Claimant.

28.  Defendant therefore submitted defence to court.

29.  The Claimant’s witness statement has not addressed the CCA 1974 breach that was stated in point 15 or 16 of the Defendant’s defence.

ADMINISTRATIVE STAY OF PROCEEDINGS July 2019 – May 2024

30.  As the Claimant’s Witness Statement reads, during the almost 5 year administrative stay, the Defendant was contacted by Drydens Fairfax layers representing the Claimant with offers to settle the ‘debt’, however the Defendant found the letters had a violent undertone, each one threatening with a CCJ unless the Defendant complied with demands. It was therefore unwise  to enter into any kind of relationship with such bullies who were well aware of the Defendant’s defence and that their client made serious mistakes and a breached CCA 1974 rules.

31.  As a result of these continual threats but the case still on administrative stay the Defendant experienced continual nightmares and stress related gut problems. She has seen the gut specialist who advised her the mind body connection and trauma can be connected with her type of gut issues and the defendant’s GP followed by referring her to trauma psychotherapy.

32.  On 8^th of June 2021 the Claimant sent a letter with the statutory documentation they failed to send the Defendant even though her postal address had not changed. Again this was another CCA 1974 breach.

33.  On 16^th December 2021 the Claimant sent another letter apologising for and error made in charging the Solicitor’s fees incorrectly, continuing with a series of blunders.

 

 

[AndyOrch]

Responding to your PM.

You have not been allowed the statuary 7 days to prepare or submit your statement as you only only received the notice of hearing on Saturday

 

Example

 

Erudio Student Loans Limited V XXXX

Claim No: XXXXX

Witness Statement in response to the claimants application

It is respectfully requested that the court allow this statement as evidence in response as I was only informed of the hearing date on Saturday 11th May 2024 and therefore denied 7 days to respond.

I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since.

I will respond to the same numbered paragraphs as the claimant’s statement as follows:

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement.

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 

Background

Insert your pars here

 

Defendants Response to claimants claim/ Application

Insert your points here 

Conclusion

Insert your points here but finish with the following.

16.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety.

The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)

 

 

Statement of truth

I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Signed: 

Print Name:

Dated:

 

 

.

[Sarahswoes]

OMG, you are so fast Andy! Thank you!

Can you please also have a look at points 20-27? They sent me a remediation pack with not only statements but sums of arrears they haven't sent for 2 years, so I didn't know I was in arrears.

Then they defaulted me after they apologised for their cca breach.

I truly didn't understand what that pack was about. I thought it was some kind of a mistake they will make right later as SLC used to do this.

Genuinely I thought that but I don't know if that's an OK defence?

 

[AndyOrch]

Your points are fine but as I am late to this topic I am not aware of the finer details.

Sums in Arrears Notices must be provided if the claimant wishes to enforce an agreement and claim any interest. The relevant section of the CCA1974 is sec 86B 

https://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums

(2)The creditor or owner—

(a)shall, within the period of 14 days beginning with the day on which the conditions mentioned in subsection (1) are satisfied, give the debtor or hirer a notice under this section; and

(b)after the giving of that notice, shall give him further notices under this section at intervals of not more than six months.

Regards

Andy

 

 

.

 

[Sarahswoes]

Thanks, that's clear Andy!

Just to check - what does hearsay mean? Is it that a layer is representing Eruidio instead of them being there themselves?

[AndyOrch]

Normally draft statements in connection to applications/claims are prepared by a para legal who prepare the statement from information provided by their client (claimant) which is not the best or most accurate as information from the original creditor. So the claimant must provide notice that the evidence provided is mostly form other sources and deemed as hearsay. Given that this para will not be in attendance at the hearing  they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement.

 

 

.

[Sarahswoes]

Got it, thank you!

 

Sorry, one more q... 

I've included some text from Erudio website and put it in quotation marks in point 24 as it helps me make a point better. I

s that OK? Or must I include it in the paginated evidence separate to the statement?

[AndyOrch]

Both....mark it as an exhibit.....have you uploaded a copy of their statement in support of their application ?

Also you must remark on the quality of that copy agreement as its illegible and lawfully not enforceable pursuant to the CCA1974 sec 61 

61Signing of agreement.

(1)A regulated agreement is not properly executed unless—

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

(c)the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

.

 

 

.

[Sarahswoes]

Thanks! So, I need to scan and upload their witness statement? The file will be too big! Do you know where do I need to put it, in the evidence part? 

I was thinking to send the form without signature as I don't have time but I guess I'll have to print and scan otherwise they can also get me for that.

There is a hand written signature on their witness form.

[AndyOrch]

Without sight of their statement in support I'm clutching at straws as I dont know what they are relying on or if indeed there is any hearsay evidence.

Their statement shouldn't be more than 2 pages ?

The courts/claimants copy of your statement must be signed with the statement of truth.

[Sarahswoes]

THanks for the explanation!

Yes, their statement is 2.5 pages. Tried to upload it but file too big and no time. Will update later.

So where do I upload their 2.5 pages? Below mine with my evidence?

[AndyOrch]

11 minutes ago, Sarahswoes said:

So where do I upload their 2.5 pages?

Here so I can read it 

[dx100uk]

10 hours ago, dx100uk said:

your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity.

would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place.

 

13 hours ago, dx100uk said:

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.

just got in...

docs upload so far attached here

i don't know if it would worthy to mention about it would have been SB's at time of claim if the DN was issued at the correct time not xxyrs after last deferment?

thanks for helping andy.

exhibits (2).pdf Drydens N244 form only (1).pdf

[Sarahswoes]

Hey DX!

What do you think? I'm worried not to say something that they can use against me!

Is it OK to mention that my health suffered? Or do they not care about that?

Yes, I was about to add the statue barred paragraph in the last point!

[dx100uk]

be guided by andy, my post is just a reminder for background.

[Sarahswoes]

Thanks. I'll upload what Andy asked for, it's just the file was so big as I took a picture with my mobile. I'll scan now.

[dx100uk]

read upload

use the online sites listed.

split if you need too i'll merge.

dx

[Sarahswoes]

Andy, you said to upload the Claimant's Witness to my Witness statement. Is it to my evidence?

On top of the evidence or the bottom, after mine? Thanks!

 

Here is the Witness file, Andy!

 

Claimants full N244.pdf

[AndyOrch]

I didn't, i said upload it here so I can read it given you had not uploaded it so far ...it should have been the first document you uploaded with their N244.

Its impossible to advise you on your statement without seeing theirs first.

Anyway we have it now pity 1/2/3 are missing the introduction s that is the only points I wished to see 

[Sarahswoes]

Cool. Yes, have to hand this in now so I'll upload whatever you wish in an hour!

THe first thre points are who she is, and asking for strike out my defence and judgment in claimant's favour and attached bundle marked.... that's all.

Edited May 13 by Sarahswoes

[AndyOrch]

8 minutes ago, Sarahswoes said:

THe first thre points are who she is, and asking for strike out my defence and judgment in claimant's favour and attached bundle marked.... that's all.

I know thats why I wish to see given you asked earlier about " hearsay evidence "

[Sarahswoes]

The strangest thing just happened.

When I emailed the Witness Statement to the lawyer whose name (and email) was on a Witness statement I got an immediate reply saying: 

Please note that I have now left the business and no longer have access to my e-mails. Therefore, please forward all e-mails to.... this other lawyer (who I just noticed was the one who corresponded with a court via email about pushing my case on an urgent table.

Do you know can someone else represent a witness statement written by someone else?