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blackhawk1975

Old style student loan- sherriff at my door with Charge for Payment 2002 case!

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I wonder if anyone can offer any advice.

 

I had a student loan in 1997 (which I totally forgot about).

 

A few months ago I received a letter from Erudio about it.

 

As this was the first I had heard from them for 17 years,

 

I replied back to them stating I believed it to be statue barred.

 

Today while at work, a sheriff's officer left a citation at my home with my wife.

 

It's actually a copy of a Charge for Payment from a court from 2002.

 

This is the first of me being aware of this and telling me I have 14 days to £2,200!!

 

Now, in May 2010 I entered into a trust deed which became protected.

I was successfully discharged from this in March 2014.

 

I guess I'm wondering what I do next?

 

Just as I thought I was getting my finances back in order, this appears!

 

What are my options?

 

If I have to pay it,

 

will they accept a full & final

or a slightly reduced amount?

 

Can I pay it up?

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yes you can but not blindly.

 

if SLC took out the decree in 2002

and now Erudio is trying to enforce it

 

I don't think they can do that?

 

dx


..

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darn they can!!

 

A new owner would not have to go to court, as the owner is legally allowed to sell it on to who they so decide to!

...

ok are you aware of this ever appearing on your CRa file

 

or

 

on WWW.trustonline.org.uk

 

also worth a try.

 

when did you take out the loan?

term start sept 1996 or sept 1997 ?

 

have you ever deferred it?

 

and the EXACT date of the decree is need

 

I don't think so

but if there is 5yrs from loan date till court claim it might have been SB'd in Scotland before the claim was made

 

just musing

 

 

dx


..

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Was this debt not included in your Trust deed ?


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darn they can!!

 

 

A new owner would not have to go to court, as the owner is legally allowed to sell it on to who they so decide to!

 

 

...

 

 

ok are you aware of this ever appearing on your CRa file

 

also worth a try.

 

 

when did you take out the loan?

term start sept 1996 or sept 1997 ? It would have been Sept 1997

 

 

have you ever deferred it? Possibly, but I can't be sure as it would have been over 10 years ago

 

 

and the EXACT date of the decree is need According to the copy I received today, it was 17 July 2002. It was "extracted" on the 13 Oct 2014.

 

 

I don't think so

but if there is 5yrs from loan date till court claim it might have been SB'd in Scotland before the claim was made.

 

 

just musing

 

 

dx

 

Replies above, thanks.

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Was this debt not included in your Trust deed ?

 

No because it was completely forgotten about. Unsecured debt can still be included in a trust deed even if not specifically mentioned. I had an income tax underpayment written off because I was in my trust deed at the time.

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Judging by what I've been reading it looks like I'll have to settle this somehow since they have a decree.

 

I've done an I & E and plan to send them this next week along with an offer to pay £50pm. The outstanding amount is £2200. Do you think they are likely to accept that? How inflexible are they?

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Interested to know how you get on.

 

I've had a similar experience which to date has resulted in me being served with a Charge for Payment yesterday.

 

I have 14 days to respond.

 

The balance on mine is £2,200.

 

I plan to offer them £50pm as that's about as much as I can realistically afford.

 

I wonder if they will accept that?

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If you can, id push for a Full & Final Settlement?

 

I read a thread the other day and i wish i had seen it sooner as the guy/girl seemed to have paniced and shot straight in with a 50% offer ....they rejected it!?!?!?

 

They are greedy b*st*rds ( sorry for swearing) but, they are.

 

So £2,200 with a minimal bit of work will become £1,100 (50%)

 

If you play hard, fight them then i would begin with a 10% offer and fight like heck with small increases.

 

 

People have won at 10% with other DCA's but, you need to paint a picture that you have no money,

have no chance of getting any money and you sold your last posession and your grannys uncle just died and left you £100.

 

 

you can scrape together a £££ offer, if they don't accept? You will spend it on food-clothes-heating etc etc.

 

........Ahh can you make a F&FS on a decree? Sorry im clueless on Scottish Law.

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I'm assuming a Decree is the same as a CCJ in England & Wales.

 

 

A court has found that I owe the money and have to pay them.

 

 

I also read where someone was essentially told they will only accept full payment once they have the court judgement (CCJ or Decree).

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post 8 is your only option I feel

 

 

dx


..

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sadly a decree and it limits [20yrs] and with Scottish law is far far worse than a CCJ.

 

 

dx


..

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Once a summary warrant has been issued, and you do not make arrangements to pay they apply for a Charge for Payment, once the charge for payment has expired, normally after 14 days, sheriff officers have powers to get the money from you by, Arresting your earnings, Freezing your bank accounts and

taking money from your bank accounts.

 

That's if they have your employment and Banking details.

 

Once a charge for payment has been issued you can apply for 'time to pay' (see post#8) which will allow you to make a repayment plan. It will also prevent Sheriff officers taking the action listed above.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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This is where I am confused

 

as it states on the "Charge for Payment"

 

that payment should be made to Shoosmiths.

 

Since I want to make an offer to pay,

 

who do I make the offer to?

 

The Sheriff's officers or Shoosmiths?

 

I was under the impression that the Sheriff's officers won't automatically do anything after 14 days and wait for further instructions.

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who do I make the offer to? The Sheriff's officers or Shoosmiths?

 

Shoosmiths, the Sheriff's will be doing the donkey work for them.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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If it's all you can afford ie: sustain a standard of living? .......Please God! tell me that there is consiideration of this in Scottish Law?

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