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By Ethel Street · Posted
So neither of you want to sell? What is it you need advice on then? Nothing needs doing as far as the ownership of the house is concerned if neither of you wants to sell. Although I can see that both living under one roof may be a problem you first need to decide between you what you want to achieve. Neither of you can make the other sell or move out. Are you both still paying the mortgage 50/50 each month? -
Happpy Erudio Friday!!! I never received a default and nothing has appeared on my credit file? What does this mean? -
Thank you for your email. As previously advised, your queries relate to your most recent complaint and as such your correspondence will be processed by our Complaints Team. Following review of your email dated 18 May 2022, my understanding is that you are alleging that there was a delay in issuing the Default Notice in order to prolong the limitation period. Therefore I felt it was essential for me to fully understand the chronology of the account before addressing this dispute. Our client’s records show that the last deferment date was the 24 April 2011. The relevant limitation period in respect of this type of claim is 6 years pursuant to section 5 of the Limitation Act meaning that based on your last deferment date, the account would not have been considered Statute Barred until the 24 April 2017. However a Default was registered against you on the 12 January 2017, and pursuant to section 29(5) of the Limitation Act, the relevant limitation period accrues afresh on the date of default. When a student loan account reaches its 60th month and there is still an outstanding balance, the account matures. This means it will exit the Terms and Conditions of the agreement and the balance becomes due in full. The maturity date is moved on by 12 months with each deferment period meaning that this account matured on the 31 March 2016. The Subject Access Request supplied to you by Erudio enclosed a number of letters that were issued to you throughout 2016, in which they clearly informed you that your account was in arrears. These letters made it clear that the client wished to work with you to agree an affordable repayment arrangement and that failure to do so may result in a Default being registered against you. Unfortunately, they were unable to reach an amicable resolution resulting in a Default being registered on the 12 January 2017. As such, whilst I apologise if you feel that our client deliberately delayed issuing the Default in order to prolong the limitation period, I assure you that is not the case. As set out above, Erudio are contractually obligated to allow a 60 month period between the last deferment date and the account maturity date and acted in a fair and reasonable manner by allowing an additional 10 months after the account maturity date to give you the opportunity to resolve the matter before the Default Notice was issued.
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Yeah OK no worries but I did send NCO some letters which you deemed as freeman twaddle or whatever you said previously. I'll include everything NCO related and start putting things together. -
Hi All, I have looked at totally money, equifax and experian and its not on those but it is on the clear score credit file, I have asked for another copy of the high court writ, it seems to of disappeared of my email server. The only thing i am worried about is that they have a writ that i would assume gives them powers of entry etc, i had asked them prior to there visit by email to CES not to just come and turn up without a prior appointment but yes they did just turn up. The Mrs is really worried that if i don't make the payment next Friday or if I make a set aside claim that they will be back with vengeance. Regards
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