Received court claim from Erudio/Drydens - response after sending defence

[dragoncake]

I'm at my wits end here - starting to get very anxious about it all.

In September 2019 - Erudio (who took over my student loan) issued me a court claim form.

I have an old-style student loan. However, I have had big gaps in communication from Erudio - now Dryden solicitors are communicating with me. I last deferred in 2013.

On the claim form, it says "the debt was assigned to the claimant on 22/11/2013" - so I presumed that the debt was now statute-barred.

I filled in the form online and used the Statute barred Defence. It was due by 18th October. Only last week, I received a letter from Dydens. However, it was dated 19 November.

It says: “Having now had the opportunity of discussing the Defence with our client, we enclose the following documentation addressing the issues you raise in the Defence and in support of our client's Claim against you: The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980 (“the act”). By section 29 of the act, there is fresh accrual of the relevant limitation period upon each part payment. We can confirm that the last payment was 18 April 2017 in the sum of £25.00. The limitation defence which you have filled is, therefore, without merit”.

Then it goes onto say, “we are in a position to progress our client's Claim against you and would, therefore, invite you to now settle this matter without the need for further legal action."

I realised that back in 2017 I made a payment to Capquest - Erudio passed it onto these people.

The letter ends with: "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."

Obviously I don't want to ignore it. I'm aware that as of today my claim is stayed so I'm not too panicked for now... however, I'm uncertain what to do next?

I appreciate any advice. Thank you.

[Amethyst]

Morning,

They are right I'm afraid, as you deferred in 2013, the cause of action wouldn't have kicked in until the end of the deferred period, and that was within 6 years of the payment of £25 you made to Capquest in 2017.

To avoid them applying to lift the stay and obtain a CCJ it is likely to be an idea to try negotiate an instalment payment arrangement, under a consent/tomlin order so the claim remains on hold in the court system as their security incase you default on the payments.

Drydens are acting for Capquest ? (ie. Capquest are the claimant ?)

How much is the claim for?

[dragoncake]

Thanks for your response. The claim is for £6,175.88.

The claimant is Erudio (previous student loans) and Drydens are the solicitors.

So, I now realise the SB defence is no good now. However, I'm starting to think Erudio didn't send me Deferment Application Forms. I feel there were gaps in communication. All seems so unfair.

What can I do next?

[dragoncake]

I want to make sure I'm doing the right thing. I messed up the defence. I'm confused because I thought I had deferred with Erudio, however, now I realise they never sent me paperwork.

I'm aware Dryden's are solicitors for their clients Erudio and that they are not debt buyers and have not and can't buy debts or raise a claim.

Thanks for your response. The claim is for £6,175.88.

The claimant is Erudio (previous student loans) and Drydens are the solicitors.

So, I now realise the SB defence is no good now. However, I'm starting to think Erudio didn't send me Deferment Application Forms. I feel there were gaps in communication. All seems so unfair.

What can I do next?

[dragoncake]

I'm going to send a SAR to Erudio, so I can check everything. Do I need to inform Drydens that I'm doing this?