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Capquest & Student Loan debt

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  • Capquest & Student Loan debt

    Hello, I did search the forums but I was unable to find anything specific to the issue I am having.

    I have a mortgage style student loan which began in 1997. My course finished in 2000 and from what I can remember I deferred no more than 3 times before I moved away and had no contact since. So this would have been 2003 at the latest. Capquest is now chasing me for the debt. I sent a statute-barred letter but they have replied saying the debt isn't statute-barred as it only defaulted in 2017. I would like advice on how to proceed, please?

    I would have thought the cause of action' would start 12 months after the last deferment¬* I spoke to the National Debt Helpline, but they advised me to get legal advice before I respond.¬* From what I understand SLC sold the student loans around 2014 to¬*Erudio?¬* What I do know is that Erudio defaulted me in Jan 2017 (according to Capquest) I have received no CCJ on my file, in fact, the default isn't on my file but I don't want to rock the boat on that bit.
    Tags: None

  • #2
    12 years way past for them to do anything ?? Mortgage barred sure somebody will be along soon??@Celestine
    Last edited by MIKE770; 11th June 2020, 18:21:PM.

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    • #3
      OMG, do you have any news? it's a looong debt

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      • #4
        Originally posted by DAvidw1976 View Post
        Hello, I did search the forums but I was unable to find anything specific to the issue I am having.

        I have a mortgage style student loan which began in 1997. My course finished in 2000 and from what I can remember I deferred no more than 3 times before I moved away and had no contact since. So this would have been 2003 at the latest. Capquest is now chasing me for the debt. I sent a statute-barred letter but they have replied saying the debt isn't statute-barred as it only defaulted in 2017. I would like advice on how to proceed, please?

        I would have thought the cause of action' would start 12 months after the last deferment¬* I spoke to the National Debt Helpline, but they advised me to get legal advice before I respond.¬* From what I understand SLC sold the student loans around 2014 to¬*Erudio?¬* What I do know is that Erudio defaulted me in Jan 2017 (according to Capquest) I have received no CCJ on my file, in fact, the default isn't on my file but I don't want to rock the boat on that bit.
        Erudio seem to have a knack of not following the legislation in my opinion. The Education (Student Loans)Regulations set down the deferment requirements, yet i have not seen a single case where there has been compliance with schedule 2. Worst still, Eurdio on some cases failed to comply with s86C CCA 1974 and thus could not enforce their agreements while in breach, as a result any default notices issued during the period of breach would be defective in my view.

        So Erudio have a few issues, certainly on the case i am dealing with
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

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