Drysden Fairfax - Erudio - Threatening to enforce CCJ Please help!

beverley1976

Hello everyone

From glancing at the site, I can see there has been a lot of discussion regarding Erudio/ Drysden Fairfax. However, I can't see any posts relating to my particular problem...forgive me if has been answered somewhere else!

Received a letter this morning, and has left me in a state of shock! Took out a student loan in 1994-1995. Very stupidly and naively ignored this debt and had a CCJ awarded against me in 2001. Have had no correspondence regarding this matter since and have managed my finances a lot better!

Letter states that a CCJ was awarded against me in 2001 and that Erudio want me to pay a debt of £1691. If not, they are threatening court action - AOE order/ Bailiffs etc.

What are my options here? Have I no option but to pay up? I am hoping to get a mortgage next year and worry that my now relatively-clean credit record will be ruined by this. If I start to pay them by instalments, will this show up on a credit search?

Thanks for your help!

Roger_Mellie_2

I might be wrong here, but the 'debt' could be statute barred so Erudio may be just trying it on.

https://forums.moneysavingexpert.com/discussion/2606811

fermi

Cannot be statute barred as by definition that cannot apply when when 'action' in the form of a CCJ has already been taken.

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-05.aspx

They would however need permission from the court to enforce a CCJ over 6 years old, which they are not guaranteed to get.

Probably best to give National Debtline a call on freephone 0808 808 4000 to wee what they think the best response would be.

Lensman_2

Who took you to court? Was it Erudio? If not they don't have a snowball's chance of enforcing it because they are not the claimant.

Even if it was Erudio, they would have to apply to court to enforce it and a judge is highly unlikely after the passage of this much time.

It may also be subject to the limitations act, so statute barred anyway. Personally, I am not sure whether CCJs are or not.

Lastly - if you do pay it will not reappear on your credit file. Neither will you "unbar" it if it is statute barred.

sourcrates

I would call there bluff, tell them you want them to enforce it, they have had 13 years in which to enforce the CCJ, my gut instinct is a judge would throw this straight out of court, as they have had plenty of time to action this.

Roger_Mellie_2

Lensman wrote: »

Who took you to court? Was it Erudio?

Reads like the CCJ was given in 2001, so it would have been the Student Loans Company.

Looks like Erudio purchased the toxic SLC debts as well as the loans being deferred and/or repayed.

Roger_Mellie_2

sourcrates wrote: »

I would call there bluff, tell them you want them to enforce it, they have had 13 years in which to enforce the CCJ, my gut instinct is a judge would throw this straight out of court, as they have had plenty of time to action this.

Erudio only recently purchased the SLC pre 98 loan book.

beverley1976

Yes, it was SLC who imposed the CCJ in 2001.

fatbelly

fermi wrote: »

Cannot be statute barred as by definition that cannot apply when when 'action' in the form of a CCJ has already been taken.

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-05.aspx

They would however need permission from the court to enforce a CCJ over 6 years old, which they are not guaranteed to get.

Probably best to give National Debtline a call on freephone 0808 808 4000 to wee what they think the best response would be.

They have previously given some indication of case law in this area. Definitely worth getting in touch.

http://forums.moneysavingexpert.com/showpost.php?p=63812734&postcount=7

beverley1976

Have just spoken to the People at National Debtline.

They confirmed that the debt cannot be statute barred, as a CCJ was brought against me. They also said not to be too worried about bailiffs etc as they would need to go back to court and enforce the CCJ again, which a judge is highly unlikely to do.

So, has anyone any advice on what my next course of action should be? I haven't responded to their letter yet...so do I ignore them and hope they will go away, in the knowledge that they would have the force the CCJ again, or bite the bullet and contact them offering a payment plan?

sourcrates

You could ignore, but this leaves you open to more harassment in future.
You could put the ball in there court by writing to them, stating the fact they would need to go back to court in order to enforce the CCJ, and invite them to do so, force the issue.
chances are the court would throw it out, if they don't, you could still negotiate a payment plan.
Either way you cant lose.