erudio old style student loan statute barred

Gerry212

I have an old style student loan – date of graduation 1992. 

I last made a payment to SLC in 2006. I last deferred to SLC in 2013.

Erudio took over the debt in Nov 2013 by which time I had already moved address and maintained no contact with SLC and had not updated them re: new address.  I have never had any contact with erudio full stop.  Now erudio have a back door ccj against me and warrant of control. The CCJ was filed 08/072019  

 

Does statute barring date start in my case in 2006 or 2013 or 2014 [end of last deferment] or November 2013 when eudio took over the claim.    Any answers??

The 25 year expiry date would have been reached in 2017 by which stage there was contact between me and anyone else re: the debt and I had not been deferring.

Gerry212

sorry "by which stage there was NO   contact between me and anyone else re: the debt and I had not been deferring.

fatbelly

So you deferred in 2013. That would have counted as an acknowledgement.  It sounds like they started court action  within 6 years, which is why they got a ccj in July 2019.
I think you are unlikely to succeed in a set-aside on that basis.

fwor

My understanding is that a request to defer is considered to be an acknowledgement of the debt. So the clock on statute barring would start at the point in 2013 when you deferred. In terms of statute barring, the date when the debt was assigned to Erudio is irrelevant.

It may vary between the different types of student loan, but IIRC at least some have terms that say that if you fail to keep in contact to defer, you void the terms of the loan and the balance becomes due immediately. If that's true of yours, the 25 year expiry date would be irrelevant, as you would have failed to meet the terms of the loan contract at some point during 2014.

If the above assumptions are correct, it would seem that the validity of the CCJ will depend on whether your last deferment was before or after 08/07/2013 [Correction by fatbelly: the date at which the court action was initiated].

Gerry212

thanks for replies. As i recall the deferments for Student Loans Co followed the financial year and deferments in my case [as best i remember] where never sought as late as may]

fatbelly

Then there may be a chance but the two relevant dates you will need are the exact date  you last deferred and the exact  date they issued a court  claim. If more than six years between them, then setaside is possible provided you
act promptly
have a reason you did not defend the claim
have a defence with a reasonable prospect of success

Lungboy

By not deferring you'd have been in arrears, and Student Loans can't be written off using the 25 year rule if in arrears, so I don't think that line of argument can be used.

Dhomer1974

I've had a similar problem with Erudio. Did not receive any deferment documents in 2018 and consequently they are enforcing the debt. I've never earned enough to repay the loans previously and this has no prospect of changing in the foreseeable. I've made a complaint to them which they as good as ignored. I took this to FOS who backed them. They have since instructed solicitors to recover the funds. I spoke to them recently and set up an arrangement but did so under duress - I had suggested a maximum repayment of £50 as my disposible income was only £54 but the agent was adamant he wanted the full £54, even asking what I would be planning to do with the extra!! I was looking for some advice on whether these people were breaking any rules in the way they operate, as I feel there tactics fly in the face of ensuring the repayments are affordable when they are demanding every last penny. Any help would be appreciated. Thanks.