Erudio got sneaky SLC Loan CCJ - filed it to old address, knew it was SB'd, Knew new address - set aside?

[legion45]

Hello all,

 

First of all, wonderful site and greetings:

 

Over a year ago, I had some letters from a company called Erudio over an alleged student loan, (pre-1997 old style contract)

As well over a decade has passed without acknowledging any debt or indeed action,

I understand it to be statute barred.

I moved well over a year ago and for six months had my mail redirected from my old address to the new.

 

I began receiving demands for monies from Erudio (written to the old address), claiming that I owed them money,

I hadn't heard from SLC prior to that; Erudio also claimed that there was an existing CCJ against me on record, having been issued by the SLC.

I had been in the same house for 18 years prior, and never had any correspondence or claim at that address.

 

I wrote to Erudio, disputed any alleged debt in full and informed them that any alleged debt was statute barred and in dispute,

I also remarked that if there was a CCJ, then it was that CCJ that should be enforcing , not issuing a notice of assignment,

as I understand the CCJ to be the 'debt'. (Claiming there to be an existing CCJ appears to be a stock accusation with these people.

 

I received a few letters to my new address, which they obtained from a credit search, so they new I had moved,

despite this, I recently found that they had won a judgement by default in April 2015 .

I only found out about this judgement when I tried to switch my utility supply.

 

It transpires that despite knowing I lived in a new address and I have documentary evidence to this affect,

they have applied to the Court under my old address for a CCJ.

 

While careful with what I said, Erudio claimed to have passed a file to a debt collection agency,

if they thought that I was still at the previous address, why wouldn't they enforce the judgement using a Warrant of Execution?

 

 

It's very clear to me that they knew full well that I wouldn't be at the previous address.

 

I will need to set aside the Order but my questions are as follows:

 

 

1) I understand the set aside costs are likely to be £155, which is an extraordinary amount of money

. Will I get this back and what's the best way of going about setting aside the judgment?

Would I have to make a claim against Erudio?

 

2) If I manage to set aside, would anybody have any advice for the next steps?

 

Thanks in advance for any replies and/or assistance.

[Conniff]

Welcome legion. Help will be with you soon.

[legion45]

Thanks for the welcome, very kind.

[fkofilee]

There is potential for costs to be awarded to you should you challenge them, however, is £155 really that much against a CCJ of a much higher amount?

The hinge will be on whether YOU informed them about the address change.

 

Also, are your certain its SB?

[legion45]

Hello, Many thanks for the reply.

 

1) Yes,,

I wrote to them confirming my new address because at the back of my mind,

was a concern that they would pull a stunt such as trying to get a CCJ at the old address.

 

 

I saw the footprint of a search they had done too, so there's little doubt they knew the new address

and they also wrote letters to me at the new address once I had confirmed I had moved (I've kept all correspondence).

 

 

They are claiming however, that they have no record of my new address .

If they believed I was at the original address,

why aren't they trying to persue me under a Warrant of Execution instead of referring to debt-collectors?

 

2) I think that you're right, the £155 is the higher amount,

I was going to check in more details about the fees tomorrow.

 

3) As to whether the alleged debt is statute-barred,

I can only be as sure as the infomation that I have researched previously,

the original loan amount was in 1995/1996 (old-style),

SLC didn't chase and i've not acknowledged any debt at all with anyone,

 

 

i'm not aware of, nor is there any record of there being a previous CCJ as claimed by Erudio.

[dx100uk]

that's arrows for you.

 

 

time to set this aside

 

 

there have been examples whereby the seta side is granted

and that it was proved to be SB'd

and that they knew it was SB'd

and that they knew your new address

 

 

the fees have be recovered from them too

if you get the right judge

he will take a very dim view of this action by them

 

 

dx

[legion45]

Thanks DX,

 

I assumed the similiar but expect they'll claim an admin error or some rubbish like that.

Still, i'm not going to think for them, i'm more than happy to state that their behaviour has been dispicable but emotion doesn't generally help these matters progress well.

 

1) For the N244, do you think it wise to explain everything in chronological format (which should highlight their behaviour), or aim keep it brief and to the point?

 

2) In other words, rather than brevity, would sending a bundle with all of my supporting documentation likely to bore a Judge to death?

 

Many thanks P

[dx100uk]

can I suggest you let andyorch comment on that aspect

not 100% my bag.

 

 

dx

[legion45]

Of course DX, though I value your contribution, many thanks

[dx100uk]

so whats the sore now?

 

 

dx

[panther12]

If it's likely that a set-aside will be granted (which on the face of what you've said I think it will) I think I would write to claimant informing that you intend to make an application to set-aside the default judgment and invite them to consent.