Student loan/Erudio/Cap Quest - Loan from 90's, are they covered by CCA requests?

[Mikeindebt]

Sorry for the general question, but my (disabled) partner has a student loan that she was too ill to defer, and has gone to Cap Quest for recover. We're trying to get a medical write-off, but in the meantime I wondered if student loan debt from the 1990's (around 1997 we think - 3 years worth of student loan debt), is likely covered by CCA? 

If so, we're considering doing a CCA request to Cap Quest/Erudio (I think they're one and the same?) to see if they have a historic CCA, as if not isn't it unenforcable? As if so, it'lll at least give us more bargaining power.

What do folks think of this? Anyone have experience?

Thanks,

Mike.

[AndyOrch]

Student loans taken out after 1 September 1998 are sometimes called ‘new-style’, or ‘income contingent’ student loans.

Fixed-term student loans were introduced by the Student Loans Company (SLC) in 1990. They were replaced by the new-style ‘income contingent’ student loan system in 1998. They are sometimes known as ‘old-style’ or mortgage-style’ student loans. Although they were originally looked after by the SLC, these pre-September 1998 loans were later sold to three private sector companies: Erudio Student Loans, Honours Student Loans and Thesis Servicing.

Old-style student loans are regulated by the Consumer Credit Act 1974. This means that you should expect to receive any letters that are required to be sent under the Act, as they would with other fixed-term loans.

This also means that if you default on a fixed-term student loan, enforcement would be carried out in the County Court, in the same way as any other CCA-regulated loan agreement.

 

[dx100uk]

when was the last time she successfully deferred and has she deferred every years since eruido was sold the loan(s) is 2013/4?

 

[Mikeindebt]

17 minutes ago, Andyorch said:

Student loans taken out after 1 September 1998 are sometimes called ‘new-style’, or ‘income contingent’ student loans.

Fixed-term student loans were introduced by the Student Loans Company (SLC) in 1990. They were replaced by the new-style ‘income contingent’ student loan system in 1998. They are sometimes known as ‘old-style’ or mortgage-style’ student loans. Although they were originally looked after by the SLC, these pre-September 1998 loans were later sold to three private sector companies: Erudio Student Loans, Honours Student Loans and Thesis Servicing.

Old-style student loans are regulated by the Consumer Credit Act 1974. This means that you should expect to receive any letters that are required to be sent under the Act, as they would with other fixed-term loans.

This also means that if you default on a fixed-term student loan, enforcement would be carried out in the County Court, in the same way as any other CCA-regulated loan agreement.

 

Does this also mean then, that if they cannot supply an historic CCA, then it is technically unenforcable?

[AndyOrch]

Yes

[Mikeindebt]

She deferred successfully every year until 2018 I believe (can check the exact date but sure it was 2018).

At that point I told them she was too ill to defer, but they gave her hoops to jump through to get a medical exemption, which she was too ill to do (she's bed bound 95% of the time!).

They didn't give a hoot and sent it to Cap Quest in the end.

We're trying again with the medical exemption but these 'people' are a pain, 

I want to check out if a CCA request would help.

I was unsure if covered by CCA though, but sounds like maybe, as it's pre 1998 agreement?

Though the first one was 97, there's 3 years of debt going up to 99, yearly loan but I guess as it's ALL been sold to Erudio, then all 3 would have been under the same agreement on pre 98 terms? Hmmmm?

[dx100uk]

they are covered by the cca , the govt has never sold on any slc debts that werent't

however i cant really see the point in an cca request.

they always exist for every SLC debt we've seen here to date.

erudio/capquest/drydens etc etc are all part of the arrows group .

 pers they wont give a monkeys about her health and will do everything to po po it and put things in the way to stop her getting one.

why dont you give slc a ring directly, they still do have overall administration control on loans even though they are sold on and will probably give you some good advice about how to properly apply for medical exemption to erudio .

dx

 

[Mikeindebt]

Ah okay. I thought that as the loans were sold on in bulk for about 10% or so of base loan, they may have been lazy with the CCAs. But seems perhaps not!

Thanks for the info re: Student Loan Company. Is there a reference/source anywhere on the web that i can cite for this if I call them, in case they deny being in charge of loans still? Sorry to ask, just trying to get as much as I can before speaking to any of them.

[dx100uk]

you are simply asking them for advice, not hold an inquisition if they should give any because of xxx. .no harm in asking.

as i said they still hold an administrative roll but themselves can do little now, but they most certainly will know how to make an approach the right way under medical matters requesting a write off.

though on one occasion i had to eat my words when someone cameback to me and said they intervened and got hers written off not so longback.

i would certainly not ever ever speak to erudio or drydens or capquest or any dca or their dogs on any debt. 

nor this medical matter writing only always.

that way you have a papertrail should there be anyway to further appeal needed later

although this is obv 'current' its still very relevant upon the keys you need to get moving

Student loan cancellation – permanently unfit to work - GOV.UK

WWW.GOV.UK

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Your student loan can be cancelled if you become permanently unfit to work.

also where does she stand upon natural right off age 

how old is she and when were the loans taken out?

[Mikeindebt]

Cool, thanks for the advice

[dx100uk]

just type no need to keep hitting quote