Can I use Statute Barred - Dryden Fairfax re: Erudio

wiseladycakes

Hi all,

I had a student loan from the 90's. I deferred as my salary was low. In 2016, I started getting debt collection letters from Dryden Fairfax - I had no idea Erudio had taken over the student loan. I never received the letters and the option to defer.

I have always responded to Dryden and Erudio via letter, and in 2018 and 2019, I wrote to them saying I never received correspondence from Erudio about all the changes, etc.

Recently, Dryden wrote to me with copies of letters informing me of the changes and an option to defer. However, the address on the letter is my old university address and not even the most recent address I gave them when I left uni, so they all look fake.

In 2017 - 20th April - I stupidly paid £25 to fend them away. I now realise 6 years have passed between the last acknowledgement of the debt and the current date.

Can I send them a statute-barred letter? And I wondered if anyone has an updated template.

Many thanks,

Clara

PRAISETHESUN

There's templates on the DFW board here: https://forums.moneysavingexpert.com/discussion/6027800/debt-free-wannabe-sticky-provit-statute-barred-letters-defaults-help-and-guidance-all-here

Personally I'd be careful sending the statute barred letter unless you are 100% sure it is actually unenforceable, otherwise you risk re-acknowledging the debt. If you've had recent correspondence, send a "prove it" letter first, and then follow up with the statute barred letter if/when they reply.

sourcrates

Old style student loans are consumer credit agreements.

Payments cannot be automatically deducted from your wages.

Erudio/Drydens have to go to court before they can enforce this debt against you.

This means that the Limitation Act can apply if you have not paid or acknowledged the debt for over 6 years.

fatbelly

I would wonder whether your letters of 2018 and 2019 would count as acknowledgement.