Erudio Letter - Statute Barred ignored?

saw214 · 20 August 2014 at 3:54PM

Hi all.
Two weeks ago a letter arrived out of the blue at my flat from drydensfairfax, asking the reader to confirm if i lived at that address and could i contact them for a personal matter. I suspected this was for a student loan from 1991, consulted the fora and promptly ignored the letter to see what happened next. I then received a letter from Erudio a week letter to say that the management of a student loan from 1991 (so i was right) had been passed to drydensfairfax and that i should contact them asap to discuss this loan, or to let them know if i had received this letter in error etc. I then sent the template letter from this site that states the statute barred status should apply as it has been (well) over 6 years since I contacted anyone about this, didn't sign it in pen, just typed my name as directed by other commenters, haven't called anyone. Didn't send it recorded delivery though.

I then received a letter from drydensfairfax about four days after I posted mine, saying i had had a CCJ logged against me for that loan in 1997. They then list three possible next steps for them:
1. if they find out i am employed they MAY look to obtain an attachment of earnings order against me - take it from my wages.
2. where the judgement is over 6 years old they MAY apply to the court for permission to issue a warrant of control to get a bailiff round to my house and take goods.
3. if they find out i am a homeowner (I am) they MAY secure its position by applying to the court to obtain a charging order over the property.

Then they ask me to contact them and included an income and outgoings etc form to fill out.

So, they have not directly acknowledged my letter asking them to consider this closed as it is a statute barred debt, and their letter is riddled with MAYBEs and MIGHTs. So am I to assume that all of those three things cannot apply and they are just trying to freak me out into contacting and paying back? Or perhaps they are ignoring my letter as i didn't record send it so they can pretend they didn't get it? Or can my insistence that this is statute barred still apply, or can they actually enforce a payment from me?

I am not interested in the ethics and morality of this - yes I should pay it back and no i'd rather not; I don't earn over £28k so could apply for a deferral but this would acknowledge the debt and set the 6 year clock ticking again.

Should I send the statute barred letter again by recorded delivery with a cover letter stating i sent this last week, please acknowledge it and tell me this mater is now closed because you can't actually do anything you suggest; OR, can they do those things, and I should just put my hands up now and say you got me how about £50 for the next 24 months?

Thanks, much appreciated in advance. Sim

longtermplanner · 20 August 2014 at 4:02PM

A debt never becomes statute barred after a CCJ. However after 6 years a creditor has to apply to a court to enforce the judegment.

fermi · 20 August 2014 at 4:14PM

Please read the advice in this thread ---> https://forums.moneysavingexpert.com/discussion/5039601

saw214 · 21 August 2014 at 2:57PM

You know how it is, when you search and search and nothing comes up so you join a forum and ask a question and then AFTER that you find a similar query and see a good response? Yeah..

Thanks guys, I now know why they didn't acknowledge it as statue barred (the original CCJ) and what my options are. Much appreciated.

I also can't find anything about this though - people say it is 'unlikely' a judge will grant them permission to pursue; this level of uncertainty makes me edgy. Has anybody had any experience where they did push the issue and said 'ok go ahead, make me pay it', and drydensfairfax did get permission? How unlikely is unlikely?

Clutching at straws here I know, but slowly coming round to the fact I'll 'likely' have to pay this one back...

National_Debtline · 21 August 2014 at 3:47PM

saw214 wrote: »

I also can't find anything about this though - people say it is 'unlikely' a judge will grant them permission to pursue; this level of uncertainty makes me edgy. Has anybody had any experience where they did push the issue and said 'ok go ahead, make me pay it', and drydensfairfax did get permission? How unlikely is unlikely?

Hello there,

The general rule with the courts is that six years is sufficient time for a judgment creditor to enforce their judgment. It is only likely to be the case that enforcement would be allowed if they have frequently tried to enforce the judgment over the years without any luck. Allowing enforcement beyond the six years is very much the exception rather than the rule.

Two cases where permission to enforce on these grounds were refused are:
Duer v Frazer [2001] 1 All ER 249
Patel v Singh [2002] EWCA Civ 1938

Leave was granted in The Society of Lloyds v Longtin as the claimant had tried to enforce over the years.

There is also discussion within Patel v Singh that outlines that leave could be granted if the defendant has a significant improvement in their financial circumstances after the six years is over.

In reality, it is incredibly uncommon for a DCA to try and enforce a very old debt. Whether or not this happens in your case remains to be seen - though I would be very, very surprised if it happens. I cannot give you a definitive guarantee, however, DCAs can be a very unpredictable bunch at times.

Very best wishes,

David @ National Debtline.

saw214 · 31 August 2014 at 10:28AM

Hi David from National Debt Helpine,

That is nice advice, thank you. I am going to take a leap, then, and post the following to drydensfairfax:

[FONT=&quot]"I am writing in reference to your later dated XXXX, in which you clarify that the above named debt cannot be considered statute barred due to the Claim Number XXXX logged against me in 1997.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I understand that six years is sufficient time for this CCJ to be enforced. As six years has passed between 1997 and today, I wish to state that I will not be contacting you further about settling this debt unless you receive permission from a court to enforce the CCJ."[/FONT]

[FONT=&quot]Before I send this, can someone just give a yay or nay as to whether this is good enough wording. I assume this is as basic as it needs to be, but just in case.[/FONT]

[FONT=&quot]Thanks again
[/FONT]

nottoolate · 31 August 2014 at 10:46AM

i would add if me

please note that i will oppose or dispute any application such for enforcement

[Deleted User] · 31 August 2014 at 11:13AM

Have they had suitable (ie. current) address details, during the period since the CCJ was granted?

saw214 · 2 September 2014 at 3:28PM

Hi Bedsit Bob,

No I haven't heard from them for years and have lived in many places since 1997. I think my parents got a letter from Mackenzie Hall in 2006 asking if they knew where I was and I was out of the country at that time so they truthfully replied they had no idea what my current address was.

I moved into my current address in June 2010 and have only just heard from anyone about this this year. Prior to that, nothing direct to any address for me for at least ten years.

saw214 · 2 September 2014 at 3:30PM

Nottoolate - if i add that sentence, what actual grounds do i have to oppose an enforcement application? After all, I do owe the money. Is stating that they haven't enforced the CCJ within the legally expected timeframe grounds enough?

[Deleted User] · 2 September 2014 at 4:28PM

saw214 wrote: »

No I haven't heard from them for years and have lived in many places since 1997.

That will probably count against you, and encourage the court to allow enforcement, on the grounds that they couldn't have enforced it sooner, because they didn't know where you were.

If they had known where you were, they wouldn't have had a reason not to enforce it, so the court would be less likely to be sympathetic to their request.

Erudio Letter - Statute Barred ignored?

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