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  • FIRST POST
    • liveabroad
    • By liveabroad 8th Nov 19, 11:03 PM
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    liveabroad
    Erudio/Shooesmith/DrydensFairFax mess
    • #1
    • 8th Nov 19, 11:03 PM
    Erudio/Shooesmith/DrydensFairFax mess 8th Nov 19 at 11:03 PM
    HI,

    I had 4 student loans - 1997/98/99/2001 - whilst at university in the UK.

    Date of original agreement 1997.

    I'm now 41 years old.

    The last confirmed deferral I sent to SLC was 14/05/2012
    I sent a letter and a deferral form on 14/05/2013 saying that I was moving country and to update my details - I never heard anything if they received this and its been quiet ever since.

    My family in the UK then received:
    On 19/10/2018 I received a letter from Shoosmiths saying my SLC had been sold to them in 2013 and offered me a payment deal or a CCJ would be issued.

    On 15/02/2019 I sent Shoosmiths a letter saying that I hadn't heard anything from the SLC company since I moved and that I didn't know my loan had been sold. I told them to return my account to Erudio so I can sort it with them. I also told them I don't live at the UK address anymore.

    On 31/10/2019 I received a letter from Erudio saying my loan is now being dealt with by Drydensfairfax.

    On 04/11/2019 I received a 'Letter of Claim*' from Drydensfairfax saying 'We have been instructed by, Erudio Student Loans Ltd, in relation to the above debt. If you do not provide proposals to repay this debt or respond as otherwise detailed in this letter, legal proceedings may be issued by a county court’

    *Its very similar to the letter from Shoosmiths in 2018.

    I haven't lived in the UK since 2007 and all I have is 1 x bank account which is registered to my family's address. I guess thats how they got this address.

    Since I live in another country and have no plans on return to the UK, apart from vacation. Should I be concerned with these letters?

    Thoughts or options....
Page 1
    • WhenIam64
    • By WhenIam64 9th Nov 19, 6:27 AM
    • 924 Posts
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    WhenIam64
    • #2
    • 9th Nov 19, 6:27 AM
    • #2
    • 9th Nov 19, 6:27 AM
    I haven't lived in the UK since 2007 and all I have is 1 x bank account which is registered to my family's address. I guess that's how they got this address.
    Yes and no.

    Yes - they may send a claim which if not defended would mean a CCJ against your name at the address they have for "service". The fact you have paperwork with the threat of a CCJ means the address is good for service. You might want to sever ties with any UK address e.g. bank.

    No - If you are not returning then after any CCJ will be somewhat meaningless. No one will stop you to collect it.

    What you might arrange is for whoever received the letter to send the mail back with your new address saying that they are not accepting any responsibility for mail as you no longer live there. If a claim appears, then the same letter should be sent back to the Court Manager stating that the address is no longer valid for service. Sometimes this works; sometimes it doesn't.

    The rules are as follows. They will try the "Usual or last known residence" so give them a different last known residence. And ensure there is proof of posting.

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9
    Last edited by WhenIam64; 09-11-2019 at 6:29 AM.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • liveabroad
    • By liveabroad 9th Nov 19, 12:12 PM
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    liveabroad
    • #3
    • 9th Nov 19, 12:12 PM
    • #3
    • 9th Nov 19, 12:12 PM
    Yes, I have told my parents to send the letters back to DrydensFairFax saying 'NOT AT THIS ADDRESS’ and I've written to them and told them to update my address.

    I'm hoping that will help.
    • WhenIam64
    • By WhenIam64 9th Nov 19, 1:02 PM
    • 924 Posts
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    WhenIam64
    • #4
    • 9th Nov 19, 1:02 PM
    • #4
    • 9th Nov 19, 1:02 PM
    I'm hoping that will help.
    May do but the real issue is with the Civil Procedure Rules for 'service'. If you have a [trusted] UK address then Drydens are within their rights to serve a valid claim on that address. Hence the risk of a default CCJ.

    You'll only know if they can be bothered when a claim comes in and by that time it will be too late.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • sourcrates
    • By sourcrates 9th Nov 19, 1:08 PM
    • 18,766 Posts
    • 17,680 Thanks
    sourcrates
    • #5
    • 9th Nov 19, 1:08 PM
    • #5
    • 9th Nov 19, 1:08 PM
    May do but the real issue is with the Civil Procedure Rules for 'service'. If you have a [trusted] UK address then Drydens are within their rights to serve a valid claim on that address. Hence the risk of a default CCJ.

    You'll only know if they can be bothered when a claim comes in and by that time it will be too late.
    Originally posted by WhenIam64

    But if the OP is not planning on residing in the UK again, CCJ`s etc are not going to affect them much, its highly unlikely they will be pursued abroad, you need to have an address for starters, they would probably try to trace you, then deem the accounts uncollectable when they can`t find you.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • WhenIam64
    • By WhenIam64 9th Nov 19, 4:37 PM
    • 924 Posts
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    WhenIam64
    • #6
    • 9th Nov 19, 4:37 PM
    • #6
    • 9th Nov 19, 4:37 PM
    A Third Party Debt Order is basically a method of legally enforcing a County Court Judgment (CCJ) by obtaining payment from a third party that owes money to your debtor. This approach is often used by creditors who know the debtor's bank account details or they are aware of a large contract the debtor may have.

    The major benefit of using a Third Party Debt Order to enforce your debt is that you retain an element of surprise. The debtor will not know when you make the application and they will not be notified until after you have served the third party with the Court Order. By the time the debtor is made aware of your application and Court Order, their bank account or funds held by a third party have already been frozen.
    Some reading if you have payments going into a UK bank account

    https://www.lovetts.co.uk/blog/debt-recovery-using-third-party-debt-order
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • liveabroad
    • By liveabroad 11th Nov 19, 2:07 PM
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    liveabroad
    • #7
    • 11th Nov 19, 2:07 PM
    • #7
    • 11th Nov 19, 2:07 PM
    Oh that is interesting. I have a credit card account in the UK but never use it. I believe it's been used once since I left the UK in 2007. I do have a regular bank account but again its mostly there for vacation money.

    When I received the first letter in 2018 from Shooesmiths I told them I no longer live at that address. I also sent my new address in the US. I have done the same with Drysden. Basically telling them I have no assets in the UK and to deal with me at my US address.

    Still they keep sending stuff to my parents.
    • liveabroad
    • By liveabroad 11th Nov 19, 2:10 PM
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    liveabroad
    • #8
    • 11th Nov 19, 2:10 PM
    • #8
    • 11th Nov 19, 2:10 PM
    Do you think I would be better sending them a letter recorded? That way I will know if they receive the letter. Also If anything went to court I will have proof I've alerted them of a 'change of address'

    ?
    • liveabroad
    • By liveabroad 13th Nov 19, 11:39 PM
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    liveabroad
    • #9
    • 13th Nov 19, 11:39 PM
    • #9
    • 13th Nov 19, 11:39 PM
    Has anyone ever had a response from DrysdenFairFax Email?
    • liveabroad
    • By liveabroad 25th Nov 19, 12:59 PM
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    liveabroad
    Question, if I have supplied my new address abroad, yet hear nothing from them to confirm.

    Can they still apply for Civil Procedure Rules for 'service' on my UK address (used only for UK bank and PAYG Cell account).

    Would I be able to argue that I have supplied my new address many times, so the fault lies with them for not updating their records or ignoring the change?
    • WhenIam64
    • By WhenIam64 25th Nov 19, 1:52 PM
    • 924 Posts
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    WhenIam64
    Would I be able to argue that I have supplied my new address many times, so the fault lies with them for not updating their records or ignoring the change?
    Yes but it is a 2 legged test. Could you have responded (No) and do you owe the money (yes?)

    As was laid out in post 2, sometimes it works and sometimes it doesn't.

    But if the OP is not planning on residing in the UK again, CCJ`s etc are not going to affect them much, its highly unlikely they will be pursued abroad, you need to have an address for starters, they would probably try to trace you, then deem the accounts uncollectible when they can`t find you.
    Sums it up. What is your concern if you are not returning?
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • liveabroad
    • By liveabroad 26th Nov 19, 4:20 AM
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    liveabroad
    My concern is they keep hassling my family and not dealing with me.

    If they call a CPR for ‘service’ on the address that will effect my family who live at that address. Will it not?
    • WhenIam64
    • By WhenIam64 26th Nov 19, 8:23 AM
    • 924 Posts
    • 600 Thanks
    WhenIam64
    If they call a CPR for ‘service’ on the address that will effect my family who live at that address.
    No the debt is yours as will the CCJ if they apply for one.

    An address for service is exactly what it says - an address where you can reasonably be contacted.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
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