Backdoor CCJ Erudio/Dryden - old Student Loans - set aside hearing

[AndyOrch]

Welcome to the Forum.

 

The forth coming hearing is for a set a side ?  and you need to submit a statement/defence in support of your application ?

 

Andy

[AndyOrch]

Thanks okay so a little back tracking then we have all the details of the claim and history of the debt. If you could read the following link and then copy and post the Q,s and responses back here so we have all the information in one post.

 

 

[AndyOrch]

Quote

I have asked Dryden for a 2 day extension to submit docs, awaiting a response

 

What date did the court order you submit/serve a fully particularised defence ?

[AndyOrch]

Sorry that does not answer the question after your set a side hearing you should have received court directions possibly an allocation DQ form which sets the hearing date for the claim...it should have advised you when to submit a defence/statement ?

 

In your second post you advised that you wish to submit a defence in response.....was you given a date t file and serve ?

[AndyOrch]

Quote

Then on 09.09.22

I received a notice from Barnsley stating that this has been allocated to a small claims track with a hearing on 17.11.22

Yes that's the Notice of Allocation which contains the Courts directions on how the claim will proceed and what dates you must comply with so you will have a date on there when you must submit your statement/defence.

 

You say Dryden has refused two day extension so must submit today....well its not for the claimant to agree or disagree only a court can do that and you cant delay Directions dates even though you have written to the court requesting this.

 

So by you stating you must submit today then I assume the date for filling your statement/ defence is today 3rd Nov 2022 by 4.00pm.

You will be okay filling tomorrow as a certain leniency is allowed for litigants although it would have been better if you had started this topic say last week or the weekend just gone.....not the day before its due.

 

I'm sure my Site Colleague @dx100ukcan point you to previous successful particularised defence/statements. In the meantime read around similar topics and look at how a statement should be formatted and what content is required to make it CPR compliant.Have a go drafting the statement with your circumstances and post here so we can finalise it for tomorrow to email and file/serve on the court/claimant.

 

Andy

[AndyOrch]

Don't forget to use the updated statement of truth in your conclusion.

 

" I believe that 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."

[AndyOrch]

I wouldn't make a formal counter claim, there is a fee and you will have to prove actual loss. However there is nothing to stop you adding a paragraph towards the end of the statement informing the court how their actions have damaged your credit file which has caused problems in attaining credit.

[AndyOrch]

Quote

1. The Defendant’s Counterclaim be dismissed;

 

Did you make a counter claim ?

[AndyOrch]

Okay no mention of a counter claim in your defence posted #28 just a defence

[AndyOrch]

It would be helpful if you could post this then we are aware of what you are adding without advice.

[AndyOrch]

So not a formal counter claim simply a reference in passing as part of your statement in hope that the court would take it into account.

[AndyOrch]

It will be invalid if you have not stated a figure or paid your fee for the counter claim.

[AndyOrch]

But you didn't write 5K on the N9d ?

[AndyOrch]

Well not really its part of the Civil Procedure Rules that all parties must file / serve their Costs on each party pre hearing not less than 24 hours pursuant to Practice Direction 44 (9.5.4)

 

(4) The statement of costs must be filed at court and copies of it must be served on any party against whom an order for payment of those costs is intended to be sought as soon as possible and in any event –

(a) for a fast track trial, not less than 2 days before the trial; and

(b) for all other hearings, not less than 24 hours before the time fixed for the hearing.

 

 

PRACTICE DIRECTION 44 - GENERAL RULES ABOUT COSTS

WWW.JUSTICE.GOV.UK

 

[AndyOrch]

Should state on your notice of allocation n157 normally 14 days or can be 7 days on set a side proceeding.

 

 

 

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