Drydensfairfax/Student Loan ccj - help please!
Violet_wiggy
Forumite 2 Posts
in Loans
I returned to UK a year ago from (9 years) overseas and have recently received letters from Drydensfairfax demanding full payment of my student loan.
I had student loans with SLC from 1993-1996. When I finished my studies I deferred my payments until I moved overseas in 2012. As the threshold was different if you lived overseas(ie is a lot lower) I started making payments with my debit card to SLC from April 2013, after the end of the deferment period. I set up an automatic payment via the online portal. They had all my overseas details. I then forgot about it for a while until I was checking my bank account and noticed that payments hadn't been taken for a few months. The last payment receipt that I have is dated July 2013.
I tried to log onto the SLC portal only to be advised that my loans had been sold to Erudio.
I emailed Erudio customer services and they couldn't find any details about me. I emailed them again with my SLC ref no, UK addresses and overseas address, name, DOB and they responded saying my details weren't on their system. So I forgot about it.
Fast forward to present day and I get a letter from Drydensfairfax. I called Erudio as didn't really want to deal with after reading a lot of unsavoury things about them. Again Erudio couldn't find any details about me. I gave my parent's address, the UK address where I lived for 14 years (& had deferred from during that time) plus the overseas address that SLC would have had when I started making payments - still nothing. However the agent suggested they may have one of my student addresses. I couldn't remember after 25 years!
Anyway I managed to remember my last student address which I left in June 1997. That's the address they had on file. They wouldn't tell me anymore and that the debt had been outsourced to Drydensfairfax.
I then wrote to them requesting proof of the debt.
The response was that a default was recorded in August 2017 with a CCJ entered on 11th September 2019.
I checked the registry and the CCJ is at the student address that I haven't lived at for 25 years ( or for 22years at the time of ccj)
Is there anything I can do about this? Can I get it set aside? Can it be statute barred?
I would appreciate any advice as they're threatening enforcement action if I don't pay in full.
I had student loans with SLC from 1993-1996. When I finished my studies I deferred my payments until I moved overseas in 2012. As the threshold was different if you lived overseas(ie is a lot lower) I started making payments with my debit card to SLC from April 2013, after the end of the deferment period. I set up an automatic payment via the online portal. They had all my overseas details. I then forgot about it for a while until I was checking my bank account and noticed that payments hadn't been taken for a few months. The last payment receipt that I have is dated July 2013.
I tried to log onto the SLC portal only to be advised that my loans had been sold to Erudio.
I emailed Erudio customer services and they couldn't find any details about me. I emailed them again with my SLC ref no, UK addresses and overseas address, name, DOB and they responded saying my details weren't on their system. So I forgot about it.
Fast forward to present day and I get a letter from Drydensfairfax. I called Erudio as didn't really want to deal with after reading a lot of unsavoury things about them. Again Erudio couldn't find any details about me. I gave my parent's address, the UK address where I lived for 14 years (& had deferred from during that time) plus the overseas address that SLC would have had when I started making payments - still nothing. However the agent suggested they may have one of my student addresses. I couldn't remember after 25 years!
Anyway I managed to remember my last student address which I left in June 1997. That's the address they had on file. They wouldn't tell me anymore and that the debt had been outsourced to Drydensfairfax.
I then wrote to them requesting proof of the debt.
The response was that a default was recorded in August 2017 with a CCJ entered on 11th September 2019.
I checked the registry and the CCJ is at the student address that I haven't lived at for 25 years ( or for 22years at the time of ccj)
Is there anything I can do about this? Can I get it set aside? Can it be statute barred?
I would appreciate any advice as they're threatening enforcement action if I don't pay in full.
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Replies
Old-style student loans usually became due for repayment in the April following the conclusion of your course, and any limitation period could not begin until after you missed a payment on your loan. However, if you asked for your loan to be deferred within the six year limitation period, this would have restarted the limitation period.
It appears you acknowledged the debt by payment until July 2013.
A CCJ was entered on 11th September 2019. If the claim was started after July 2019 you may have an argument.
Yes you can apply for set-aside and defend the claim but check your dates first.
This would be better on the debt-free wannabe board