Erudio/drydensfairfax letter re CCJ 2005

[debsmelvin]

I have received a letter from drydens fairfax solicitors threatening bailiffs,

putting a charge on my house and attachment to earnings

- standard stuff I think from reading other posts on here.

 

My CCJ was received in default judgment in 2005 and

since then I have been paying £55 per month.

 

I stopped paying it because I simply could not afford to pay it.

 

I am on disability benefits and my husband is a pensioner.

I want to know what is the worst they can do to me.

 

I do not want to complete their income and expenditure form as I know they will expect me to pay £200 per month or something ridiculous.

 

If I let them take me back to court what would happen?

 

I am really aggrieved about this because I have never earnt over the deferment level since I left university

but because I did not complete deferment forms they got judgment in default.

Am I ever going to be rid off this student loan?!

 

My husband is worried about this and thinking of using his lump sum state pension payment to settle my debt of £4000.

I really don't want him to have to do this but

 

do you think drydens would accept a much reduced figure since they have paid peanuts for my debt?

Edited August 18, 2014 by debsmelvin
add extra info

[dx100uk]

pers i'd let this run a while.

 

you are not alone in receiving this letter

 

seems to be the current letter doing the rounds

 

just where they have gotten upto.

 

when did you stop paying

 

and were / have you been getting statements showing the bal reducing?

 

dx

[debsmelvin]

I was paying £55 per month until oct 2013 from 2010 when they caught up with me.

 

Relates to study from 1992 so mortgage style loan.

 

Can CCJ after 6 years be enforced without them applying to court?

 

What would happen then?

 

Do you have to declare to court income and assets?

[debsmelvin]

Yes have been sending annual statements to me each year. Is this just a normal CCJ now regardless of that it is a student loan?

[dx100uk]

paying who £55PCM?

 

pers i'd forget about the CCJ & it's implications

 

they were not the claimants.

 

go read the other like threads here.

 

dx

[debsmelvin]

Paying £55 to student loans company themselves

[Bandit127]

Yes have been sending annual statements to me each year. Is this just a normal CCJ now regardless of that it is a student loan?

Yes. A CCJ establishes a new debt in law.

 

However, Drysden's is not the claimant on the CCJ and it was so long ago that they are highly unlikely to be able to persuade a judge to allow enforcement.

 

I will wait like the rest, but my call on these letters so far is... Threat-O-Gram.

[dx100uk]

yes def

 

and until Arrows see how many people fall or don't for the threat-o-gram

 

we wont know which way they'll go.

 

so CCJ was in 2005

SLC got ahold of you? in 2010

how please by letter?

 

and you started paying them £55

 

where did this figure come from them?

 

dx

[debsmelvin]

Yes by letter . They (SLC )wanted £160 per month but accepted £55 and paid it monthly until oct 2013 when I stopped because I could not afford it.

[dx100uk]

then they cant be relying on the CCJ

as that surely would have stated some kind of monthly figure in the judgement.

 

have you that letter please

 

dx

[debsmelvin]

Yes I have letters from SLC accepting £55 per month agreed on temporary basis. Have copy of CCJ judgment in default and my original student loan agreements

[dx100uk]

what is in the judgement box of the CCJ.

 

is the SLC account number on the CCJ

the same account you paid the £55 too?

 

dx

[debsmelvin]

It isn't the CCJ

 

it's case details that i requested from court itself

 

particulars of claim,

case no and

date of judgment by default

together with copies of my original loan application.

 

The £55 per month was paid in relation to this case number.

 

I have never had any other ccj's other than this.

 

Only found out I had CCJ in 2009 when SLC finally tracked me down

[dx100uk]

you started paying against the CCJ within 6yrs of it

so 'it' is still 'live'

 

ideally we/you need a copy of the judgement details

 

I would be sending the SLC an sar.

 

for now just keep us upto date with any DF stuff that comes.