CCJ and letters from court from Erudio sent to previous address

[jayrol251]

Hello,

I had a claim from Erudio and on the moneyclaim website I stated I wanted to fight. I expected some kind of communication to ask for my defence but never got a letter or email. 2 days ago, I discovered bailiffs had been visiting my previous address. I checked my credit file and moneyclaim website to find the judgement had gone against me and a CCJ applied 18th September2023. I have an email from Erudio saying they have received the update of my current address dated August 22nd. I've emailed the court but don't expect a reply anytime soon. Spent hours every day trying to call them.
Any advice would be appreciated.

[jayrol251]

Just for background info: SLC (Student Loans Company) sold my loans to HSL and Erudio many years ago. SLC is responsible for the admin so deferment forms are sent via them. Last year they requested evidence of income after I sent the form. When I got the evidence to them, SLC forwarded it to HSL but not Erudio. Erudio then cancelled my agreement and asked for the full amount to be paid. I tried to solve the problem and complained via resolver. Eventually they stopped responding and sent debt collector letters (debt company also owned by erudio)
Thats when I chose to go to court. SLC wont accept responsibility although they did admit they should have forwarded the evidence and deferment to erudio

[echat11]

Hi Jatrol251

Welcome to LB

Don't speak to Erudio over the phone.

Write to Erudio, explain what's happened, state that you seek their consent to set a side the CCJ, as it's their fault the Court papers went to the wrong address, provide evidence, the email (the fee you pay will be £108), if they refuse it will be £285. Make sure you get Proof of Postage. This is the priority, the complaint is secondary, but you should be compensated as your credit file has a CCJ on it and bailiffs visiting when they shouldn't.

Fill in the N244 form, but get consent first.

At the same time lodge a formal complaint, follow Erudio complaint procedure on their website. The complaint is that you gave them your address and they acknowledged it, but ignored the information you had provided and as consequence damaged your credit rating etc.

https://legalbeagles.info/library/ho...-judgment-ccj/

[jayrol251]

Thank you so much. I will let you know the outcome

[jayrol251]

Also...in the meantime if I get Bailiffs at the door, what is the best way to deal with it?

[echat11]

Also...in the meantime if I get Bailiffs at the door, what is the best way to deal with it?

Write a letter, explain that Erudio has made a huge error, they were given information, but chose to ignore it. The matter is going back to Court to be set a side.

A formal complaint is being lodged with Erudio for their failure in this matter. Complaints will also be lodged with various regulatory bodies, Financial Conduct Authority, Trading Standards etc.

If you choose to ignore this letter, then complaints will be lodged about your firm with your regulators.

Put it in an envelope, in capitals write 'FOR ATTENTION OF BAILIFFS' on the envelope, keep it near the door, hand it to them threw the window or letterbox.

[jayrol251]

Brilliant. Thank you so much

[jayrol251]

Regarding the wrong address... it appears that the update in address came AFTER the original claim but a month BEFORE the judgement. Will this still stand? The SLC knew my address and its their obligation to pass info onto Erudio. I also read a case where Erudio failed to contact someone who had moved house and had to compensate the person as they had his email address and other simple ways they could've found the new address. Hoping this works for me too. I have a few pics here that may be of interest to anyone looking here so will add them

[echat11]

Regarding the wrong address... it appears that the update in address came AFTER the original claim but a month BEFORE the judgement. Will this still stand? The SLC knew my address and its their obligation to pass info onto Erudio. I also read a case where Erudio failed to contact someone who had moved house and had to compensate the person as they had his email address and other simple ways they could've found the new address. Hoping this works for me too. I have a few pics here that may be of interest to anyone looking here so will add them

The important bit is, did you receive the Court documents at the address you were at when they were sent to you?

If the answer is no, then you should set a side and complain.

You told SLC, they didn't pass the info on to Erudio when they should have. If they had, then you would have had the opportunity to dispute the monies owed.

You could also send both SLC and Erudio a SAR. Find out what's going on with the 'address'.

https://legalbeagles.info/library/gu...ccess-request/

[jayrol251]

I received the documents at the previous address but they were forwarded to me. I then informed Erudio of my current address when requesting the SAR and they acknowledged receipt on 22nd August. Then the judgement happened on September 18th.

[echat11]

I received the documents at the previous address but they were forwarded to me. I then informed Erudio of my current address when requesting the SAR and they acknowledged receipt on 22nd August. Then the judgement happened on September 18th.

Yes, but you told SLC, is that correct?

SLC failed to tell Erudio, so the Court documents went to your previous address, is that correct?

We are talking about before you informed Erudio when you sent your SAR request.

You need to be clear on the facts, Judges make decisions on the facts.

[jayrol251]

I'm going to have check this. thanks

[echat11]

I'm going to have check this. thanks

We want to make sure you get it right, update when you've got more info.

[jayrol251]

Ok. It looks like I informed HSL of my current address a while ago, not SLC.

(SLC held the original loans but they sold the loans to 2 private companies; HSL and Erudio.)

I moved house in February 2023. Not long after I let HSL know my new address by replying to a previous email they'd sent. At the time I thought I was telling SLC but just checked my emails.

Some post was forwarded to my new address by the post office. This is when I received the claim for the money. I intended to fight the claim so I requested SAR (Aug 22nd) letting them know my new address. I put in my intention to defend via the moneyclaim website. I expected some communication from court to let me know I could put my defence forward but received nothing and assumed they'd dropped it or just had a long waiting list.

Meanwhile the judgement went against me due to no attempt at a defence on September 18th.

TLDR

Erudio knew my address a few days AFTER the money claim but BEFORE the judgement and subsequent letters etc.

Must be frustrating to hear this mess up from someone like myself. Apologies

Does this mean setting aside the CCJ isn't an option?

Would personal circumstances be considered by the judge? (I had some heavy things to deal with during this period which I'm happy to share with you on here if you think it's worth doing so)

Appreciate the help and understand that this is my own fault for not being organised etc

[echat11]

Would personal circumstances be considered by the judge? (I had some heavy things to deal with during this period which I'm happy to share with you on here if you think it's worth doing so)

O.K. so forget the 'wrong address', you can still go for a 'set aside' if you believe the 'circumstances were exceptional', i.e. you couldn't deal with the claim because of your health, etc. You don't need to expand on the circumstances here, but they need to be strong enough to convince a Judge that, that he sets the Judgement aside. There are cost implications for the set a side, but again seek the creditors 'consent'.

Just to add, you'll need evidence, i.e. doctors report etc