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

aaah ok, I'll add a paragraph in the conclusion detailing this

Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. Background 3. On receipt of the claim form, dated 15/03/22, I sought clarity from the claimant’s solicitor via a CPR 31.14 request, letter dated 25/03/22 and sent by Royal Mail, requesting a copy of the original agreement, a copy of the terms and conditions as applicable at the start of each agreement, a copy of any default notice or termination notice, and a copy of the legal notice of assignment showing their right to take action. 4. On or about 01/04/22 I received a letter from the claimants solicitor confirming that they were currently liaising with their client for the relevant documentation. 5. On or about 11/05/22 I received a letter from the claimant with a statement of accounts 6. On or about 28/06/22 I received a letter from the claimants solicitor which included a Notice of termination and credit agreements which were ineligible. 7. The Claimant failed to further communicate with the court, or the defendant, and following the standard time limit after my defence filing their claim became autostayed. 8. On or about the 31/08/22 I received a letter from the claimant’s solicitor enclosing documentation and a request for income details should I wish to enter into any payment agreement via a Tomlin order, at cost to me to, avoid further court action. 9. On 25/04/2023 the claimant raised an N244 request to lift the 9 months stay on proceedings seeking to strike out my defence and attain a summary judgement as they now had attained all the information I had requested. Defendants Response to claimants claim/ Application 10. In reference to the claimants Witness Statement paragraph 6 - The defendant did not admit in their defence nor has at any time admitted entering into any agreements with the original creditors. 11. In response to paragraphs 8 and 29.1, the agreements referred to at pages 1 - 2 are illegible due to age, as per the Claimant’s own admittance. The Claimant includes an additional 'blank agreement'. Its source is not referenced and therefore questioned. If from the claimants own internal sources, this does not comply with the consumer credit act request criteria. 12. At paragraph 16, reference is made to the issuance of their default notice issued 31/01/2020 due to a failure to pay some £3,807.01 arrears. Since the 2013 assignment via the Government of these old Student Loans Company mortgage style Loans to Erudio, Erudio have always written by post every year including their deferment forms to complete and return. In 2017 their reminders changed to an email only process, referencing a log-in to an online portal. I deferred via this portal each year when a reminder email was sent. I did not receive any reminder in 2020 to defer, this resulted in the arrears and the subsequent default notice. 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) attached. I have always deferred due my earnings being under the financial threshold. Conclusion 13. I believe the claimants claim to be in error because I did not receive an invitation to defer in 2020. 14. In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2) Statement of truth I, XXXXXXX defendant, believe 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. Signed: Print Name: Dated:

My draft WS below: I was searching through old emails/correspondence last night and found a note. I did try and defer for the 2020 year via a deferment form which was posted in Jan 2020, I then contacted them again in March 2020 asking why my deferment hadn't been processed and they stated that they hadn't received the form and had already terminated and it was too late to defer now. I don't think this has any bearing on my WS or defence but I thought it might be worth mentioning. Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. Background 3. On receipt of the claim form, dated 15/03/22, I sought clarity from the claimant’s solicitor via a CPR 31.14 request, letter dated 25/03/22 and sent by Royal Mail, requesting a copy of the original agreement, a copy of the terms and conditions as applicable at the start of each agreement, a copy of any default notice or termination notice, and a copy of the legal notice of assignment showing their right to take action. 4. On or about 01/04/22 I received a letter from the claimants solicitor confirming that they were currently liaising with their client for the relevant documentation. 5. On or about 11/05/22 I received a letter from the claimant with a statement of accounts 6. On or about 28/06/22 I received a letter from the claimants solicitor which included a Notice of termination and credit agreements which were ineligible. 7. The Claimant failed to further communicate with the court, or the defendant, and following the standard time limit after my defence filing their claim became autostayed. 8. On or about the 31/08/22 I received a letter from the claimant’s solicitor enclosing documentation and a request for income details should I wish to enter into any payment agreement via a Tomlin order, at cost to me to, avoid further court action. 9. On 25/04/2023 the claimant raised an N244 request to lift the 9 months stay on proceedings seeking to strike out my defence and attain a summary judgement as they now had attained all the information I had requested. Defendants Response to claimants claim/ Application 10. In reference to the claimants Witness Statement paragraph 6 - The defendant did not admit in their defence nor has at any time admitted entering into any agreements with the original creditors. 11. In response to paragraphs 8 and 29.1, the agreements referred to at pages 1 - 2 are illegible due to age, as per the Claimant’s own admittance. The Claimant includes an additional 'blank agreement'. Its source is not referenced and therefore questioned. If from the claimants own internal sources, this does not comply with the consumer credit act request criteria. 12. At paragraph 16, reference is made to the issuance of their default notice issued 31/01/2020 due to a failure to pay some £3,807.01 arrears. Since the 2013 assignment via the Government of these old Student Loans Company mortgage style Loans to Erudio, Erudio have always written by post every year including their deferment forms to complete and return. In 2017 their reminders changed to an email only process, referencing a log-in to an online portal. I deferred via this portal each year when a reminder email was sent. I did not receive any reminder in 2020 to defer, this resulted in the arrears and the subsequent default notice. 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) attached. I have always deferred due my earnings being under the financial threshold. Conclusion 13. I believe the claimants claim to be in error because I did not receive an invitation to defer in 2020. Statement of truth I, XXXXXXX defendant, believe 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. Signed: Print Name: Dated:

Hello Andy, Im just working on it now, I'll post it soon

Hi dx, I totally understand and appreciate that cag is 99% self help, I have read many threads but to find threads that are the same as my case I have found very difficult. I understand that I shall have to put some time and effort into getting a witness statement filed which I am prepared to do, will just need a little help. Let me see if I can make a start.......

Hello, I have now received a hearing date of 10th October 2023. I need to start preparing a WS, I haven't a clue where to start and what my defence is! I shall start by reading the thread that Andy has posted. Do you think it may be a waste of time defending this and maybe contact Dryden to do a deal?

Yep, I'm not far from Shoreditch

I managed to scan them. Definitely cannot see N157 anywhere. 2023-06-21 CCBC trans to EDM court + 2023-07-03 N24 trans EDM to shoreditch+n271 tran to shorditch.pdf

I received a letter from the court at Edmonton stating that they are in receipt of a my case file transferred from County Court Business Centre and that they would be in contact shortly. I then received a letter stating that it had been transferred to Clerkenwell and Shoreditch County Court before Judge Cohen upon reading the court file. That's it so far.

Hello I am still waiting for the court's to respond, I received a letter stating that the court is being transferred but that's about it. dx do I need to do anything in the meantime?