Erudio/drydens CCJ for Student loans - but i perm live abroad - help

[rennuz]

I live in Portugal and come to the UK every couple of months, (lucky me)

I got to the Uk today and have found I have a CCJ registered against me from Erudio via Drydens as of 21st June.

Its for an old Student loan of £8700 in total from the 90's.

I was deferring it but Erudio then took it on and disagreed with deferment, this was in 2021.

They said they couldn't read my email attachment.

They then made it a formal debt and put my in arrears. 

I complained they disagreed, then ignored me. 

I then went to the Ombudsman, they take forever and not heard from them. 

In the meantime some firm, i forget the name, offered me a partial settlement in Jan of around £2500 but it was over the phone and no offer in writing was made.

I then get to UK today and saw Drydens first letter as of 11th April, then CCJ started in May 24th and CCJ issued as of 21st June.

I have 2 days to pay to get it wiped.

 

Questions are,

can I get out of the debt as per statute that I see on here, need to read more into that, sorry just writing this now with minimal time and researching.

Can I get out of CCJ or get it looked at again? 

I dont want a CCJ but as I live outside UK and dont have credit its no real issue.

Can I make a full and final settlement of say £3000 and get it wiped from my file?

Only want to make a payment if its going to get wiped.

I could pay it but it will leave a sour taste and it should not have got to this stage.

If there are places anyone recommends to research please let me know.

Thanks 

[dx100uk]

are you perm resident abroad and have proof.?

if you do

then get it set aside via n244, cant get a CCJ if you live abroad typically.

cant be SB'd. i think thats what you mean as you deferred till 2021?

did you defer every year before that from 2013 sale.?

the other firm would have been capquest, part of the arrows group, as is erudio and drydens.

 

[rennuz]

cheers for the reply, you helped me 12 yrs ago with some great debt advice that saved me, I have passed on the advice since. Saved me alot of money...... I do owe you one! 

Yes I have been a permanent resident officially since 2019.

I did defer every year before 2013, thought I was doing the right thing.... perhaps should have left it.!

Anyway I have a CCJ now.... 

So could I go with the N244? I did apply for the deferement under a UK address but did reside in Portugal at the time and can confirm, I have a UK  Company and a UK property I rent out, which is where they have now issued the CCJ to....

Slightly stressed as thinking I may have to make this payment tomorrow to keep it off my permament record.

 

[dx100uk]

from 2013 onwards to 2020/1 ...read my question..

did you defer every year?

 

[rennuz]

Yes, sorry wasn’t clear but I deferred every year from 2013 to 2019. As far as I can remember and before 2013. 

[dx100uk]

ok so not SB'd.

when you deferred before did you use your Portugal address for them/correspondence

 

[rennuz]

No I was using my Uk address in correspondence to them. I did inform them of address change to Portugal  in 2021 but then I was just dealing with them on email. And address change was only via email, no acknowledgment from them. Is that an avenue to take?

wondering if I try call tomorrow and offer a smaller amount to remove the CCJ. I really don’t want a CCJ on my file. Could need credit in next 6 yrs if I came back or something, hard to say.

i am thinking it’s so late in day and I do owe this money, that i do something to remove CCJ from record. 

 

[dx100uk]

no!!

28 minutes ago, rennuz said:

I did inform them of address change to Portugal  in 2021 but then I was just dealing with them on email

have you that email?

dx

 

[rennuz]

yes. They read the email, I get read receipts but no reply. So just an email in my sent folder.

things like this I get sent to my parents and my Dad forwards on.

The deferment was all sent to parents then the CCJ and correspondence from drydens was all sent To my old personal home.

We Airbnb it so stay at it when we are in uK but only once or twice a year but I still have it.

So it’s technically a personal address.

 

looking into removing a CCJ by consent…. Thinking that is next best option.
 

 

 

[dx100uk]

you have email proof you sent them notification you were residing abroad. and a read receipt.

that potentially nulls the CCJ.

you could try contacting them directly with that proof stating you demand they cancel the CCJ by mutual consent FOC to you.

failing that you are going to have to raise an N244, on papers only that ~£100, if you want a hearing thats £275.

but these costs can be gotten out of erudio when you win.

there are court threads here about erudio and their failure to accept (for whatever reason) email deferment.

and there are FOS rulings of same against them.

dx

 

[rennuz]

I will contact them asking to cancel the CCJ but do I have any hope there? Been told they take months to reply. 
 

I will then do the N244, is it best to sight the change of address and non Uk resident?

Should I also confirm details of my defence.

I do owe the money though so is this realistic?

Yes it should have been deferred. I also did put in a claim to FOS. I got. Receipt from FOS last year but then heard nothing so I assume they forgot about it. I resurrected that complaint yesterday.

a question I have though,

where will this then go?

Is the overall aim to get a deferment?

I am now in a better position so I am unlikely to get it deferred in the future.

Which begs the question why not settle?

I did engage early this year and we agreed on an amount of under £3k to settle, I asked for it in writing and that didn’t happen so it got lost.

to me a £3k settlement is a good outcome so it’s how I get there as quickly and as painlessly as possible without a CCJ.

I am seriously tempted to pay this off today (last day I can).

I am FCA registered so these things aren’t good.

What is a best case if I don’t?

I owe the money so can I get it reduced from £8700 to less?

[dx100uk]

1st throw the morality card of 'you owe this money' out the window,

the gov't sold these old style SLC loans to various companies over many years at a discounted rate of ~10p=£1, in turn the fleecers went after the debtors for the full value...thats true immorality!!

you wont get a discounted settlement on a backdoor CCJ, they have judgement.

i doubt the CCJ will show on the public records for atleast another couple of weeks if not more, its not done immediately the 1 month payment window time limit expires. and cra file typically only update once a month on contents of any relevant public registers.

id be more concerned with it being friday and getting drydens off their perch before they all descend down the pub on the free money M's of people blindly pay them on debts they didn't legally even owe.

dx

 

 

[rennuz]

OK, so I don’t pay, I get a CCJ.

What is then the aim?

As far as I can see I can get them to an order of consent to cancel the CCJ due to me being non resident and wrong addresses,

I did contact them yesterday so they could say I knew within the time and may disagree to this, I can’t see why they would agree to this though, what’s in it for them?

Failing a consent then the next step is the n244 form, I get that and I think I have a good case, non resident, They used an old address etc.

Now I have the CCJ thrown back out, great.

The debt is still there though and the consent is likely to come with an agreement to pay, so its not wiped at that stage.

If this was you would your aim to be to wipe off the debt?

If I can get the debt reduced by say half, I am happy as long as there is no CCJ. Is that realistic?

Spoke to a few solicitors and the potential costs may be upto £1500 for this and potentially more if hearings needed, is it worth the pain… isn’t a lump sum payment a better option?

I noticed Jules case that she lost and now has a fees associated with it as well…. This worried me.

Can I possibly now get this loan wiped off?

They didn’t deal with the deferment correctly and it should have been deferred,

now they have moved it into a different kind of debt

can this go back to a student loan style debt as per the preferment?

[dx100uk]

not sure what you mean by moved this to a diff kind of debt?

you dont need a solicitor on a consumer credit debt CCJ..do it for free here.

the court claim was issued when they already knew you were not resident in the UK.

thats an almost guaranteed set aside either way by consent order (do NOT agree to a payment plan!! ) or a reset to just received the initial claim.

your defence would be they refused deferment in xxxx , they should not have left it.

as for wiping it, that would only happen if the loans were +25yrs or are over 50..i think.. how old are you?

it doesnt matter you are earning above the threshold now...immaterial.

dx

 

[rennuz]

I meant moved from a student loan, ie cancelled that after deferment was not agreed to.

the CCJ is on my credit file already, I can see after looking. 

next stage is either writing to Drydens to ask them to cancel it based on wrong address, I would also like to know why they are writing to a different address than Erudio used an even older address. I think I will call them and ask them about the address details they have on file.

I am not holding out much hope with a letter asking to cancel the CCJ based on wrong address but if that’s the best thing initially then what is the recommendation on how I word such a letter.

Timeline from Dryden

11th April - Letter saying get in contact and if not then they may issue legal proceedings, that’s it nothing else.

24th May Claim form from County Court

21st June County court judgement 

1 letter from Drydens then straight to CCJ, is that right?

 

Idea for initial letter to Drydens

Simply

Dear Sir/Madam

As you know I am a Portuguese resident and reside in Portugal, I came back to the UK on 20th July (proof can be provided). I was given a letter from you dated 11th April which was sent to an address I vacated in 2015. Erudio have been corresponding to me via email address and via my parents address at xxxx. 

I have also been given letters about a claim form from the courts and judgment from the courts dated 21st June. Obviously it has been impossible for me to have the ability to defend or act upon these letters as I have been out of the country as Erudio are well aware.

I informed Erudio on 6th May 2022 of my correct address, see the enclosed copy of the email and read receipt from Erudio.

Erudio declined a deferment in 2021 after they were provided with exactly the same information as I had been providing both them and the SLC company every year when a deferment was due. That ongoing saga is now in the Hands of the Financial ombudsman who are dealing with the complaint.

I ask that you cancel this CCJ based on the above information and look forward to receiving the conformation as soon as possible.

 

[dx100uk]

you dont beg nor ask them to cancel the CCJ Judgement and you should not be nice and polite.

you DEMAND that they immediately draw up a mutually agreed consent order at no cost to you where they will be removing the backdoor and unlawful CCJ as you have written proof their client was informed in writing dated xxx of your permanent residence and citizenship in a foreign country and even received a read receipt from them about same.

you dont need to say anything else.

have you not been reading the numerous like threads here upon what to do and state.

dx

 

 

[rennuz]

I hear you,

I will go back and do a bit more research on perhaps the best way to phrase a letter.

I do have my reservations about any positive response though, what’s in it for them? Literally nothing as I see it.

A quick note though,

don’t they have to set defaults and other things before they go straight for a CCJ, they have literally only sent me one letter on this.

What’s the protocol,

the CCJ claim says the claimant has complied with the pre-action protocol.

Is that just one letter sent from the solicitors, surely got to be more to it than that?

[dx100uk]

don't need to do research. get angry. they have scammed you. my suggestion is all you need.

stop crawling and thinking they have some magical powers over you..they DON'T!!

i'd even be inclined to ring drydens and shout down the phone at them. thats worked before.

i would suspect everything else went to an old address...funny how they find your correct address once they have a default judgement...

ruddy fleecers.

dx

 

 

[rennuz]

 

Key - to follow

address 1 - Parents UK address, I can see this post parents will pick it up and scan it to me

Address 2 - Still own this property but don’t see the post for 6/9 mths. Address CCJ info went to and that Drydens have

So I spoke to Drydens and Erudio today,

Erudio confirmed I changed address to address 1 in 2021, which is on their file. Then it moved to Drydens and Dryden have been sending letters to my old UK address, address 2, therefore getting this CCJ. After more probing with Erudio as to why Drydens would use an old UK address to send this to Erudio said a letter was returned in Jan 2023 saying ‘ no longer at this address’ don’t understand why as my parents did not send anything back and have always opened mail to address 1. For note Erudio have on file address 1 when I call them to verify my security.

Erudio have no record of me changing address to Portugal, I do and have a receipt.

So failing the incorrect Portugal address, the UK address was still incorrect. 

Spoke to Drydens on the phone, told them they should be cancelling the CCJ by consent due to incorrect address and the fact I am a non-uk resident. They weren’t very receptive to cancelling it and pointed out they need some kind of evidence to just cancel it, fair enough. I put in a complaint about the address and asked Drydens to investigate why they have the incorrect address.

I suppose next step is to demand they cancel the Consent, in the demand I will need to point out the fact they have incorrect address and also that I provided address changes in 2021 and then in 2022, although they still used address prior to 2021.

 

 

 

[dx100uk]

see where they go . dont give into waffle!! 

the uk address issue is immaterial.

dx

 

[rennuz]

I need to get this letter out to them, they have now started a complaint about the address details which they are investigating with Erudio but not based on the Portugal address, this was as a result of the call on Monday.

I need to write them a demand, here is my plan for letter, cant actually see anything to give me an idea as what to write but will try keep it brief.

Dear

You have falsely and incorrectly had a CCJ issued against my name, I had no chance to defend it as all your correspondence went to an old address which according to Erudio you were fully aware was an old address.

My address is xxxxx I changed this address with Erudio in 2022, see the enclosed email confirming this sent on  xxxx 

I demand that you cancel this CCJ by a consent order immediately free of charge to me.

should you fail to action this within 14 days, i will without further notice proceed to court and raise an N244 set aside at full cost to yourselves inc compensation and for damage to my credit worthiness .

to be clear, you raised a court claim resulting in a backdoor CCJ using an old UK address when your client had previously acknowledgment by return of my written notification of my address and permanent residency in Portugal.

you have 14 days. 

 

Will that do?

Also, can I send all this on email? or would a letter be best

[dx100uk]

changes made.

use both.

get free proof of posting from any PO counter.

 

past like threads below to read up on

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

[rennuz]

I sent the letter and they have told me as soon as they received it that the case was put on hold whilst they investigate the complaint.

We are now past 14days (do we mean calendar days or total days?)

do I wait for them to investigate the complaint (how long is that?)

or get on with my threat and raise the N244?

Thanks

[dx100uk]

id give it a week, is this by email par chance?

 

dx

 

[rennuz]

Yes all by email.

got an email today saying that Erudio are investigating my complaint and are still looking into it and it could take another 8weeks?

Im minded to move to next stage, they gave me no time, why should I return favour?