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

[Julio4]

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

[Andyorch]

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

[Julio4]

I did, its above the claim fee cost.

[dx100uk]

again you have expressed you last deferent wrong.

you need to clarify that drydens stated date is the expiry of the 1yrs deferment you send 1 yrs earlier, that date is the sb date.

 

i really do wish you had told us the full story when you came here, like counterclaiming and the fact you live outside the uk. you cant claim attendance cost of £95 because you are taking time out to attend ....whilst not in the uk. you should request a telephone hearing too?

[Julio4]

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.

[dx100uk]

none of that really matters.....

the claimform was issued on (from drydens ws) 

19 The Letter Before Action failed to obtain a response and so a County Court Claim was
issued on 14 December 2020.

dryden have stated in their ws at point 34 

ii. It is denied that the Defendant deferred her loans. The last deferment dated ended
on 9 September 2014.

which means again in black and white drydens are acknowledging your last deferment WAS 09/09/2013, so thats the SB clock start .

so a note to YOU and any future readers.

there is a greater than 6yrs gap between 9 September 2014 and 14 December 2020. the debt WAS statute barred before the issuance of the claimform. 

over rules everything you mentioned.

as for the default notice, it DOES NOT reset the SB date

nest time and again for future readers, tell us the full story

and DON'T do anything further unless you check with us first.

you came here for help, stop doing things, even innocently, that you THINK are correct but means you are shooting yourself in the foot by believing CRAP the claimants or their dogs state in their WS to PANICK people.

they LIE!!

hoping you nor the judge will spot it or bring it up.

 

 

 

 

[Julio4]

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.

 

[dx100uk]

it is not unethical and disgraceful.  end of . no such thing...

 

harm to getting credit and your rating is another matter but harrison etc never got to far with that in the end.

[Julio4]

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

[dx100uk]

std practice for drydens only sent to intimidate and harass.

 

dx

 

[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

 

[Julio4]

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?

[Andyorch]

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

 

 

 

.

[Julio4]

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

[dx100uk]

dont allow any little chats before you go in.

smile walk away.

 

there never was and it's immaterial there is any written acknowledgement of the debt within the 6yrs. no case has ever been lost due to this one letter acking a debt syndrome people think exists on wiping out claims of SB on debts!!

 

the issue they will raise is the default notice means its not SB'd .... thats what you need to refresh yourself on . as that was some 3-4yrs after last deferment and cant be used by a creditor to effectively run sb to infinity.

[Julio4]

Yes re DN, that is what they keep reiterating.

Thanks again.

[dx100uk]

and thats what you must read up upon to suitably convince a judge you are of course correct.

 

there are numerous wins here regarding drydens DN nonsense 

[Julio4]

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.

[Julio4]

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

 

[dx100uk]

sorry you lost the case, sadly you suffered just lottery... cause thats what has happened here.

 

if you want to nail them in their box

file an n245 to the court for say <£20PCM.

the ccj will show in the public files/ judgements section of your credit file and will sadly kill credit for 6yrs, paid or not paying or not.

 

 

[Julio4]

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.

[dx100uk]

the thing you need to bear-in-mind is that drydens , erudio, capquest are all part of the Arrows Group.

Arrows group in both E&W appeals court and Latterly in the Scottish court system won their appeals that statute barring start from DN date +14 days.

 

you have no room to complain about anything sadly.

 

 

[Julio4]

Thanks dx