So they responded...... they wanted me to fill out an income/expenditure form for them to be able to decide whether they would accept a payment plan they also sent me details how to pay I think I am just going to pay in full, I don't want to give them any information about myself, not that there is much anyway!

ok thanks, I shall email them now

Hello, I emailed the courts regarding the costs that needed to be paid and as of yet I have not heard anything back. I remember the judge saying that it needed to be paid with 1 month otherwise the claimant wins automatically which I want to avoid. I have not been sent any instructions whatsoever. Andy, I'm just thinking when you said to email contact them regarding payment arrangements, did you mean contact Dryden's?

Hello, Since my last hearing and serving the document requested by the judge I have not heard anything from either the courts nor Dryden's. Should I be chasing up? I know they were awarded costs which had to be paid by a certain time, we agreed a month but I have not had any details or instructions etc.

Thank you Andy, you're a star!

I have located the deferment form which was copied and posted in 2020 which they want me to submit. Are there any protocols to follow to serve this. Do I need to submit another witness statement to accompany it or a covering letter?

I had my hearing yesterday and I feel disappointed in how it went as I feel I that had a good judge, the advocate representing Dryden's was not great and I could of got a better result, but all is not lost........ We started by discussing the issue of ineligible credit agreements at which point the judge was questioning me whether I admitted to actually signing the documents and if it was my signature to which I accepted, she asked what's the problem with the agreements, I mentioned that I couldn't read the documents and they needed to comply with the CCA and gave her the appropriate section. She checked the CCA relevant section but mentioned that were they eligible at the time of signing? I stated I couldn't remember but probably they were eligible. She wasn't really buying it but did mention that it can be tested at trial. After this we went onto the default notices and she pointed out that they had served me copies which were included in their bundle. I mentioned that I don't recollect receiving them and that there needed to be 3 copies of the default notice and termination notices, she said that only 1 copy needed to be served and asked me for the relevant CCA section for this, unfortunately I didn't know this, my fault not being adequately prepared, if it exists? We then spoke about the deferment process and the ombudsman's decisions, Dryden's banged on about that these decisions are not mine and they are not relevant, I said, I included this to show how Erudio was behaving at the time to backup my point of not receiving documents etc. At this point she asked why I did not include the copy of the form I sent in that I said I had kept, I said that was an error on my part and that I have a copy, she went on about this for a while saying she can't understand why I have made a good job of submitting a WS but didn't not include this in the bundle. I maintained it was an error on my part and that I can provide, I also mentioned the fact that it was highlighted in the supplementary WS of Dryden's and after receiving this I did not have enough time. Before taking about this I was feeling confident she was going to send it to trial but after this my hopes began to dwindle, however, she wanted to give me the opportunity to supply this document and gave me 7 days to serve after which we would have another hearing if I served in time. I have the document and will serve, she did mention that I can serve another WS to accompany it. Due to the requirement to have another hearing which is no fault of Dryden's but mine she awarded cost to them for £425 which I have to pay within a month, otherwise I will be debarred from representing or something along them lines. I agreed to the costs as it was my fault that I hadn't provided the document regarding deferral and was just glad to have another opportunity. Nothing else was really spoken about, she mentioned that I will receive a directions questionnaire so I don't know if that means the next hearing will be a trial or a repeat of the one we just had. I feel like now I have attended one hearing I will be much more confident in the next one and prepared! So all is not lost(apart from £425 costs)...............just yet What you guys think?

ok, got it. On my way to court now. Any other pointers/advice? Wish me luck

Andy any chance you can explain the stuff about the hearsay evidence as I don't get it. I take it the bit on the breach of provisions is in relation to Erudio's inability to serve notices, statements etc on time? The bare denial stuff relates to me not accepting the copies of the signed agreements due to them being ineligible,

I have received some post from Dryden's. It seems to be a supplementary witness statement. Can they send this so late in the day, they also emailed on Thursday which I did not pick up until today I have attached..... Supp Witness Statement Erudio.pdf

I posted the WS and relevant exhibits by Royal Mail, recorded, signed for. I also emailed Dryden's and the court. Now I have to get ready for the hearing! Just like to say a massive thank you to Andy for all your help and especially DX for his stern words and great advice. Really appreciated!

I've added: I make reference to the Financial Ombudsman Service website and their relevant decisions about this period of change by Erudio, whereby numerous people suffered this issue around the same period. In these circumstances the Financial Ombudsman Service made decisions that Erudio should rollback arrears and accept post deferment, see Exhibit 1 (DRN- 3629000) and Exhibit 2 (DRN-4141462) attached. Ill mark them as exhibit 1 and exhibit 2 when attaching to the WS

ok, I'll amend paragraph 11 as suggested. I will also include the FOS decision as reference. Thank you so much Andy.

I intend to send off my witness statement today, do I need to send via post or will email suffice? Andy, if you have a minute can you please a quick look over my WS to ensure I have covered all points, before I send off. Thanks

ok, I've got to pop out to an appointment but shall add these points to my draft when I get back Thanks Andy