Erudio/Drydens claimform - old SLC Loans - Now N244 for strikeout & SJ.

[dx100uk]

its strange that HMRC have not informed them then as they usually do.

so for the complete years not deferred you are def over threshold for the whole year via say your p60 too?

 

[RC710]

Could it be that HMRC have, and that's why they are pursuing my case?

Yes, my hours increased in 2020 - was meant to be temporary but I then got the job full time. So have earned £34/35k plus since this time.  More now.  Embarrassed at this is a good salary but as I said the impact of COVID, extortionately high rent etc, other debt, means things are still incredibly tight. 

The payments they wanted back in 2020 were £206 per month.

I would try to find a way to prioritise Erudio if it meant this was all done by Sept 2025 - 25 years after the last loan was agreed  - but then I do recall they wrote to me in 2020 to tell me that each year of deferment delays the age related maturity by a year. Lying b*ggers. 

[dx100uk]

AFAIK yes the remainder will be written off when you reach the write off date, regardless to what the scammers claim (and always on the phone - how funny...NOT!!!) they ALWAYS LIE!!

if you could convince erudio to accept backdated deferment forms, which would wipe the arrears (in a way) and close the claim by consent and accept a smaller monthly sum till your reach write off this could be a winner, atleast they will get 'something ' out of you and you'll get the rest written off with payments going fwd.

the thing is they can be obstructive at the best of times. though you are only a tadpole in a pond with much larger fish to catch.

Arrears (or paying them off) of one sort or another might now be your stumbling block.

say it happens, they accept, the 'old ' arrears would be written off as you now have deferred, but now you'll have monthly arrears dating back to the start of the deferment (1st whole year you first earned over the payment threshold.) partial years do not count. to pay off too.

keep musing...

dx

 

 

[Andyorch]

Well done, I dont think you realise how rare it is for a claimant to lose a SJ application and how difficult it is for a LIP to stop it in its tracks.

Usually a failed SJ application does not bode well for a claimant and its even  rarer for the claimant to proceed to trial after losing.

The following is hilarious for a District Judge to state:-

5 hours ago, RC710 said:

He laboured around my claim about the copies of agreements being illegible. He agreed they could not be read in entirety but concluded that dates/signatures/sums were visible. He looked up S.77 and determined that it said nothing about legibility

Thats possibly because section 77 does not refer to Legibility its section 65 as per your WS above. 

If you refer back to my amendment in the conclusion of your statement you will now see why its imperative to conclude and prompt the court to test if the claimant can show and prove it has the means and evidence to pass the threshold to be awarded Summary Judgment.

 

Well done.

[Andyorch]

For reference CPR 24.2 which you refer to in your summary.

Grounds for summary judgment

24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –

(a) it considers that –

(i) that claimant has no real prospect of succeeding on the claim or issue; or

(ii) that defendant has no real prospect of successfully defending the claim or issue; and

(b) there is no other compelling reason why the case or issue should be disposed of at a trial.

(Rule 3.4 makes provision for the court to strike out^(GL) a statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending a claim)

Which is basically what I added to your conclusion 

 

[RC710]

Thanks @dx100uk and @Andyorch

This gives me some hope then. 

I guess I will see what Erudio's next step is. 

Taking a week away from thinking about it - it has become all consuming. 

Really grateful for your help.

[Andyorch]

Yes take a break and come back when (if) you receive further directions from the court

[dx100uk]

got it 

 

Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf