Old Student Loans - Erudio using Capquest/Resolvecall, Statute Barred?

[RobinB4nk]

Hi Consumer Action Group.

 

Looking for some advice regarding my wifes old student loans. She took out three student loans in 1996/97/98. she has never earned the threshold for repayment. she deferred her repayments for a few years maybe till 2005ish, then she stopped. There has certainly been no contact from her in the last ten years for certain.

 

She continues to get 'notice of sums in arrears' which go to her mothers house where she lived as a student. All was quiet until the beginning of this year when she had a letter from capquest saying they were instructing Resolvecall. Sure enough Resolvecall wrote saying we're sending someone 'to make a personal visit to your home', which they did and we're told she no longer lives there. Three months later another threat letter from Resolvecall about a 'personal visit', that was 5 months ago.

 

I think it time to try and nip this up once and for all. My feeling is to send a SB letter but I'm just so confused of the new rules regarding 'cause of action', I have no idea if she has ever been defaulted.

 

So is SB letter way to go? who do i send it to? and when does the 6yrs run from with regard 'cause of action'?

 

sry for the long post and look forward to hearing your wisdom!

 

[dx100uk]

Yes send erudio our sb letter from the debt collection sec of our library.

 

100's of like threads here to read

 

They pull this stunt all the time, oh it matured in 2016 and we defaulted you so can't be SB. Utter twaddle!!

 

Dx

[RobinB4nk]

thx Dx, I'll get that off pronto.

 

So, would i be right in thinking that due to the length of time that's passed, it would be unbelievable that either a default wasn't issued or indeed should have been?

Edited October 5, 2022 by RobinB4nk

[dx100uk]

I bet they have and drydens will write claiming its not sb trying to mug you.

 

Read up here.

 

Dx

[AndyOrch]

Topic open

[RobinB4nk]

Update on this,

 

Sent a SB letter on 12/10/22 and have collected mail from in-laws and we have a letter from Arrow dated 05/11/22 stating:

 

'... we can confirm that this account has been closed, as a result of being statute barred. Please note: you will not be pursued for the remaining balance on the account.'

 

On 27/12/22, we get the standard 'notice of sums in arrears' from Eruido. Crossover?

 

So has this now gone? or can we expect more hassle in the future? Also there were 3 loans with different account numbers, but on the letter from Arrow it only refers to one account with their single reference number.

 

look forward to hearing our thoughts.

 

many thanks

[dx100uk]

well if the last in the chain is the one you ref'd on your SB letter then all the ones before that will be too.

 

pers i'd ignore them for now.

 

but the ref numbers they and you are using on letters is the key here.

 

dx