I know they won’t, but surely there is a failing in their process/system that needs to be addressed. It can’t be right that they can do this to people. We all know their tactics with default judgements, I’m just lucky I knew where to come for help! Others don’t and it makes me so sad

Hi guys-update for you received a notice of discontinuance this morning. CAG comes up trumps again! thank you guys!! whilst I should be content with this, is there cause for complaint to the ombudsman here? They shouldn’t be allowed to put people through this sort of stress!

Thanks DX, so presumably that’s 33 days from when the court acknowledged my defence?

Defence filed as per Andy’s instructions. really stupid question, but do I just sit and wait now?

Thanks Andy, I’ll get drafting

For the second ccj or does the res judicata automatically ask for that? another stupid question-do I need to say anything beyond res judicata or if it proceeds then use the opportunity to provide a witness statement with more detail

Hi Andy yes costs were paid. No application to set aside, and they have had my correct address since the last proceedings. drysdens told me they had never dealt with this matter before, which is obviously complete nonsense do I ask the court to ignore the application or strike it out again?

Exactly the same

Original POC from struck out action. Just the amounts that have changed as they are still trying to recover their court costs from the last time! DOC021.pdf

I posted them for the current claim, hang on….will get the others

Hi guys, I need to file my defence this weekend as I’m in hospital next week. I’ve had a CPR response, they are looking for my docs, erudio are looking into my complaint. I know I’m arguing res judicata but what about estoppel my fall back position is statute barred, all notices were served to my last address so clock hasn’t been re-set, but I’ve seen some info on this site that judges are accepting new default/termination notices as the cause of action date. Anything I should know about this to include? I can then draft an outline for you guys to advise on thank you!

Thanks DX, I think there should be two versions now, one visible to you and one to wider Cag

Thank you HB I have hopefully redacted this one properly 2019-12-30 court Order - Claim struck+costs.pdf

I can’t delete it now-I thought Andy wanted the claim number Dx can you tell me how I can remove it please-the attachment

I never had the original POC, it was a judgement in default. I’ll upload the strike out details shortly

Thanks Andy

I know, just thought it would be courtesy to ask Andy myself. I really appreciate any advice I’m given and am happy to do some leg work to pull stuff together as well

@Andyorch could I trouble you for some res judicata advice please-thank you!

All done. Defence needs to be served by 28th April, technically 1st May but I’m going into hospital then. Is there a Res judicata defence you could link me to? Not much I can find on search. Thanks all

Thanks DX. Will get that done. What is the main line of defence going to be here, is there a standard defence for repeat claim following strike out?

Which Court have you received the claim from ? CCBC Northampton MCOL Northampton N1 If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? Erudio student loans LTD Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th April 2023 Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here 1.claimant claims £2100 for monies due from the defendant 2 debt was pursuant to regulated agreement between defendant and student loans company ltd. Each agreement has individual account no xxxxxx 3. The defendant failed to make payments as per the terms resulting in the agreement being terminated. Notice of such is served by default or termination notice, subject to the terms of the agreements. 4. The debt was assigned to the claimant on 22/11/20 13, with a notice provided to the defendant. A new master reference number XXX who is also applied on assignment. 5. The claimant has complied with the pre-action protocol for debt claims What is the total value of the claim? £2100 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? Yes, previous judgement in default set aside on this basis Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? student loan When did you enter into the original agreement before or after April 2007 ? Before, 1998/1999 Do you recall how you entered into the agreement...On line /In branch/By post ? By post 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, from previous Cc action Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Since the previous court action Why did you cease payments? 2012/13 What was the date of your last payment? As above, possibly September 2013 Was there a dispute with the original creditor that remains unresolved? Claim previously struck out in 2019 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

Surely Drysdens purporting to be the legal arm are regulated by the law society and FCa, or am I just that naïve lol!

Got it! I won’t do anything else I promise, I just tried to remind them and give them the opportunity to do the right thing, they just told me to defend! I cannot believe regulated bodies can do this sort of thing

Thanks DX, I don’t have the original POC. I never got the claim as it was issued to an old address, but will get the new one on and the questionnaire completed in the morning. I have already lodged a formal complaint with the fleecers today, but it can apparently take 8 weeks to be looked at, and I know I don’t have that long to respond to the court paperwork. Needless to say I will be defending!

Hi Guys This forum was immensely helpful in helping me set aside, then strike out a back door CCJ and subsequent claim proceedings in 2019 brought by Drysdens on behalf of erudio. However this weekend I received a new claim form from Northampton and they are attempting to pursue the same debt through the court route again! has anyone had any experience of this?