Thanks dx

Thank you for this dx, I will lodge an N245. Is it worth reporting DF to the FCA or FOB, or any legal body about this matter? DF deliberately withheld documents that I requested, that would have strengthened my defence. - In May of this year, I requested full disclosure, they did not give full disclosure and sent only some docs. - In May I asked in layman's terms for proof of the transaction of the debt from SLC to Erudio, DF's response was "I don't know what you mean?' I was asking for 'legal assignment' but did not know the correct legal term - I requested my original deferment forms, these were not provided. - I emailed the court on the morning of the hearing explaining that I had asked for original deferment forms and they were not sent, I cc'd in DF to the email, within 3 minutes they sent over the deferment forms, the last one being to SLC in 2012. I believe this proves the SB theory as CCJ was entered in to court in Dec 2020, an eight year gap. It may not have any impact but I believe this proves that DF entered the CCJ at court, with the knowing that these loans were SB'd. - In court the barrister for DF mentioned that 'legal assignment' was a sensitive government doc that involved a portfolio of loans, therefore it was not possible to bring to court, she stated that notice of assignment was sufficient. - Re Statute barred - Barrister for DF said that I had sufficient time in which to pay these government backed loans (19 yrs) She stated that a default notice proved that loans were not SB'd. This DCA seems to make up its own rules.

Hello Just an update re Dryden Fairfax issue. I approached a solicitor to re appeal the case but the legal fees were almost the cost of the debt. I was worried that if I lost then I would double the amount of debt. If one judge discarded the statute barred and legal assignment defence, then it was a possible a second judge could do the same. I would like to get advice on how to arrange a payment plan with Dryden Fairfax please. After the claimant won the court case, is the loan now enforceable with bailiffs etc? Will this debt now go on my credit file? Student Loans did not feature on the file before. The student loans were £5200 plus court costs of £1000, total now owed to Dryden £6200. They have asked to make payment in full or arrange a payment plan. What is the minimum I can offer per month? They have asked for me to fill out an income and expenditure form? They have already looked in to my finances by way of credit check when they applied the CCJ. Am i legally obliged to fill out an income and expenditure form? Or can I just state how much I can afford? Any advice would on how to deal with this DCA would be most appreciated. Should I start a new thread on payment plans? Thank you

Update: The judge awarded claimant the cost of the loans plus court fees. (5200 loans +1600 fees, Dryden had asked for 3k in fees) Judge stated that there was sufficient evidence shown by the claimant to prove it was not SB'ed, which means that the default notice sent four years prior to ccj being issued was enough. He was not interested in that there is not evidence of the legal assignment of the debt. Barrister for claimant states that they cannot and will not show legal assignment of the debt, as it involves confidential government data that involves a portfolio of loans. This means notice of assignment in this case was enough for claimant to prove that point. Hope this helps other people.

Yes re DN, that is what they keep reiterating. Thanks again.

Hi there Just an update on this one, the judge has stated that I must attend in person on Thursday. They are still adamant that it is not SB'd due to the DN. I have requested any written confirmation between myself and Erudio in the six years before the court order took place in Dec 20. I have not had a response yet. They may have something but I do not remember signing anything with Erudio. My memory has not been great regarding this matter. Any tips for Thursday's hearing are welcome. Tx in advance

Thanks dx & Andy. I did ask for a copy of the alleged phone call transcript and the last deferment documents, and did not get a response. It is a fast track hearing, what is the deadline for submitting docs to court pls?

I asked the judge whether a telephone hearing would be possible, but I received an email stating that I must attend in person. I just got an email from Dryden stating that they will be adding court costs to the debt. I have attached their cost breakdown. Statement of Costs.1.pdf

You are I was not keen on the cc idea admittedly, and would have preferred to make that a separate issue as I feel that this level of harassment has been unethical and disgraceful. I did receive legal advice before I came to CAG, which has confused me somewhat admittedly, so I apologise. I appreciate your time and effort.

Apologies dx, but I did mention #5 that I am in a different jurisdiction. It is costly to fly/hotel etc to England so I will request a phone hearing, but am concerned they will be there in person, as they are local. Re Counter claim - I only decided to do this on Monday, I did mention it to Andy who was not keen. Like Badger girl I find the SB dates confusing. I thought it starts at DN, which I did not receive. I still do not have a letter from them showing when I did last defer with SLC. I will speculate it was around 2013. I know I had one phone call with them, when they first took over the loan and provided them a change of address, I still have not had confirmation of the exact date of this phone call. I did not phone them in May 2020, as I had not even heard of this company before Nov 21. I genuinely did not get their letters due to name change and address change.

I did, its above the claim fee cost.

To counter claim for over 5K, one must pay £455. I paid a fee of £205.00 for a counter claim of £5000.00.

I attached a N9D form, which I believe makes up part of a counter claim. I wrote that I am not claiming for all the 6 month losses, just suggesting that they make a donation. The CCJ was on file for almost a year and a half, in total. I discovered the CCJ after it had been on file for a year. I wrote to them with new and address sent recorded delivery, they then did not respond, and left the CCJ on file for another 6 months.

I have posted the previous documents on the thread between myself and Dryden, here are the latest documents for this week, which include defence, ws, counterclaim form sent two days to court and Dryden. These are then followed by a new WS and counterclaim response from Dryden. Court Docs 07.11.22.pdf

Sorry I was rushing. I will post all the recent docs from this week asap.