Capquest/Drydens CO threat letter - claiming a CCJ exists for Erudio over old SLC loan 'debt'

[Hen2013]

Hi, I am hoping to get some advice following a letter i received from Drysdenfairfax Solicitors at the end of July.

 

I took out a student loan for 3 years while at university finishing in 1997.

 

I cannot remember whether all of my student loan payments were completed against the loan amount as it was such a long time ago (20 years!!).

 

However, I have had no contact with the Student Loans Company, Erudio or any debt agency about this for at least 10 years nor have they tried to contact me.

 

I received a letter now from Drydensfairfax Solicitors saying that their records show I owe about £5000 to Erudio and there is a CCJ against me and that I am a registered property owner.

 

I have checked with Equifax and there is no mention of a CCJ but I do own a house.

Drydensfairfax say they wish to proceed with a Charging Order to secure the debt against the property.

 

I tried to contact Erudio to understand what the situation is

but they say they have no involvement as this has now been passed to CapQuest

(this company has tried calling me a few times but i have ignored them as they leave unspecific general voice messages).

 

Erudio suggested I speak to CapQuest but I do not want to call anyone until I understand what my position is.

 

Can anyone advise me please on what I should do now as I am concerned with a potential court order against my home.

Is this a genuine claim and could they get this Charging Order even if there is no CCJ within the last 6 years?

 

Any advice would be really appreciated.

 

Many thanks

[dx100uk]

can you scan the letter up please

remove pers stuff then upload as PDF

[AndyOrch]

Also check Registry Trust.

 

http://www.trustonline.org.uk/

 

Andy

[ThedaBara]

They'd need a CCJ first... TB

[Hen2013]

Hi - I have the trustonline.org.uk site as well and there are no CCJs that appear with my name against with this address.

 

So what should my response be to the letter of Drydensfairfax? Also, should I make contact with CapQuest?

 

Thanks again everyone for your support and guidance!!

[AndyOrch]

You could ring Drydensfairfax Solicitors and ask for a copy of the Judgment:wink:

 

Andy

[dx100uk]

Post 2 please

[lookinforinfo]

As your Student Loan was taken out in 1994 it came under the Consumer Credit Act 1974. It is possible that a CCJ was issued against you more than 6 years ago so it would no longer show on your credit report.

That being said, even if they have a CCj against your name and it is by no means certain that they have, a gap of at least 10 years makes it virtually impossible for them to enforce it in Court.

 

I would write to Drydensfairfax claiming that as far as you are aware you fully paid your loan well over 10 years ago. Since that time you have had no contact from the Student Loan company nor Erudio about any outstanding amounts. You also have no knowledge of any CCJs against your name and put them to strict proof that one exists. . Accordingly, you will strongly defend yourself against any attempt to apply for a Charging Order and as your loan was covered by the Consumer Credit Act 1974 you will complain to the Financial Ombudsman about the unfairness of pursuing you for a debt that you do not owe and

waiting for over 10 years before making contact.

[AndyOrch]

As your Student Loan was taken out in 1994 it came under the Consumer Credit Act 1974. It is possible that a CCJ was issued against you more than 6 years ago so it would no longer show on your credit report.

That being said, even if they have a CCj against your name and it is by no means certain that they have, a gap of at least 10 years makes it virtually impossible for them to enforce it in Court.

 

I would write to Drydensfairfax claiming that as far as you are aware you fully paid your loan well over 10 years ago. Since that time you have had no contact from the Student Loan company nor Erudio about any outstanding amounts. You also have no knowledge of any CCJs against your name and put them to strict proof that one exists. . Accordingly, you will strongly defend yourself against any attempt to apply for a Charging Order and as your loan was covered by the Consumer Credit Act 1974 you will complain to the Financial Ombudsman about the unfairness of pursuing you for a debt that you do not owe and

waiting for over 10 years before making contact.

 

I think its best to establish if there is a CCJ first...if not the charging order threat is irrelevant.

 

Andy

[dx100uk]

Dryden's often sent these letters

They simply find a ccj that nowt had been actioned on and send them out

Its almost as if its an automated process which is why we need to see the exact letter scanned up

 

They are part of the arrows dca group

Who funnily enough are Erudio

 

Certainly if you have moved since the SLC days

They might well have gotten a ccj at an old address and you don't know it (slc)

And its more than 6yrs old

So has dropped of your cra file

 

And of course even if SLC sold the loan to redeo

They are not the named claimant

And will have one hell of a job enforcing it after 6yrs by a CO

Anyway

 

Letter scan please

 

one last point

please do not phone anyone again.

a dca or their tame/fake sols are

NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

worthy of a read are:

http://www.consumeractiongroup.co.uk/forum/showthread.php?430125-drydens-93-SLC-loan-with-old-CCJ-14-years-no-contact

 

 

 

 

 

dx

[lookinforinfo]

I think its best to establish if there is a CCJ first...if not the charging order threat is irrelevant.

 

Andy

 

I understand that Andy.However by attacking them back showing that the chances of getting a charging order are so remote as not to be worthwhile pursuing may get the OP off the hook that bit quicker.

[Old Cogger]

go gung-ho and you loose follow experience, Charging order only if a CCJ is presence or even if CCJ why no charging order already prior to 2012??

[ThedaBara]

They'd have to apply for an Interim CO first… then there's an hearing to make it final… Did you move house a lot? Perhaps they sent to the wrong address… but I doubt they can enforce the CCJ now that so much time has passed. TB

[Hen2013]

Hi - thanks everyone for the advise. I'm now attaching the letter that Drydensfairfax sent me.

Drysden ltr.pdf

[dx100uk]

goof though so

that the std willy waving letter they send to everyone they find that has an account with an old CCJ attached to it.

 

so what I wrote in post 10 refers and the linked thread.

 

I know what i'd do...sit on my hands

[ThedaBara]

Me too… don't stir the hornet's nest! Anyway… they would just go ahead and get the ICO without notice if they were entitled to enforce the claim… which proves it's just scaremongering. TB

[Hen2013]

great advice folks - thank you. Happy to sit this out.

[dx100uk]

well you know the MO to come

its all on that camdbug thread