OK so the judge said not SB, that SB would run from end of deferment (Aug 2014), not from start of deferment with SLC (Aug '13). The Drydens rep seemed pretty useless, and the judge tore into their argument, that they hadn't actually said that, but came to the above conclusion. Ironically my WS hadn't been sent through to him (wasn't Drydens claiming they hadn't got it). But yeah, pretty galling all round. So is that it, or is there a chance to appeal?

So, the hearing is later today. Any last minute tips on what to expect, what to do/what not to do?

So, as follows? 2. I maintain that the Claimant's claim so issued is a claim re credit agreement 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 agreement, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

Thanks again Andyorch. I have added the above amendment to my statement, which I shall send tomorrow. As my defence is SB, I presume adding anything else (eg, not earning above the threshold, the loans being wiped after 25 years etc, etc) is now irrelevant? I also enjoyed Para 2 from the example WS you posted above, but presume that would be an unnecessary addition! Here goes...

Ok so statement as above but amended with the following, with a question in bold. STAY OF PROCEEDINGS 5. A Stay was placed on proceedings after my Defence, as above, was accepted via the MCOL process. Given the amount of time, over three years, as acknowledged by Paragraph 23 of the Claimant’s Witness Statement, that has passed since the Claim was issued I object to the Stay being lifted. 6. The Claimant makes no further representation to challenge the debt being Statute Barred and therefore this should not proceed to allocation. (Does this now contradict Para 7? If so, which should be removed?) APPLICATION TO STRIKE OUT/SUMMARY JUDGMENT 7. Paragraphs 25, 28, 33, 34 should be denied. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. 8. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgement is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

Thanks again both. Here's another go. Please see my questions in bold. Again I've tried to keep it simple, but should I be addressing more of the points in the claim? (But then I'm worried about going off-piste and complicating it all!) IN THE XXX Court at XXXX Claim No. XXXX BETWEEN: Claimant ERUDIO STUDENT LOANS LIMITED AND Defendant XXXXXX ____________________________________________________________________________ WITNESS STATEMENT OF XXXXX ____________________________________________________________________________ I XXXXXX, being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated 23/05/2023 (Should this be the date of this claim, or the when they issued their first claim on 27/02/2020?) pursuant to CPR 24.5 (1) a&b. 1. My last written Acknowledgement of these Loans was a deferment form sent directly to the Student Loans Company (‘SLC’) on 15 August 2013 before any assignment to the claimant. The Claimant raised their Court Claim on 27 February 2020. 2. I maintain 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 cause of action for breach accrued for the benefit of the Claimant. 3. The Claimant's claim to be entitled to payment of £2,378.64 or any other sum, or relief of any kind is denied. 4. The Claimant’s claim to be entitled to further payment of £1,720.00 for costs is also denied. STAY OF PROCEEDINGS 5. Paragraph 24. (Would it be wise to acknowledge the MCOL decision, and state that the decision should be upheld?) APPLICATION TO STRIKE OUT/SUMMARY JUDGMENT 6. Paragraphs 25, 28, 33, 38 should be denied. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. 7. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgement is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial. Statement of Truth I believe that 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. Dated this XXXXXth day of August 2023. Signed............. Name ...............

Hello, Further to this, I've received a statement of costs, uploaded below. An online hearing is scheduled for 21st August, so by my reckoning I need to have filed the witness statement by 11th August(?). My witness statement so far is below. It's the same as I filed on MCOL. I've had a read around, but not sure what else to put (if anything?) as I'm sticking to the SB defence and was trying to keep it simple. I've added line 4 about their costs (or is that already covered in line 3 anyway?) Please let me know if I need to add anything else or change this. Thanks again in advance for all your help, it's very much appreciated. 1. The Claimant's claim was issued on 27 Feb 2020. 2. 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 cause of action for breach accrued for the benefit of the Claimant. 3. The Claimant's claim to be entitled to payment of £2,378.64 or any other sum, or relief of any kind is denied. ‘4. The Claimant’s claim to be entitled to further payment of £1,720.00 for costs is also denied.’ Statement_of_costs_07082023.pdf

Here you go. N244_20062023.pdf

Thank you. I have received a Notice of Transfer of Proceedings and an N244 application for summary judgment, so I am wondering what I have to do next? Again, any help you're able to provide is most appreciated.

Hello again, I filed the SB defence on MCOL within the time limit (back in March). I've had the following letter through from Drydens. I presume ignore? Many thanks DRYDENS_FAIRFAX_170820.pdf

OK thanks again, much appreciated.

Thank you for your help dx. I've just unearthed an email asking for a deferment form (that was never returned to them) a few months inside the 6 years. Would this amount to written acknowledgement of the debt? Is this still SB?

Name of the Claimant ? Erudio Student Loans Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.27.02.20 (Have applied for 14 days to submit defence, so deadline 31.03.20) Particulars of Claim What is the claim for – The Claimant claims £2,500. for monies due from the Defendant. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited. Each agreement had an individual account number as follows: xxxx xxxx xxxx The Defendant failed to make payments as per the terms resulting in the agreement(s)being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s). The debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant. A new master reference number xxxxx was also applied upon assignment. The Claimant has complied with the Pre-Action Protocol for Debt Claims. What is the total value of the claim? £2,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 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 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, 1996 Do you recall how you entered into the agreement...On line /In branch/By post ? No 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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 ? Yes, I believe so Why did you cease payments? In deferment/earning below deferment threshold What was the date of your last payment? Pre 2013 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Hello I am looking for some advice regarding mortgage style student loans from the SLC. It was in deferment until Erudio took over the accounts in Sept 2014. I have never earned above the repayment threshold. Since then, I ignored their deferment forms, subsequently had lots of backdated ‘Remedy of Account’ notices, letter saying account had ‘matured’, then transfer of account to Capquest (with discount offer), and now Drydens, with a subsequent County Court Claim form. I have only just found this site. The deadline to submit a defence is 31.03.20. I am rapidly reading the advice and similar posts on this site in order to hopefully submit a defence, but is it now too late to bother sending the CCA to Erudio and CPR 31:14 to the solicitors? Thank you in advance for any help offered.