Help! Chased by creditors included in DRO

mattygreen

Hi all,
A bit stuck and keen for some advice. My husband took out a DRO in 2017 with Stepchange completing the application. This was discharged in 2018.
Since then one of the creditors has continued to send letters demanding repayment. Often receiving 8 demands per month. They have refused to accept they were part of the DRO. They have now taken out a CCJ. 

Contacted stepchange who advised they were included in DRO and to contact insolvency service to have CCJ overturned. 

The insolvency service have given conflicting advice. The first advisor sent a letter to send to the creditor informing them the debt was discharged in 2018 and they had no rights to contact. However the second advisor has said they cannot give advise and we need legal advice. The second advisor also questioned whether the debt should ever have been listed in the DRO as it was with Erudio Student Loans in which case they could continue to pursue the debt. 

The original debt was pre-1998 but unsure of a loan or grant (apparently a grant can be included). 

My question is: how do we find out if the debt listed should have been included and who is at fault here? Should stepchange have listed Erudio or should the insolvency service have checked? Also what action can we take because we have assumed since 2017 that the debt was discharged and therefore have missed any opportunity to reach an agreement with Erudio. 

Any advice would be gratefully received. 

Thank you 

sourcrates

Hi,

This is something that should have really been determined before the DRO was granted.

Guidence covers it here -

"Student loans:

cannot be included under a DRO.

They remain the responsibility of the applicant to repay within the terms of the loan agreement.

Student Grants and overpayment of Student Grants are however qualifying debts for the purposes of a DRO application".

So basically if it was a loan, it cannot be included, if it was a grant, then it can.

If you have evidence the debt was a grant, then write to the IS and the creditor including a copy.

You may also want to complain to the FOS, they will not always look at a complaint if there is a CCJ. But they usually will if they think you have reasons to complain that were not considered by the court.