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

[AndyOrch]

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

[Sarahswoes]

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

[AndyOrch]

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

[Sarahswoes]

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!

[dx100uk]

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 ?

[Sarahswoes]

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 May 14 by Sarahswoes

[jk2054]

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.

[Sarahswoes]

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 May 14 by Sarahswoes

[jk2054]

I'll check when is your hearing?

[dx100uk]

org slc t&c's

use that FOS decision

[Sarahswoes]

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 May 14 by Sarahswoes

[dx100uk]

great exactly what andy pushed for.

time to breathe now.

dx

 

[dx100uk]

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.

 

[Sarahswoes]

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 May 14 by Sarahswoes

[dx100uk]

good work well done.

dx

[jk2054]

When you say court expense only 6 days ago what do you mean sorry?

[AndyOrch]

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.

[jk2054]

Oh it was that late, thanks for clarifying