Blocked from further Student loans due to previous disputes re historic debt by Erudio Stayed Claim.

[Nomyrealname]

 I took out a Student Loan in 1995/6, an old style fixed-term “mortgage” loan for a course that ended in 1998.

This matured at the end of March 2017

 

During the loan term I did not ever reach the threshold for repayments. A few voluntary repayments were made between 1999-2000

Deferment was successful until around 2012.

 

Erratic deferment request forms and disputes regarding evidence of eligibility lead to multiple contentious fines, which I refused to pay on the grounds they were unfairly applied. This created a stalemate and no further deferment request forms were issued or completed after this.

 

Erudio served a claim against me 08/06/2019 (ie 0ver 2 yrs after it had matured) to the County Court Business Centre (town??)

This claim was for payment of Student Loan total £913.80

The total claimed was not a fixed sum, and different letters stated wildly different amounts

 

I lodged a defence through my Solicitor

The claim is currently with the debt management company that bought the unpaid loan

 

Because of deferment breaches, I am eligible to pay the debt, even though it has matured; and even though it is 5.6 years post this date

Currently it remains unpaid without any payment plan, I am not eligible for post graduate finance to do a Masters course

 

If they really want to apply to the court to re-instate proceedings after all this time then I suspect they’ll be concerned at wasting their money, and I think the court might take a pretty dim view of an application.  Can’t see any point in putting a head above the parapet."

 

DF would need to apply to the court to reinstate the proceedings and apply for a summary judgment.

They assert outstanding amount is £1,043.80

They also assert further costs would be payable by me, presumably on the basis that such costs are recoverable under the student loan contract given that they can’t claim legal costs other than the court issue fee in the ‘small claims’ court, which is what this would be

My solicitor advised ignoring them.

 

However because I want to study further, I need to find out how to apply for further student finance:

 

1. Should I set up a payment plan with Dryden & Fairfax, to pay off the alleged sum owed?
2. And if I start making payments, when will my student loan account be open for further applications for post grad finance?
3. Is this a reliable way to become eligible for further student loans or will they take my money and refuse to allow me further access to finance for further study?
4. What is the best way to reactivate my student loan account?

 

 

 

 

 

Edited August 22, 2022 by dx100uk
tons of stupid formatting removed

[honeybee13]

Hello, welcome to CAG.

 

I've moved your thread to our Students forum and left you a link to follow from the Welcome forum.

 

People should be along to advise later.

 

Best, HB

[dx100uk]

when did you last successfully defer? what date was on your form?

 

20 hours ago, Nomyrealname said:

Deferment was successful until around 2012.

 

20 hours ago, Nomyrealname said:

Erudio served a claim against me 08/06/2019

 

if the above are true

then you need to go shoot your solicitor

the debt was STATUTE BARRED

 

unless you got conned into making a monetary payment between those 2 dates to Erudio or their co-horts in the same Arrows DCA group?

[Nomyrealname]

Thanks for your responses

- I have not paid any money since around 2000, the debt was statute barred??!!

Is this applicable for student loans?

 

If it is, then.. I can ignore the alleged outstanding debt, and would except for the fact that I have no way of applying for further finance for a Masters degree; since my student loan account is frozen.

 

Is there a way round this seemingly intractable situation?

 

I am extremely reluctant to set up a payplan with any of these Arrow DCA vultures, since they can't be relied upon to reactivate the account and let me access gov finance - even if I paid the alleged debt.

 

Any suggestion or info gratefully received, regarding how I should approach this.

[dx100uk]

is what you said on dates correct about last deferment?

 

dx

 

[Nomyrealname]

Hi dx,

Yes the deferment was messy but I sent in all the ridiculous extra bits of info they needed including my partner's finances.. letters etc;

 

they refused to accept the bank statements which I screenshot and sent, allegedly there was not sufficient proof it was mine (despite account numbers and other very specific details inc dwp letters matching the account, which was in my name).

 

That deferment request wasn't resolved and there were multiple issues re the fact that they didn't ever send deferment forms in time or at all

 

- they said it was my responsibility to know when deferment was due (quoting their rules re 6 wks notice did not make a difference).

Edited August 22, 2022 by dx100uk
Solid block of text spaced out

[dx100uk]

So you could get the ccj set aside should you wish, erudio might do it for free, or it will cost you £275 to try and do it. Type in backdoor ccj in our enhanced google search box.

 

However, that wont resolve your current issue, regardless to a debt being sb'd, it still exists on rhe original creditors books and just like a bank, if you still owe them money, slc wont loan you more.  There is no way around this situation sadly.

 

Youll find quite a few threads here in the slc forum honeybee moved you too, i dont know how they got on. People come here for help and rarely return once they get it or say thank you.

 

You could try talking directly to slc upon how this can be resolved,.. ??

See what they say about statute barring and how unlawful the ccj is.

 

Dx

[brassnecked]

Is there definitelyna CCJ, as it seems unclear what you are saying about them reinstating proceedings.  Is the Court Claim on hold?  If there is no CCJ the Statute Barred defence would kill it, if there is what DX suggests is a way, the debt was Statute Barred before the claim was made.

[Nomyrealname]

Hi and thanks to Dx and Brassnecked for your replies.

 

• In March 2021 my solicitor said: Drydenfairfax had written to him looking to resurrect the student loan claim. They said they have a load of documentation but were unable to send hard copies of “due to the Covid-19 situation” but could to provide it via their portal.  They wanted settlement without need for further legal action. They assert outstanding amount is £1,043.80. Their last letter to me was 5 Feb, looking for payment by 19 Feb.

 

• My solicitor advised that: To go further that trying to get a response by letter, they would need to apply to the court to resurrect the proceedings and apply for summary judgment. And to ignore them.

 

• As far as I know this claim was stayed ie no progress was made beyond this application to the court by DF
•  

Re possible ccj, I will find out if this was done using my maiden name and previous address. But if this was done, wouldn't it have been unlawful given the fact that they had my updated name and address?

 

Also, I don't understand the rules around statute barred debts and student loans - is it sb after 6 years have elapsed since it matured? Or 6 years after last payment? The rules for my old style loan were till it matured or I reached 50 yrs old..

 

NB Student Loans have said they don't know how to resolve matters so that my account can be reactivated, as my "file" is with Dryden Fairfax.

 

DF do not know about my student loan account. They want payment and to do a income expenditure form to assess what I can afford to pay (I have refused). They will not accept a payment plan without this assessment (I really do not want to give them any personal financial info and have told them it is not a legal requirement).

 

I am very reluctant to give them money but would if it meant my sl account would be opened so I could access the finance I should be eligible to apply for.

[dx100uk]

you are confusing statute barring.

 

your last deferment letter date will be your last sign written ack of the loan.

6 yrs had elapsed before the court claimform was raised = statute barred.

 

slc are lying to you.

they could open your account and allow further funding.

they just need to tell you how to resolve it.

they are the overall admin still in regards to deferment and funding going fwd

nothing to do with arrows etc.

 

you will have a CCJ , the claim is simply stayed, and could be reopened, which will be a good thing for you as you get infront of a judge again and can prove the debt was already SB'd at time of judgement = CCJ poss gone.

 

that doesn't resolve future funding mind.

 

slc must have your old loan on their books still as thats why they have refused further funding.!!

 

have you moved since the CCJ was awarded?

[Nomyrealname]

I have contacted slc on multiple occasions,

they always insist:

they have nothing to do with it anymore;

that they can't open my "file" as they don't have it,

and have no info regards how to resolve it.

 

How can I get past these lies?

 

They have even pretended to pass me to their "legal dept" which turned out to be D Fairfax!

 

I haven't moved since the disputes started: this would mean that they would have knowingly used an old name or old address if there is a ccj.

 

I have lived at the same place with the same name since 2003.

 

I can't afford £275 to set aside any ccj.

 

As far as I am aware there is no ccj in my present name and address. It seems that I will have to pay for a search in case they used a previous name and previous address.

 

Is this the only tool to find out?

 

TrustOnline Search

SEARCH.TRUSTONLINE.ORG.UK

 

[Andyorch]

Afraid so but its only a small fee £4/5 but will give you a definitive.

 

Andy

[Nomyrealname]

So.. after my calls to slc.. strangely since allegedly they have 'nothing to do with each other', a letter from Drydenfairfax came today:

• they are willing to settle for £769.66 (the original debt without madeup charges and fines)
• the possibility of a repayment plan with completed financial statement and my offer of repayment, which they will consider 'and if acceptable seek instructions from their client if a Tomlin Order is needed; thus preventing a ccj from being entered against (me).'
• If I don't reply they have again threatened to apply to the court to lift the stay on the proceedings in order to progress legal action "without further notice. It is also likely this will include an Application For Summary Judgment, given the evidence which has been provided.."

 

So there is no ccj

 

erudio.pdf

[brassnecked]

DX Andyorch, at this point is it worth sending Drydens an SB letter, looks like CCJ not issued yet?

 

[dx100uk]

Not a good idea to leave ref numbers showing, nor use docx as all your pers details are in file info/properties.use pdf only too!

 

Yes lets have a giggle with them BN.

 

Send them our statute barred letter from the debt collection section of our library.

 

add a line at the top. 

in relation to your stayed claim, may i point out the debt was already statute barred at the time of claimform issuance.

 

then the rest of the sb letter.

 

Wont resolve your funding issues going fwd mind

[brassnecked]

Looks like Drydens have cut their own throats and shot themselves in the foot Nomyrealname, do as DX suggests, they won't be happy but tough.  If they did try to get summary judgment sending SB details to court would kill their claim.

[Andyorch]

Topic moved to Financial Legal Issues forum in view of the stayed claim.

 

Andy

[Nomyrealname]

Thanks, I will take your advice and send them a SB letter with the additional details recommended. I guess this will mean no further finance available.. as I can't see any way past any of this; but it will hopefully get them off my back?

[dx100uk]

Theyll still wriggle.

just read a few threads here.

 

as for slc, you and they need to resolve it.

they cant say you cant have further funding , but make you pay a debt buyer on a sum that is legally not owed to the debt buyer.

 

slc need to either take the loan back, and accept small payment, or a knowledge that no debt is owed. 

 

are you near 50yrs or 25yrs since take out, as either of those will wipe the debt.

[Nomyrealname]

I am not sure how I can ask them to resolve this, should I ask them when I send the sb letter? I am 53 yrs old

[dx100uk]

great so the loan should normally now be wiped according to the rules.

the debt buyer had no legal right to raise a court claim as the debt to them was already statute barred.

just to be clear here...there is NO LINK between statute barring and 50yrs of age write -off under slc rules.

 

you need to ask slc WHY as you are over 50yrs old this loan is still a problem to them.

 

it would be far far better to stop using the phone or chat or whatever 

you need to WRITE formally so you have a papertrail as i expect next stop will be the FOS for you.

 

dx

 

 

 

[Nomyrealname]

From previous correspondence they have asserted that the rules don't apply since I defaulted with deferment disputes resulting in unpaid fines etc

[brassnecked]

The rules most certainly do apply to them.

[dx100uk]

no such things as FINES.

they are fake arrears fees.

WHO put them on there??

if it was erudio then they mean NOTHING.

and where are the notices of sums in arrears letters that must be sent to you before fake arrears fees are added to your account?

 

and again SLC can see these and are thus refusing to engage with you...., that shows what liars they are!! they have all the info.

 

you seriously need to read a good few 10's of slc erudio threads here to understand things better.

 

you are being HAD BLIND.

 

[Andyorch]

Quote

In March 2021 my solicitor said: Drydenfairfax had written to him (my Solicitor) looking to resurrect the stayed student loan claim

 

Well they have had plenty of time to make that application (17 months) I personally wouldn't do anything now to prod the bear sending a SB letter may remind them of their previous threat. If they make application (which would be very doubtful) so be it you then continue to defend the claim as a statute barred claim.

 

A copy of the claimed particulars and your defence would be helpful for future reference moving forward.

 

Andy