Worrying letter... Can Drydensfairfax take me to court for a 1996 Student Loan Debt? erikborgo

#1
Hi, I've just received a very worrying letter from Drydensfairfax Solicitors telling me they will take me to court on behalf of Erudio if I don't contact them within a few days. Can they do this? The debt is from when I was a student in 1996, from The Student Loan Company. I haven't corresponded with The Student Loans Company since 2011. I asked for a complete breakdown of what they think I owe them using the Data Protection Act and the numbers they produced were incorrect! The amount owed was wrong in all their correspondence, it bore no relation to the numbers in the documentation they produced! I've paid, deferred, paid in alternate cycles over the years but according to them, I still seem to somehow owe them over £3000! I moved house. I am not on the eletoral roll at my new address and have never been - 4 years and counting - so can they actually take me to court given that there is no proof that I actually live here? Is being on the electoral roll necessary for the commencement of legal proceedings? Can they really take me to court or is this an exercise in evoking deep horror and distress? Also, I am now 49 years old, will this debt simply expire when I'm 50?

#2
Yeah that's how it works, you can't take anyone to court over debts because they're not on the electoral register.



The old style loans are written off 25 years after graduation or when the borrower turns 50, whichever happens sooner so it's unlikely you'll need to concern yourself with this debt.

#3
Thank you so much for your kind reply! I just checked my credit file at Noddle and there have been no searches on my record, no CCJ's and my electoral roll data is missing, so hoping they can't take me to court. Are you sure it will be written off when I hit 50? According to this: ---------------------------------------------------------------------------------------------------------- from SLC Website (I'm not allowed to post links as a new user) "England or Wales - Before 1st September 2012 It will be cancelled if you: took out your first student loan in or before academic year 2005/06, then it will be cancelled when you turn 65; or took out your first student loan in or after academic year 2006/07, then it will be cancelled 25 years after you became eligible to repay" ------------------------------------------------------------------------------------------------- ...the loan is written off after I hit 65, or is there some further distinction I'm missing? I don't know the difference between the "Old Style" and "New Style" student loans, is that where the 50 years of age expiry limit comes from?

#5
Your loan is pre-1998 so you have an old mortgage style loan which means it will be written off when you turn 50. That doesn't mean to say that the debt collection agency won't try to take you to court before then or when the debt is statute barred (6 years after you last acknowledged the debt) which you must be close to since you haven't contacted SLC since 2011.

#6
It's been about 4 years and 9 months since I last deferred.



If they take me to court and they order some sort of instalment plan based on my income, would the outstanding arrears be written off when I hit 50 or would I have to repay the full amount?



Can I dispute the amount owed for a year? Maybe I should send them a Data Protection Act Information Request if I get a Court date? I'm not sure their sums are correct because they weren't the last time I got a huge pile of paper from The Student Loans Company.

#7
I'm wondering if this is a real or phishing letter. Here's what it says about legal proceedings in the letter itself:

"If we do not receive clear prosals to repay this debt by 6th March 2017 we will commence proceedings against you and a claim form will be issued for the full outstanding balance".

#8
Is Student Debt a priority debt? Are there any links on this website (or another) to more information regarding exactly what happens if they make a Court Claim?

#10
I've just been through all of my folders in storage and discovered that my final deferment period ended on the 24th Feb 2011. I checked my account and my very last payment was was on 7th jan 2012. Does this mean it's Statute Disbarred? (My terminology may be incorrect).

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