Backdoor Erudio/Drydens CCJ - old statute barred Student Loan - now warrant of control

[gerry69]

First post. some advice please!

i received a warrant of control from court today in respect of erudio student loans.

 

i have 9 days to settle £800.

this was preceded by a letter from the debt solicitor 'drydensfairfax' informing me a earlier warrant and judgement was made against me and sent to an address i vacated 5 years ago giving me 14 days to settle - i ignored it.

when i vacated the previous address i didn't keep in contact with student loans Co and would have [and still am] entitled to defer payments [poor mental health took its toll].

 

the student loans dates from 1990 and i turned 50 in December.

i have read [but cannot confirm] that others in a similar situation have been told by erudio that every 12 month deferment is added to the expiry date of the loan meaning my loan could last for ever.

 

i have not found any examples in forums of warrants issued on behalf of erudio???

i receive state benefits ESA and PIP awards for poor mental and physical health

[AndyOrch]

Hi and Welcome to CAG

 

And this is the importance of informing all creditors...past and present of change of address.They use your previous address to issue the claim and then use your current address to enforce the judgment.

 

Do you have details of the initial claim...was it dated pre Dec 2019 ?

 

Andy

[dx100uk]

no it came from a court bailiff,

...because you failed to update the present owner of a debt you had moved, and everything, quite legally went to your old address. we call it a back door CCJ.

 

I would suggest as a matter of urgency to prevent this happening on any other debt you have that concerns consumer credit, you LOOK at your credit file and your own records. if there is a credit debt, no matter what it's nature, that you have used that line of credit or paid toward that line of credit in the last 7 yrs, you WRITE by royal mail to the present owner simply informing them of your new address and use their present ref number too. else more backdoor CCJ's will land.

 

now go get you credit file and find the CCJ. you'll need that number tomorrow, and we'll move you forward.

when was the last time you deferred? was this to SLC in 2013?

[gerry69]

last time i deferred i believe was 2013 and to SLC [i never have dealt with erudio.] i will contact court tomrrow re: the ccj.  i just need to know how and if i deal with the warrant [do i apply to court to suspend it?]  - this gives me time to get the advice/support i need 

 

should i contact erudio and their solicitor company?

[dx100uk]

no ignore erudio etc.

if you last deferred in 2013 to SLC the debt was statute barred when erudio raised the claim thru drydens.

 

what is the date of the CCJ you have found please?

you are not alone, lots the same here

easy to deal with.

 

dx

 

[gerry69]

their solicitor letter states the judgment was made on 08/07/2019

[AndyOrch]

22 minutes ago, gerry69 said:

last time i deferred i believe was 2013 and to SLC [i never have dealt with erudio.] i will contact court tomrrow re: the ccj.  i just need to know how and if i deal with the warrant [do i apply to court to suspend it?]  - this gives me time to get the advice/support i need 

 

should i contact erudio and their solicitor company?

 

You state you have actually received the Warrant..so its live...subject to how you wish to deal with it you can Stay/Suspend the Warrant and set a side the judgment.....if it was already statute barred at the time of issuance.

 

Have a read of the following.....how and which form.

 

 

 

Andy

[gerry69]

thanks  

Don’t understand fully  how it is stature barred?

I read the debt is wiped at 25years or age 50 whatever comes first. But others have posted emails from erudio stating that the expiry date extends with deferment. And in my case I went ‘off grid’. I never kept my loan agreement so I will be dependent on erudio to supply one so I see the fine print

Don’t think I have any other debts

[AndyOrch]

You cant use the age 50 angle as they issued before your 50th.....look at the deferment angle as per DXs post above 

[dx100uk]

forget the age thing irrelevant 

gov't sold the debts off >Nov 2013

so your last deferment (sent) was more than 6yrs

debt was statute barred on issuance of the claimform about 1 mth before the CCJ

 

note the CCJ and have the court bailiff letter with you

go ring northants bulk tomorrow

request a copy of the Judgement CCJ AND the claimform by email PDF.

if they say they can't send claimform ASK them to readout the Particulars of claim and get the DATE of the claimform

RECORD YOUR CALL.

 

tell them you have received the bailiff letter (they would have raised the bailiffs by request from drydens)  tell them the debt was statute barred upon issuance of the claimform. please suspend the warrant & call off the bailiffs or make them add a note on the system to such SB status.

they might go on about using an N244 @£255 fee and would you like the form . just say i'm ok I have the form i'll deal thankyou. (more below on this)

 

now there has been a little luck here with this so worth a try...

once you've dealt with the court....

 

go ring drydens, ask for the case manager or legal rep dealing with claim number (the CCJ).

tell them the debt was statute barred upon issuance and you DEMAND they set is aside NOW Free of charge to you by mutual consent.

they might do so.

id they refuse, tell them you will be sending your N244 and the fee today to the court and you will be suing them for the fee and financial compensation for the damage to your credit worthiness (a bluff) ..they might change their mind .

 

comeback here and let us know how you get on.

 

just to reassure you.

there is in all truth very little the court  bailiff can do, there is NO right of forced entry on consumer debt.

so don't worry about timelines here.

 

dx

 

 

 

[gerry69]

many thanks for the detailed advice which i'll heed and keep you all informed 

[XYZ123XYZ]

Hello, please can I ask how you got on with this? Thanks