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Student Loan Debt Issue

[Deleted User]
[Deleted User] Posts: 0 Newbie
First Post
edited 13 November 2020 pm30 9:16PM in Debt-free wannabe

Hi, 

   I am looking for some advice please. 

I had student loans in the mid 90s while at uni. After uni I didn’t earn enough for a number of years to pay any back and then had no fixed address for a while. A  year or so later when I had an address I received a letter saying the loans had been passed on to a debt collection company. Anyway, I started paying them back a small amount each month that I could afford then after 2/3 years I received a letter saying the debt had been passed back to the student loans company and they would contact me. This was in 2013/14. I never heard from the Student Loan Company and moved house a year later. Yesterday I received a letter from solicitors DrydensFairfax saying Erudio have obtained a CCJ and I need to contact DrydenFairfax to pay in the next 14 days. 

I have a 999 Experian credit score at the moment if that means anything so guess that doesn’t show the CCJ if it’s true. 

Advice would be great please as I am in middle of buying a property at moment and trying to get a mortgage. 

«1

Comments

  • sourcrates
    sourcrates Posts: 30,658 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 13 November 2020 pm30 9:16PM
    Moved to DFW.
    Better advice can be obtained here.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • BlueOil said:

    Hi, 

       I am looking for some advice please. 

    I had student loans in the mid 90s while at uni. After uni I didn’t earn enough for a number of years to pay any back and then had no fixed address for a while. A  year or so later when I had an address I received a letter saying the loans had been passed on to a debt collection company. Anyway, I started paying them back a small amount each month that I could afford then after 2/3 years I received a letter saying the debt had been passed back to the student loans company and they would contact me. This was in 2013/14. I never heard from the Student Loan Company and moved house a year later. Yesterday I received a letter from solicitors DrydensFairfax saying Erudio have obtained a CCJ and I need to contact DrydenFairfax to pay in the next 14 days. 

    I have a 999 Experian credit score at the moment if that means anything so guess that doesn’t show the CCJ if it’s true. 

    Advice would be great please as I am in middle of buying a property at moment and trying to get a mortgage. 

    The 999 score doesn’t mean a thing. It’s the information in your credit files that’s important not some Experian marketing gimmick. Have you also checked your files held with Equifax and TransUnion? 

    You need to get hold of the details of that CCJ and possibly put your house buying plans on ice until you get it sorted. 
  • Does the fact that the last communication I had regarding the debt was over 6 years ago have any bearing? 
  • Also, I have had mortgage offers in the last 2 months with no mention of a CCJ. I’m wondering if it is made up by the solicitors? 
  • sourcrates
    sourcrates Posts: 30,658 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    It all depends when this CCJ was obtained, in order to give you good advice, we need to know a lot of intricate detail here.
    You say you have not acknowledged the debt in over 6 years, so that may give you a defence to have this CCJ set aside.
    Any judgement will show up in the public information section of your credit file, it will also be registered at trustonline.
    First thing is to confirm this judgement exists, obviously no court paperwork has reached you, so where was that all sent ? there would be many letters, an old address perhaps ? you need to find all this out in order to proceed.
    In a nutshell, if you have a judgement, and its fairly recent, you did not recieve court papers and you have not acknowledged the debt in more than 6 years, then you would have grounds for a set aside motion.
    This would cost you £255, although remmision is available for low income earners.
    So you have a lot to do, i suggest you get on with it, writing to the creditor asking for details of the judgement would be my first step.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Ok many thanks.
    I’ve been at my current address that this letter was sent to for 3 years. 
    I have not received anything else regarding the debt before this letter.
    Seems odd to me or am I wrong?

  • sourcrates
    sourcrates Posts: 30,658 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Yes it could be a bluff, but more likely all correspondence has gone to your old 2015 address.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • It all depends when this CCJ was obtained, in order to give you good advice, we need to know a lot of intricate detail here.
    You say you have not acknowledged the debt in over 6 years, so that may give you a defence to have this CCJ set aside.
    Any judgement will show up in the public information section of your credit file, it will also be registered at trustonline.
    First thing is to confirm this judgement exists, obviously no court paperwork has reached you, so where was that all sent ? there would be many letters, an old address perhaps ? you need to find all this out in order to proceed.
    In a nutshell, if you have a judgement, and its fairly recent, you did not recieve court papers and you have not acknowledged the debt in more than 6 years, then you would have grounds for a set aside motion.
    This would cost you £255, although remmision is available for low income earners.
    So you have a lot to do, i suggest you get on with it, writing to the creditor asking for details of the judgement would be my first step.

    I have completed the searches on Trustonline for a CCJ at the addresses I lived at going back to October 2013. There are no CCJs Registered. 

    It turns out I left the address I last received the letter from the debt company at least 7 years ago and there had been no CCJ at that point just a letter saying the debt had been returned to the Student loans company.

  • sourcrates
    sourcrates Posts: 30,658 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 15 November 2020 pm30 12:39PM
    In that case I would write back stating no trace of a CCJ can be found anywere (its possible its older than 6 years and has dropped off records by now) tell them unless they can provide proof of said judgement, then you concider this debt to be statute barred under sec 5, Limitation act 1980, and therefore uncollectable, unless you can provide evidence to support otherwise.
    Now it may be they come back to you and say the judgement was from over 6 years ago, in which case you still have options, as they must go back to court to gain permision to chase this debt again, courts usually concider 6 years to be long enough to do that.
    See what responce you get.
    Either way, non of this should affect your credit file.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Thank you for your continued help. Forgive my ignorance on the subject. 
     Don’t ask me why but I thought cos I left the address more than  7 years ago I didn’t need to do the search with Trustonline for that address. I have just done the search for the address I was last at over 7 years ago and the CCJ came up. It is dated July 2020. 
    Do you think I have any case regarding the fact that I received a letter in 2012 (was longer ago than I thought) from the debt company I had been paying that the debt was being passed back to the student loan company and then I received no correspondence in the following year I was still at that address?
    As the CCJ is dated July 2020 it has been 7-8 years since I received that letter from the debt company passing it back to student loans. I wonder how long ago they started chasing the debt before they got the CCJ ie. If it was more than 6 years after I received that letter from the debt company would that mean I have a case for this to be statute barred.
    Once again TY for your advice.




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