For completeness, I have received another couple of NOSIA letters. I shall continue to ignore them. Still nothing from the courts, I know it is statute barred but the case is still appearing on the moneyclaim website.

Here's the list of directions. Court directions-converted.pdf

Hi folks, Today I received a letter from my local County Court telling me that a judge has allocated this case to the Small Claims track and that it will be heard remotely in April 2021. The directions given are that Each party must deliver to the other party and the court copies of all docs on which they intend to rely no later than 14 days before the hearing Original docs must be brought to the hearing Docs sent must include the statements of all witnesses. There's a fair bit of stuff in the directions but it all looks fairly standard and much of it doesn't apply (maps, police statements etc etc) It also states that the claimant MUST pay the trial fee of £170 by March 2021. I assume from reading up on other cases that I do nothing for the moment but wait to see if they pay the trial fee and send the documents they intend to rely on?

Hi folks, I've just checked on Moneyclaim and the last thing in the claim history is my defence that was submitted on 29th January. What happens now. I'm confident that the debt is SB'd but I wondered at what point the court kick the claim out, or whether it sits there forever, or if I have to do anything further to get the claim ceased? It's almost 3 months since I submitted my defence. I should like the security of knowing that this is no longer active and that Erudio can't drag me to court, but at the moment I just don't know what is happening. Can anyone clarify for me please? Many thanks in advance.

Hi folks, Hope you are all well. I just checked onto Moneyclaim and it says that the last history in the claim is that I filed a DQ. It's been 2 months now since I had the mediation call. Do I just sit and wait? Is there a time limit on what is to happen next? I've looked on here and as far as I can establish it's all now in the hands of the court to give us a court date - is this correct? Is it usual to not hear anything for 2 months? (and yes, I know that the courts might be running a reduced service because of Corona) I just want to make doubly, trebly sure that everything is hunky-dory and I don't need to panic.

Hi folks, I've just received the following letters from Erudio. I'm a bit confused because both letters say "Payment Received" and yet I've not made any payment of any sort on these accounts, nor have I been in touch with either Dryden's or Erudio. I've had a look on the Court website and under Status it simply says "Defence submitted", this was done on 29th January - what happens next and how long do Drydens/Erudio have before the court kick it out? Could they try and argue that because payment has been received that the debts aren't statute barred? (even though I have not paid anything). NOSIA letters.pdf

Erudio sent me copies of the original agreements that I signed, which I received today. Funny to think of myself signing them all those years ago, I had hair then! Anyway, because this debt should be Statute Barred I think this is immaterial but I've noted it on here for completeness.

Fab, thank you for all your help so far. I shall post when I next hear anything.

They said they'd sent me everything and that they'd settle for £2400. I said I couldn't make a decision because I didn't have all the information. Mediator said he'll refer it on to a court date. I did do the right thing didn't I?

He's contacting the other party to see what they say. I'm expecting him to ring back. I've said that I don't feel I've enough information to be able to make an informed decision at mediation.

I am on the mediation call. The mediator hasn't asked me if I've got all the information I need. I've had to tell him that I haven't. ~Help I'm panicking a bit here.

Just a quick update. Erudio Student Loans returned my £1 postal order that I had sent them for the CCA request. They sent a letter saying "Thank you for your correspondence but your account has been terminated and is now with Dryden's Fairfax Solicitors." Dryden's sent me a letter regarding the CPR saying that they are waiting for documentation from their client, and offering me a further 28 day extension to file my defence (I've already filed it - don't worry!) Dryden's then sent another letter acknowledging my defence and saying they would seek their client's instructions. I've not attached the letters as they seem fairly standard - but I can do if you want me to.

Right, mediation call booked.

I rang the mediation service and they refused to book an appointment in for me as they were unable to complete the ticklist of things that are necessary to make mediation possible. The person speaking to me asked if I was happy to make an offer to settle the claim. Initially I said that I wasn't as I disputed the claim but I would discuss it during the mediation and the person said that unless I was prepared to pay something then there was no point in mediation and I wasn't able to book an appointment in. They also said the amount that I was prepared to pay could be anything and I didn't have to reveal it so I said yes there was an amount I'd pay. Then they asked me if I had all the information I needed to make a decision. I said no, that I was waiting for information from the claimant. They told me that unless I could answer yes to this that they couldn't book the mediation call for me. I didn't want to say I have all the information I need, because when it comes to the actual mediation phone call I am going to say that I don't have all the information I need (as advised in earlier posts). I've tried looking through the CAG site but when I search "Mediation" it comes up with 327 pages of results. I've read a number of them and none of them seem to address this. I've also read Andyorch's sticky at the top of this forum on Alternate Dispute Resolution (Mediation) and his one on The Process of Litigation and CitizenB's one about You've Received a Claim, What to Do. None of these seem to cover the position I found myself in on this call. I don't think I'm an idiot but I also don't want to say the wrong thing and scupper my defence. I've tried looking for the answer on the site but I couldn't find it. The person who was going to book the mediation call for me told me that I can call back and if I give the "correct" answers, they can book the mediation call for me. I would greatly appreciate advice on how to proceed.

Thanks DX. I do try and self help and I do read on the bits I'm unsure about and other people who've gone through a similar processes. I post to double check when I'm still unsure. As you can see there can be conflicting advice in the cases I've read. Just like on here where you and Hippo have given different answers. This is my first case like this and so I want to make sure I get it all right. Apologies though, I fully understand that you aren't here to hold my hand.

And I do that now? OR do I wait until the day of the actual mediation?

Just had an email The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation. Provisional Appointment Time & Date A telephone mediation session of up to one hour is available to you on XX/XX/XX between Time and Time. Please can you phone us on 0300 123 4593 before the XX/02/2020 between the times of 09:00 and 17:00. Owing to a high level of referrals, mediation appointments are limited and are offered on a first come first served basis. your case will be transferred to a court to be listed for allocation if we do not hear from you, or all appointments are taken. Please note that this is NOT a confirmed appointment, if we are able to secure a mediation appointment we will send you confirmation. So, do I phone them asap to arrange and appointment? Do I get to choose the appointment time for the date they've offered?

No, I used your wording exactly. Copy, paste and filled in date and amount.

Thanks folks, I had acknowledged service as soon as I had received the court forms so within the timelimit. I have sent off a CCA request and a CPR request. I have submitted a defence based on this being statute barred. IF it was to come back that somehow I had been in touch with them within 6 years (I am 99% positive that I haven't been). Could I still use other defences if it went to court? (so, let's say that the debt wasn't assigned properly or there's no default notice for example). Once again, huge thanks.

Got it. Thank you.

Just a quick update. I submitted my N180 forms both to the court (in full) and their solicitors (no signature/phone number/email). I said yes to mediation and asked for the hearing to be held in my local County Court. I have received their N180 forms from their solicitors too. They have also asked for mediation and say they will consider "any reasonable proposal". They have asked for the hearing to be held in my local court. Having looked at Micky The Hippo's similar case, it looks as if I now wait for a mediation date to be given. Once that is given I agree to be willing to negotiate but I DO NOT confirm that I have enough information from Cohen and Co as they have not complied with my CCA/CPR requests. Is that all correct?

Name of the Claimant ? Erudio Student Loans Ltd Date of issue – 9th Jan 2020 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claimant claims £10,100 for monies due from the defendant 2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows XXX XXX XXX XXX 3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements. 4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX was also applied upon assignment 5. The claimant has complied with the Pre Action Protocol for Debt claims. What is the total value of the claim? £10,100 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent to my home address Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form. I did notify The Student Loans Company Ltd about my address change though. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans When did you enter into the original agreement before or after April 2007 ? Before. Do you recall how you entered into the agreement...On line /In branch/By post ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive. Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It says that the debt was assigned. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment Did you receive a Default Notice from the original creditor? Not to my knowledge Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not that I remember Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them. What was the date of your last payment? I've never paid Was there a dispute with the original creditor that remains unresolved? Not to my knowledge Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address. I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.

just to be sure I fill in all my details on the N180 including my phone number and email address and sent that both to the court and Howard Cohen and Co? What's to stop them then putting that information on file or sharing it with other companies? Or will they not do that? I agree to Small Claims Mediation I fill in all my details I agree it should be small claims. I ask for my local County Court. I don't need an expert. I am the only witness I put in unavailable dates. I sign the form. I send it to the court and Hoist's lawyers by recorded delivery. Is that all right? I did search on N180 but it comes up with '00's of threads where it just says "search on N180". As always, your advice is hugely appreciated.

On MCOL it says - Your defence was submitted on 09/12/2019 at 20:03:59 Your defence was received on 10/12/2019 at 08:06:06 DQ sent to you on 09/01/2020

I haven't heard anything from Cohen or the court yet. Is there someway I can contact the court to find out the state of things?