Student loan gone to court claim

jk1977

Hello,


I took out student loans in 1997, 1998 and 1999 On nov 2013 the debt was moved to erudio student loans and since about 2015 I havent sent back the deferral forms, I heard that loans this old had been written off, but now they have issued a claim form yesterday and want to take me to court.


I am not sure what decent options I have because I dont earn over the limit to repay it and they are on the verge of running out anyway.


Thanks

System

HMRC can deduct repayments directly for the newer style loans from 1998 onwards from your PAYE even if the debt is statute barred.

It is also from the last date of acknowledgement which means that given the latest you sent deferral forms back which is an acknowledgment of the debt, you're looking at 2021 for the 1997 loan.

jk1977

Ok thanks, so it is till repayable then I gather?

Ergates

jk1977 wrote: »

Ok thanks, so it is till repayable then I gather?

Student "loans" aren't really loans.

jk1977

@Ergates That is why I thought so, surely there are different conditions for student loans, but now that it is a court matter Im going to have to pay this back even though I never earned enough.

fermi

Tarambor wrote: »

HMRC can deduct repayments directly for the newer style loans from 1998 onwards from your PAYE even if the debt is statute barred.

This is the old mortgage style loans. These are the only ones that Erudio acquired, and these were made past 1998 for the remainder of your loans, no matter the date.

So for these loans, they can only be enforced via the courts.

fermi

jk1977 wrote: »

I took out student loans in 1997, 1998 and 1999 On nov 2013 the debt was moved to erudio student loans and since about 2015 I havent sent back the deferral forms, I heard that loans this old had been written off, but now they have issued a claim form yesterday and want to take me to court.

They haven't been written off.

I would perhaps go to:

https://legalbeagles.info/forums/

as they are well versed with legal claims from debt collectors, which this is despite it being a student loan.

datlex

jk1977 wrote: »

Hello,


I took out student loans in 1997, 1998 and 1999 On nov 2013 the debt was moved to erudio student loans and since about 2015 I havent sent back the deferral forms, I heard that loans this old had been written off, but now they have issued a claim form yesterday and want to take me to court.


I am not sure what decent options I have because I dont earn over the limit to repay it and they are on the verge of running out anyway.


Thanks

Why on earth did you chose not to send back the deferment forms? even if they reject initially you can re apply until they do (assuming you have evidence to qualify)

jk1977

datlex I read that you did not have to fill out the debit details so I sent them a CCA and when they sent back the paperwork I got another contract to sign which I sent back only filled out. I thought that f you dont have to submit details then they cant take money out so I stopped the deferrals.

Lungboy

They aren't on the verge of running out, if your last loan was in 1999 then they'll be written off in 2024. However, they never get written off if you're in arrears, which you are. Unfortunately by not deferring you have defaulted and they are within their rights to call in the entire amount owed. The good news is they can't take what you don't have, so go to arbitration and show that you can only afford a small payment each month.

jk1977

Lungboy Arbitration is that through the courts, or can I do this out of court? Is it possible to settle out of court like get debt consolidation on this?