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Drydens are taking me to court for defaulting on student loan - no idea what to do

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clara1212
clara1212 Posts: 3 Newbie
Third Anniversary First Post
edited 6 May 2020 at 9:12PM in Debt-free wannabe
These are student loans from 94-98 so the old style, I had been deferring fine until erudio took over.   Last year I received a claim from Northampton county court which I defended saying it was statute barred however it seems I must have got my dates mixed up as they rejected this. They've now issued an N244.   I have absolutely no experience with this kind of thing- I don't even know if this is the right forum.  They want nearly £10k which needless to say I do not have,  I'd still be deferring if it hadn't been for the mess up in around 2014.  
Thank you in advance.
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  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
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    When did it default?

    If it’s legit you need to come to a payment arrangement with Drydens
  • PixelPound
    PixelPound Posts: 3,058 Forumite
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    They've sent an N244 (list of forms here https://www.gov.uk/government/collections/county-court-forms)? That's if you are applying to set aside or to vary the order down, so looks like a judgment have been given. So is it forthwith judgment, you can see if drydens will accept a manageable payment plan or request the court to very it down to a manageable amount.

    From your post it sounds like you filled out a defence but never went as far as listing - either struck out because it wasn't statute barred or you never responded to directions in time.
  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
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    Why would it be statute barred? If you were deferring that is acknowledging the debt. 

  • Dr_Crypto said:
    Why would it be statute barred? If you were deferring that is acknowledging the debt. 

    I hadn't successfully deferred since 2014 when Erudio took over.   Irrelevant now.  I'm really freaking out.  
  • sourcrates
    sourcrates Posts: 31,516 Ambassador
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    edited 8 May 2020 at 11:57AM
    Why are they sending you an N-244 I wonder ?
    To vary the judgement to an instalment order, you need court form N-245, then you can pay monthly, at an affordable rate, you do not have to pay the whole judgement amount forthwith, if you cannot afford to.
    Who are you refering to when you say "they" the court or drydens ? same question with regard to your defence, because theres a big difference, drydens do not matter, its the court that rules on these things, you need to clarify this please.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates
    sourcrates Posts: 31,516 Ambassador
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    I`m just going to move your thread to the debt board for you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Galloglass
    Galloglass Posts: 1,288 Forumite
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    The N244 is an "application" form requesting the chance to sit in front of a judge. So if Drydens are sending it, it would be useful to know what they are requesting the court to do. Was there a draft order with the N244 and what does it say?

    Wandering around in the dark here until the OP can explain what paperwork Drydens have sent and for what reason.

    Then again it may not be a N244 form but a N24  - General Form of Judgment. If it is the N24 you have 14 days from the date of the N24 to get a Redetermination so you can present your finances to the court and ask for a payment plan

    https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx
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  • The pack includes a statement from Dryden's at end it says The claimant requests the following 
    1 For the stay on proceedings to be lifted pursuant to CPR 3.9 (1)
    2 For the defence* to be struck out pursuant to CPR 3.4 (2) (B) and or 
    3 For summary judgement on the whole claim pursuant to CPR 24.2 
    4 Costs to be made against the defendant

  • fatbelly
    fatbelly Posts: 22,946 Forumite
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    Your defence wasn't rejected and still has not been tested by the court.

    Drydens are asking for your defence to be struck out. It's the court's decision but I would imagine if the court were thinking of doing that they would have done it last year and so they must consider the defence has some merit.

    Presumably the claim was stayed pending something that the court required Drydens to do, and that still has not been done. Do you know what that was?

    You may find Legal Beagles more help if this is now going to be moving to a hearing but please post what the  court decides should be done next.
  • i was taken to country court  were dryden lied to the judge saying i had not communicated with them  which i did via resolver.
    i was not given the court date nor any ability to counter they lies the assistant from dryden put as evidance 
    i now have a judgement against me on my credit record   
    i do not owe any money to them  it is  fraud.  they have bullied and blackmailed and threatened all they want is money they are not entitled to   and i will kill myself before given them a penny
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