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Statute Barred


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Hi

 

 

I have an old style student loan from the early 90s.

 

 

I have never repaid any money nor have I responded to any correspondence.

 

 

I have had a couple of letters over the last two years about my account and have now had one from Erudio.

 

 

Can I just send them a statute Barred letter to get them to go away?

 

 

Ive built up a decent credit rating over the last 10 years and dont want the to ruin it for me.

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Yes, as they are the ones pursuing - they should pass it on to their "client"

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I'm in the same boat as this and my loans are now statute barred.

Student Loans never put a default on my file, so is there any way Erudio can register a default one?

 

Thanks,

 

James

 

Nope!

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 9 months later...

i have just had a response from Erudio about my student loan this is what they say.

 

 

"We refer to your letter dated 1 August 2014 in which you allege that this debt is barred by statute

and therefore that we are not entitled to recover the outstanding balance.

Please accept our apologies for the delay in our response.

 

Section 5 of the Limitation Act 1980 states that

"an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued"

 

We confirm that an action was brought to this matter within the relevant period,

and that judgment was entered against you in the County Court on 20 Nov 1996 in the sum of £1509.25.

 

We are therefore entitled to contact you regarding this debt,

and to take appropriate enforcement action against you if you do not make a payment.

 

Contact us blah blah blah.......

 

The loan was issued on the 15th Nov 1995.

 

What do I do now?????

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Ok so i have just had a response from Erudio about my student loan this is what they say. "We refer to your letter dated 1 August 2014 in which you allege that this debt is barred by statute and therefore that we are not entitled to recover the outstanding balance. Please accept our apologies for the delay in our response.

 

Section 5 of the Limitation Act 1980 states that "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued"

 

We confirm that an action was brought to this matter within the relevant period, and that judgment was entered against you in the County Court on 20 Nov 1996 in the sum of £1509.25.

 

We are therefore entitled to contact you regarding this debt, and to take appropriate enforcement action against you if you do not make a payment.

 

Contact us blah blah blah.......

 

 

The loan was issued on the 15th Nov 1995.

 

 

What do I do now?????

 

You had the loan in 1995 and a claim was issued against you in 1996 ? Sounds as though there is a major muck up here.

 

You should ask them to provide evidence of this Judgment which they say was awarded against you. Even if one was, I would think they might have problems pursuing through the court and would have to give a darn good reason why no attempt has been made to collect on this before.

 

I will ask someone to look in and advise further.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You had the loan in 1995 and a claim was issued against you in 1996 ? Sounds as though there is a major muck up here.

 

You should ask them to provide evidence of this Judgment which they say was awarded against you. Even if one was, I would think they might have problems pursuing through the court and would have to give a darn good reason why no attempt has been made to collect on this before.

 

I will ask someone to look in and advise further.

 

Ok thanks for the advice, I'll await further instructions.

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They are correct in my view but they may certainly have a problem trying to enforce it

particularly if they have not done so before now.

 

 

They would need to return to Court to ask permission to enforce a

nd providing they have always known where you live I can't see a Judge agreeing.

 

 

The ball is in their Court and I would see what they intend to do next,

 

 

I suspect they hope you were just going to cough without asking questions.

 

 

This should not be showing on your Credit File but have you checked?

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Not checked my file yet. How do I do it for free?

 

I think you can take out a free 30 day trials with Experian, Equifax and Call Credit. Do make sure you cancel within the time frame.

 

Noddle is totally free, but you do have to let them have a credit/debit card details so they can confirm you are you !!

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I would have thought that if they had obtained Judgment in 1996 then it is unlikely to be showing on either your credit files or even Trust online (which you would need to pay to see).

 

IMHO, your best bet is to insist that Erudio provide evidence of the Judgment and how they managed to obtain it when you were never notified and you haven't been in hiding.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok. Is there a template for something like that available? I don't want to shoot myself in the foot as it were.

 

Sadly no there isn't. I would be saying something like....

 

Dear Sir or Madam (or name)

 

Any references

 

I am in receipt of your letter dated XYZ.

 

You claim there has been a County Court Judgment was obtained against me from 1996. I have not been advised of this and if you are to rely on this statement, then I must insist that you provide me with the documentary evidence.

 

I look forward to your early response.

 

Yours faithfully,

 

Etc, etc.

 

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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can I politely suggest you read a few of the threads here in the SLC forum where you have posted.

 

 

there are numerous threads detailing drydens and arrows[Erudio] firing off

what are quite plausible letters saying 'because there is a judgement from XX date

we can do XXX or whatever we like.

 

 

the true fact is, that unless you are in Scotland, and SLC attained a decree against you [enforceable by anyone for 20yrs]

then their threats are rather empty.

 

 

they were NOT the original claimant

a period of 6yrs has elapsed since the judgement

 

 

they'd have to get the judgement changed to their name

[very diff after 6yrs]

 

 

then they'd have to convince a judge to enforce the judgement

[again :very diff after 6yrs even for the original claimant]

 

 

cats chance no chance.

 

 

pers I'd not reply further

 

 

see what they do.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have two ccjs from the 90's and one of the creditors told me it was no too late to do anything even though i had been making token payments. Not heard a thing for 3 years now

Any opinion I give is from personal experience .

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can I politely suggest you read a few of the threads here in the SLC forum where you have posted.

 

 

there are numerous threads detailing drydens and arrows[Erudio] firing off

what are quite plausible letters saying 'because there is a judgement from XX date

we can do XXX or whatever we like.

 

 

the true fact is, that unless you are in Scotland, and SLC attained a decree against you [enforceable by anyone for 20yrs]

then their threats are rather empty.

 

 

they were NOT the original claimant

a period of 6yrs has elapsed since the judgement

 

 

they'd have to get the judgement changed to their name

[very diff after 6yrs]

 

 

then they'd have to convince a judge to enforce the judgement

[again :very diff after 6yrs even for the original claimant]

 

 

cats chance no chance.

 

 

pers I'd not reply further

 

 

see what they do.

 

 

dx

 

Oh that sounds more like what I want to be hearing, great news, so I'll just hold tight for now and see what happens then.

 

 

Thank you for your input, it seems like you know more of the technicalities of these things. Much appreciated.

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prob served to an old address

 

 

PLEASE

I can recommend nothing better than go read all the threads of recent here

the more you read

the stronger we become.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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