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    • Having reviewed my previous response, whilst the overall position remains the same, where I referred to a Default, this should have referred to the full amount falling due for payment/the demand for full payment.  I apologise for any confusion that this may have caused and have amended my explanation below to replace any reference to the Default Notice.   Our client’s records show that the last deferment date was the 24 April 2011. Once deferment ends, the agreement takes effect in accordance with the terms thereof – i.e. the monthly payments fall due.   The relevant limitation period in respect of this type of agreement is 6 years, pursuant to section 5 of the Limitation Act 1980 (‘the act’).  In respect of this type of agreement, limitation starts to accrue when the full amount owing falls due for payment, as the creditor does not have a cause of action to bring proceedings for the full amount of the claim until that time.  The full amount owing under the agreement becomes due (and the cause of action accrues) in one of two ways, namely:   1.    If the customer fails to make required payments, the creditor can serve a Default Notice pursuant to section 87 of the Consumer Credit Act 1974.  In the event that the customer does not pay the arrears in accordance with the Default Notice, the creditor can terminate the agreement.  Limitation then starts to accrue from that date; or 2.    If the agreement is not terminated due to failure to comply with a Default Notice, the full amount falls due for payment when the full term of the agreement expires.  Limitation then starts to accrue from that date.   In this case, the agreement was not terminated under the terms of a Default Notice.  The cause of action and hence, the limitation period therefore, started to accrue from the date when the term of the agreement expired.  This was a 60 month agreement.  When a student loan account reaches its 60th month and there is still an outstanding balance, the account matures. This means it will exit the Terms and Conditions of the agreement and the balance becomes due in full. The maturity date is moved on by 12 months with each deferment period meaning that this account matured on the 31 March 2016, which is when the relevant limitation period therefore, started to accrue.  Limitation would not therefore, have expired until March 2022.  As you are aware however, proceedings were issued against you in June 2019 – i.e. comfortably within the relevant limitation period.   Further to the above, even if limitation did not start to run from the date specified above (which it did) and actually started to run from the date of last deferment in 2011 as you incorrectly allege, you did make some payments in respect of the debt, the most recent of which was on the 28 March 2015 in the amount of £90.73, which was paid to Capita under a direct debit.  Pursuant to section 29(5) of the act, the relevant limitation period accrues afresh upon each part payment.  In view of that payment, even if your view of when limitation initially started to accrue was correct (which it is not), it would have accrued afresh based upon the payment and would not therefore, have expired until March 2021.  Again, as proceedings were issued in June 2019, this was comfortably within limitation.   The Subject Access Request supplied to you by Erudio enclosed a number of letters that were issued to you throughout 2016, in which they clearly informed you that your account was in arrears. These letters made it clear that the client wished to work with you to agree an affordable repayment arrangement and that failure to do so may result in a Default being registered against you. Unfortunately, they were unable to reach an amicable resolution resulting in a Final Demand being produced on the 12 January 2017 and issued to you on the 14 January 2017 and it ultimately, becoming necessary for our client to then issue proceedings against you due to non-payment.   As such, whilst I apologise if you feel that our client deliberately delayed the cause of action in order to prolong the limitation period, I assure you that is not the case. As set out above, as the agreement was not terminated under the terms of a Default Notice, Erudio were contractually obligated to allow a 60 month period between the last deferment date and the account maturity date.  They then acted in a fair and reasonable manner by allowing an additional 10 months after the account maturity date to give you the opportunity to resolve the matter before the Demand in Full was issued.    I have also had sight of an email that you sent to my colleague, Richard Senior in which you requested us to confirm that we have complied with FCA regulation. Having reviewed the matter, I am satisfied that throughout our instruction we have acted in accordance with the relevant FCA regulation.
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Moorcroft - Halifax loan & credit card


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Hi

 

I have been receiving calls and letters from Moorcroft regarding a halifax credit card of just over £4000 and halifax loan of a massive £16,000.

 

I have come to an agreement with them about the card to give them £10 per month by standing oredr, although I have not made them a payment yet, so they keep hastling me as I want to pay on the 15th of the month which is the most convenient for me and for some strange reason only known to them they want me to pay on the 1st.

 

Today I have received a letter from them regarding the loan and they surprised me by only requesting £50 a month but for some reason they are demanding the 11th of the month for this one???

 

I am considering making a counter offer of £40 for the loan account and £10 for the credit card so they will receive £50 per month from me and insist it is on the 15th by standing order.

 

Is the above adviseable for me to agree to if my financial circumstances allow me too? (they do, I can afford £50 pm) Or should I look at other options, which I do not think there are any as good as this?

 

I'll post the credit agreement up for the loan on the next post which was sent to me by the previous DCA but I think it is all ok and in order

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I think that you have to write and state exactly what you have decided is an affordable payment based on your own assessment of your circumstances. You do not have to provide any supporting info, if they don't like it - offer less.

 

With a Standing Order you decide the payment date so say that this will be paid on 15th or whatever by SO.

 

Have you received a valid agreement for the Credit Card and have you checked the 2 accounts for charges, PPI etc?

 

I don't know enough about credit agreements to comment on your scan. When were these taken out?

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I think that you have to write and state exactly what you have decided is an affordable payment based on your own assessment of your circumstances. You do not have to provide any supporting info, if they don't like it - offer less.

 

They are aware of my £ in's and out's as I gave it to them in a phone call, I normally end up losing my temper with them if I speak on the phone but this woman DCA was unusually pleasant and listened to my situation and took that into account rather than being unrealistic and demanding an instant £500 then £400-£1000 per month like most DCA's normally do. Other debt collections should take note that manners, realism and being on planet earth work better than attempted bullying

 

With a Standing Order you decide the payment date so say that this will be paid on 15th or whatever by SO.

 

Have you received a valid agreement for the Credit Card and have you checked the 2 accounts for charges, PPI etc?

 

I don't know enough about credit agreements to comment on your scan. When were these taken out?

 

15th it is then, I don't know why they were being awkward with this

 

There are charges on both accounts although I do not have full statements for the number of charges, but there is no PPI on either

 

Loan was 2008 and the agreement is scanned on previous post, I have not asked for so don't have the agreement for the credit card nor remember the date but would guess at maybe 2006-7

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I would still be wary of speaking to them on the phone. It is your right to request a credit agreement for the Credit card and full statements for both accounts.

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