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Erudio Letter - Statute Barred ignored?

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  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    edited 2 September 2014 at 4:42PM
    Bob is right, but the DCA wont know the particulars of your addresses over the years and you are not obliged to divulge that information to them. I'd try it. They can only get leave to actually enforce, but it will cost them money to seek it. It's a game of chicken to be honest. If you dont blink, they might and this all goes away.
    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.
    This would be Plan B if they do manage to get a court to enforce the original CCJ. I would save it as the whammy when and if this ever does get to court....

    "but m'lud, I dont earn enough to pay this anyway under the rules...."
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • OK this is all great info and I'm very much obliged to all of you for taking the time to chat about this. I'll send the letter and will update here with what happens next, to help others see their way through a slightly scary yet morally murky situation - thanks for not judging me for not wanting to pay this back (or if you did judge, thanks for not telling me you did :)).

    Take care and keep giving great advice
  • Hi all I'm looking for advice please. I have revived a letter from a DCA claiming that I have an outstanding debt from a student loan in 1991, they claim that there is a CCJ from2001 so the debt can not be statue barred. Is this correct?
  • fatbelly
    fatbelly Posts: 23,035 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Burger100 wrote: »
    Hi all I'm looking for advice please. I have revived a letter from a DCA claiming that I have an outstanding debt from a student loan in 1991, they claim that there is a CCJ from2001 so the debt can not be statue barred. Is this correct?

    Your situation is the same as the OP here, and the case Fermi linked to, and many others. There is a question whether the ccj can be enforced. See the National Debtline post in this thread.
  • I have had the exact same situation to the OP, however this is referring to a Student Loan agreement in 1992.

    There is no mention of a CCJ, there is nothing regarding this agreement or any CCJ mention on my credit agency reports (Experian & Equifax).

    Bottom line is that out of the blue this company is suddenly pursuing me for a debt of £1300 from 1992 (24 years ago).

    I have absolutely no intention of paying this, I can't even remember whether the debt was paid or not, I have a great credit record and have done for years.

    Do I just ignore this? Do I get in touch with Drydenfairfax (who apparently own this)?

    Frankly do I even have to worry about a debt from 1992?

    Any advice appreciated.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
  • Hi
    This thread ended like so many others without revealing what happened in the end: did you pay or did they go away? or are they still chasing

    Please let me know
    A
  • If the debt is from 1991, and the CCJ issued in 1997, could the debt have been statute barred BEFORE the CCJ was issued?

    Can you check the actual dates, because if the debt was statute barred before the CCJ was issued, it will be null and void.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
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