Erudio CCJ Surprise

Tierack

Hi. I'm new to all this and would really welcome your advice. Back in 2017 I was in email contact with Erudio Student Loans following an unexpected Default Notice. They informed me that there were two periods of a few months where they said my deferments had not been received and these dates back to over 5 years ago. I spoke to them and explained my wife's condition (she had and still has cancer) and they said they would put the account on hold while I was disputing the arrears. They explained they would need to request information from the Student Loans Company about the disputed arrears and I heard nothing more from them.

Following this, my life became chaotic with my wife's illness and I truly forgot about my student loans. Last year we moved house and didn't think of Erudio when I did so and I know I should have told them of the change of address. I wasn't in a good state of mind and things got overlooked.

This week I discovered a new CCJ on my credit report and after some research, it seems it was issued in September 2019. My question is about whether I should apply to have the CCJ set aside. My reasons are that I was in mid-dispute and heard nothing more via the email conversation that had been ongoing for a while. My failure to give Erudio my address is my fault but there was circumstances that took precedence to normal daily life. Erudio didn't make any checks on my address and didn't use my phone number or email address. Would a court find these arguments acceptable? I'm intent on paying the whole amount (£3600) back in either case but I feel life has been so unfair lately and having bad credit too feels a little unfair. Any help gratefully accepted!

Tierack

I should add - Erudio have never added an account on my credit file and did not register the default either. Should they have done? Thanks!

sourcrates

Hi,

Two tests for a successful set aside :

(1) did you receive the claim form ?
(2) do you have a defence to the claim ?

Tierack

Hi. I kind of feel the answer is yes to both.

whitepaper

sourcrates wrote: »

Hi,

Two tests for a successful set aside :

(1) did you receive the claim form ?
(2) do you have a defence to the claim ?

Tierack wrote: »

Hi. I kind of feel the answer is yes to both.

In which case, a set-aside application which will cost you at least £255 of your hard earned cash will probably not succeed.

If you received the claim form, and wished to contest it, you should have entered a defence at the time as you would have been invited to do under such circumstances.

I suggest you put the £255 you seem willing to waste today to good use, like paying towards the CCJ you have.

Tierack

Well thank you for your reply. It's most appreciated. I think I misread the post - I haven't received a claim form. I did make it clear that I intend to pay the debt either way but I feel having a CCJ is unjust given the circumstances. I thought thought be a safe space to ask for advice - I still hope I'm right.

whitepaper

Tierack wrote: »

Well thank you for your reply. It's most appreciated. I think I misread the post - I haven't received a claim form. I did make it clear that I intend to pay the debt either way but I feel having a CCJ is unjust given the circumstances. I thought thought be a safe space to ask for advice - I still hope I'm right.

Ok, that's not an issue. I'm sure we all misread posts or mis-post replies on occassions

However, the indication that you have made that you would pay the debt either way is an acceptance of the debt, so presumably you do not have a valid defence to the claim.

Therefore, you now fail on that leg, sorry.