Two Debt Camel readers have asked questions about old-style student loans. These were loans taken out between 1990 and 1998, where the payments can’t be taken directly from your wages. They are also called mortgage-style or fixed-term loans.
When will the debt be written off?
These old student loans will be written off when the last year’s loan is 25 years old, or a bit earlier for older students, see The Education (Student Loans) Regulations 1998 Schedule 2, paragraph 12 for details. But that only happens if you are not behind with payments, eg if you have been validly deferring them.
Mr J’s debt may be statute barred
Mr J asked:
A debt collector has been chasing me for over 8 years for a student loan taken in 1995. I haven’t made a payment or deferment since 1999. There has been no contact in writing since this date by myself.
Every year I get a statement from them asking for payment. I own my own house and am concerned that one day in the future they may go for a charge to secure the debt. Do I just keep ignoring letters each year or do I send a “statute barred letter” to end matters?
A debt is statute barred when a creditor has waited too long to go to court for a CCJ I’ve looked at this in Common questions about Statute Barred Debts. If this has happened, if a court case is started you can defend it and not get a CCJ.
But it isn’t always simple to tell when loan is statute-barred as that link explains, it may depend on whether Mr J was sent a Default Notice. Mr J could talk to National Debtline on 0808 808 4000 about this.
If you have deferred every year, you won’t have paid anything but the debt still wouldn’t be statute barred!
Before a debt collector can get a charge over his house, they would have had to go to court for a CCJ. If the debt is statute barred, then this is a good defence to a court case. The debt collector has his correct address so if they send him a Letter Before Claim, which has to happen before a court case is started, Mr J can explain then that the debt is statute barred. See How to reply to a Letter Before Claim for details.
Mt J hasn’t been deferring his loan. If he had been, the debt will never become statute barred because deferred repaying your loan would count as acknowledging the debt, so the six year clock would start again.
Ms P’s student loans – a very old CCJ
Ms P asked:
I had a student loan in 1992 and was under the assumption that I would not have to start repaying until I earned £17,000. I have never earned that much, I left university early due to ill health and haven’t worked since 1997.
24 years later, I get a letter from a debt collector saying they are acting on behalf of Erudio Student Loans. After a few quite rude/abrupt phone calls I wrote a letter regarding the statue of limitations. After 5 months the calls started again, now they are claiming a CCJ was taken out in 1997 – I have no recollection of this – so the debt can’t be statute barred… Can Erudio enforce this CCJ?
Ms P either never completed the correct documentation every year to defer her loans or it wasn’t correctly handled – the Student Loan Company doesn’t have a good reputation for administration. It’s not clear why Ms P never received the CCJ papers, but Erudio did eventually produce some evidence that there had been a CCJ.
The debt collector is right to say that a CCJ never becomes statute barred. But after six years a creditor has to return to court to get permission to enforce it. This might sound like some formality, but it’s not, it’s very unusual.
Before the court agrees that a CCJ over 6 years old can be enforced, the creditor has to show that there are some unusual circumstances why it didn’t take action within the six-year period. Forgetting about it or not being able to find you are not good enough! The more time goes on, the less chance there is of a court agreeing – after 20 years this is extremely unlikely.
Should you have started to make payments?
Perhaps you have started making payments after you were contacted by a debt collector, but now wonder if your debt was statute barred or a CCJ was too old to be enforced? Talk to a debt adviser to discuss your options. Once a debt is statute barred it will always remain so. Any recent payments you made after that point won’t have changed this.
Don’t let the fact you can’t prove what happened many years ago stop you from getting advice. It’s not reasonable to expect people to still have copies of letters written in 1999 or their 2001 bank statements… That is exactly why there are time limits on legal action.
National Debtline have a factsheet that includes information on these old-style student loans. They would be good people to discuss your case with.
Had a letter offering you 50% off to settle a very old student loan?
Some people are getting these letters in autumn 2018. Martin Lewis has written a great article on them – he says:
“The vast majority of people who get these letters should treat it like it’s dirty, hold it by the edge and toss it straight away in the bin. Erudio is trying a fast one on most people.”
Do I have to pay a debt not on my credit file?
How to stop a debt being sent to bailiffs
No emergency fund? That’s nuts!
Sarah says
This is really useful and uplifting, thank you. I had assumed that as my retirement age keeps getting lifted, I would have to carry on repaying my student loan (what feels like) forever. I’ve never earned enough to really make a dent in it, and sometimes have not earned enough to pay anything at all. So year-on-year, the debt has increased overall. But the link you included makes me think it may still be written off when I hit 60 as I had originally been told when I took it out; I assumed it was linked to my then my expected retirement age. I turned 40 during my degree, so would have been over 40 when receiving the last two tranches of student loan. So that’s something to look forward to!
Sara (Debt Camel) says
That sounds like good news – if you want to talk through the details of your case, do try National Debtline.
Firefox says
Is it true that if you tuck the SL out in 97 then all the ones u pto 2001 come under the same rules as the old ones
Sara (Debt Camel) says
I think you should talk to National Debtline about this, see https://www.nationaldebtline.org/EW/factsheets/PDFs/42%20EW%20Fixed-term%20student%20loans.pdf
Lucy Bryant says
Help please I took out my loan 1997 and at the rate I am paying currently won’t have cleared it by the time the loan hits 25 years old (the time when I was told it would be written off by) is this still the case when the loan is being cleared or as I have been paying it off do I need to continue until it’s cleared?
Sara (Debt Camel) says
I think the loan should be cleared at 25 years, even if you are still paying it. I suggest you ask the Student loan Company to confirm the exact date for you.
Mary Toward says
Hi
I have 3 loans taken out in the early 90s, they were sold to one of the new debt-management style companies and one of them is in arrears, due to paperwork not being received. I am eligible for deferral and have deferred despite the arrears. The loans are in my maiden name and I no longer live at the address where they were taken out, they do not have my bank account details, my current name or address or my place of work. Can they enforce the loan now?
Sara (Debt Camel) says
When did you last make a payment to these loans or last communicate with the creditor eg to defer?
Are you now getting letters to your current address? Is anything showing on your credit records?
Mary Toward says
Hi, Thanks for getting back to me. I deferred this April, we are in dispute over the arrears and I have not paid anything towards this. I am no longer at the job I was in then (and used the payslips for deferral). The house they are writing to has just been sold and there is nothing under my current name showing on the credit records (loans taken out in maiden name which des not seen to be linked)
Mark says
The loan agreements and regulations as cited above both say the loans will be cancelled “when the last agreement for a student loan has been outstanding for not less than 25 years”. But what is the legal definition of “outstanding” for this purpose, i.e. how does one calculate the exact writing off date?
It seems to me this should be 25 years after the first payment of the final loan was advanced, but I’ve also seen suggestions it is 25 years after the date on which the first repayment (without deferment) was due, which for most people was about 18 months later. For anybody who is in monthly repayment at the point of writing off, this distinction could make a 4-figure difference to the sum repaid.
I know I could ask Erudio or SLC but they are not impartial here: I’d like to know the real legal position, rather than their preferred version of it!
Sara (Debt Camel) says
I am not a lawyer! You could ask National Debtline on 0808 808 4000 – they may have come across this before and know the answer – I don’t.
Janet Wilson says
Hi mine was taken out in 93. I defaulted and a ccj issued in @2000. Studio are now threatening me with bailiffs. Student loans tell me there is @£30 outstanding but studio say it’s over £850. Any advice?
Sara (Debt Camel) says
Studio = Erudio after auto-correct?
That is a very old CCJ. Talk to National Debtline as they may be able to help you sort this out.
It may be a good idea to send Erudio and Student Loans a request for a copy of all your personal data to try to resolve the discrepancy. Email customerservices@erudiostudentloans.co.uk with “Access to my data” as the title and complete the form on SLC’s website here: https://www.slc.co.uk/about-us/data-subject-rights/right-of-access.aspx.
AC says
Hi there,
I took out a loan in 1995 and another in 1996. I have consistently deferred, although since Erudio took over there have been a few times in the past 10 years when I have made a couple of payments during the period between reapplying for deferment and the deferment being confirmed, just to make sure I don’t end up in arrears. I’m not 100% sure when my loans should be written off. I will be 50 in 2025, but I think the 25 year threshold will be sooner – will this be 2021? I’m not clear on exactly when the 25 year thing actually kicks in. My other question is that it is likely that I will actually have to start repaying the loan this year, as I’m likely to clear the threshold finally! What happens in this case? If I reach the 25 year threshold but I am making repayments and not in deferment, do I have to keep paying?
Sara (Debt Camel) says
There is a link in the article above to the loan legislation. It says (I have deleted bits that don’t apply to you, eg you have died!)
“The lender will cancel the borrower’s liability to repay the loan if the borrower—
…
(b)is not behind on any repayments under any agreement for a student loan and—
(i)was under the age of 40 when his last agreement for a student loan was made and he reaches the age of 50 or
when the last agreement for a student loan has been outstanding for not less than 25 years, whichever is the sooner,
…”
Not being in arrears is vital here. It sounds as though you have been careful to ensure this is the case.
The important date is the date of your last loan which is in 1996? So 25 years from there is 2021. You get to this point before you become 50, so that 50 part isn’t relevant.
“If I reach the 25 year threshold but I am making repayments and not in deferment, do I have to keep paying?” no!
Patrick o says
What happens if you had an old style student loan and was due in 1993 but you defaulted and didn’t make any repayment to date. Is it written of or enforceable by any agencies?
Sara (Debt Camel) says
That depends on whether there has been a CCJ, as the two examples in the above article say. No CCJ and it should be statute barred. If there was a CCJ, then the debt never becomes statute barred but the debt collector may have a lot of difficulty in trying to enforce the CCJ if that was more than 6 years ago.
Kate says
I wonder if someone could clear something up for me.
I’ve got 3 loans from ’92, ’93 and ’94 that I took out under the age of 40. I’ve deferred officially every single year since I took took them out as my income has never reached their threshold. From what I understand my loan should be automatically cancelled when I reach 50 , as I’m 47 now, so that wouldn’t be long to hold out!), however on my Thesis Statement it reads “Duration of Agreement: 60”. I wonder if I’m being caught out on a technicality (, like being just a week or two late with the paperwork or something one year,,) or that they are just trying it on. Any advice?
Sara (Debt Camel) says
As the article above says, National Debtline are good people to talk to about these old style student loans. I suggest you phone them on 0808 808 4000 and talk through the details of your case.
Tom says
Hi, I have an old style loan from before 98 (94-95 I think). I haven’t made any contact or made any payments to anyone for more than 6 years now. I think the last company I spoke to were Thesis services.
Today received a letter (at my new address) from ‘Link Financial’ asking to confirm whether I am the person they are looking for, regarding a student loand debt.
Am I right in thinking this loan is now considered statue-barred?
I was under 40 the last time I made any contact with anyone regarding my loan.
Thanks for any advice.
Sara (Debt Camel) says
I suggest you talk to National Debtline about this on 0808 808 4000.
Sam says
Hi hoping you can help. An old debt will become statue barred after the 9th of this month. I know this because I was requesting proof (from Link Financial, who wrote to me) that I was still eligible for the debt. In the letter I sent (template from the Debt National Debt line), my opening paragraph read:
‘You have contacted me about the account with the above reference number, which you claim I owe. I do not admit any
liability for your claim.’
They have replied, showing proof that the I deferred from 10th March 2013 > 9th March 2014.
My question is, because I haven’t admitted ‘liability”, within that time period, will it still become statue barred in three days time. Or, because they contacted me within that 6 year window, and I replied, am I now eligible to pay?
Thanks for any advice.
Sara (Debt Camel) says
I suggest you talk to National Debtline about this.
Sam says
Hi, unfortunately they are closed today. I will contact them, I was just wondering if you knew where I stood?
Thanks
Sara (Debt Camel) says
I don’t like making guesses about statute barring. You need someone to go through the details with you.
Sam says
I understand Sara, thanks for replying anyway.
Omolara says
Hi Sara
Just a quick question regarding ‘ old style student loan’ – I took out the loans in 93,94,95 – deferred and started paying Erudio £15 a few years back – am going to be 50 in July – will the loans be cancelled ? thanks
Sara (Debt Camel) says
I think so – but I suggest you talk to National Debtline on 0808 808 4000 if Erudio say this isn’t correct.
Omolara says
Will do many thxs Sara
Stu says
Hi,
I had a student loan 92-95.
I didn’t make any payments as I couldn’t afford it – however, I never informed them of this and simply didn’t pay.
Around 2000 they contacted me and I started paying back a little every month (I was under the technical threshold but, because they said I’d technically ‘defaulted’ the regulations did not apply to me)
When I reached 50 they informed me that the debt could not be written off as I had ‘defaulted’ earlier.
Since then I have continued to make payments.
Does this mean my student loan will never be cancelled until I pay it off, no matter how old I am?
S
Sara (Debt Camel) says
I suggest you talk to National Debtline about this: 0808 808 4000.
Anonymous says
Hi there,
I have a ’94, ’95, ’96, ’97 loan from SLC which will reach maturity in a few year’s time. I have always applied for deferment and my application has always been accepted. Today, I received a call from Thesis stating that my application has been returned to them as ”incomplete”. For the life of me, I don’t know what that would mean. I explained to the kind ladly on the phone that I do not earn and do not need to earn nowhere near the threshold since getting married in 2015. She said not to worry and that she will contact me in a couple of weeks after speaking with them to find out more. After doing some digging, an application would be classed as ”incomplete” if my earnings as self-employed are showing as too low (for which they would need to ascertain other means of support) or if I haven’t signed and dated the form. I explained on the phone that my earnings as self-employed were a lot lower than what I sent this year so I don’t understand. This is the first time I have encountered this in 26 years. So my questions are as follows:
1) Do they have a right to check my husband’s income? 2) Are others feeling the heat from them because their loans are coming up to maturity?
Can someone please offer some advice on how to navigate this situation?
Sara (Debt Camel) says
I think you just need to wait and see what they say in a couple of weeks. If they don’t contact you, get in touch and ask what is happening.
amanda says
This happened to me too, around that time: I have a similar [ 93,94,95 ] loan and would love to know how the outcome was for you !
Amanda
Sara (Debt Camel) says
someone is unlikely to reply if they left an anonymous comment 2 years ago.
Matt says
Actually I will – I decided to undertake the childcare for our child after my wife was offered a promotion at work. However, this presented a problem with SLC (thesis and erudio) as I went self employed and earned significantly under what the government terms the living wage threshold. This is the threshold that the government believes that all benefit recipients achieve with their benefit payments; but as I was not signing on and not in receipt of benefits, this left me in a limbo (we did not want to sign on to benefits as this comes with its own issues). To get around this, legally speaking, I still send in my self employement tax return, and child benefit receipt forms, but I also send them a letter from my wife stating that I am in receipt of money to the value of approximiately £450 per month (from her); thus achieveing the governement levels of support required by the DforW&P (this was around £73.10 per week in 2018). To date, this has satisfied the legal requirements for SLC to continue to defer my loans 2017-2022 – Hope that helps someone to deal with a similar mess.
Matt
Jaxie says
How about post 2012 loans? Would the 6 years rule still apply? Thanks
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 is you are having a problem with a recent student loan but haven’t had any contact with them for more than 6 years.
Claire Jonas says
Hi,
I had a student loan in 1995 and deferred every year. I married in 1997 and sent them my marriage certificate. I moved house in 2000 and sent a change of address but they did not respond. About 2 years later they started to send mail to the wrong house (actually my new neighbour) in the wrong name ( a version of my married name). About 24 months on debt collectors came to my door demanding money, I have never earnt enough to repay the loan. I had just come out of hospital with a newborn baby after a week in a high dependency unit ; my husband and I were both in a distressed state without two heavies trying to force there way into the house. My husband made a payment (I think about £1000) to the collection agency and suddenly my details became correct and I was able to defer my loan again.
I wrote to the student loan company to ask for my marriage certificate back and express upset regarding their inability to get my address correct even though I filled in all the correct paper work. My question is: will my debt still be written off after 25 years (I also had the letter asking if I wanted to pay 50%) and will I ever see my £1000 forced out of me after the birth of my second child as I did not need to pay this?
Thanks in advance!
Sara (Debt Camel) says
if this has been validly deferred every year then it should be written off. But I doubt you will ever see your £1000 back.
H Taylor says
I have four loans from 95, 96, 97 and 98. I have deferred every year as I’ve never earned enough to repay. I am starting a new job next month and will be eligible to repay my loans (until 2023 when I’m eligible for age related cancellation!)
I can’t find any information about how much repayments are. Are there any repayment calculations I can do to determine how much my repayments will be roughly? My last statement showed total balance of around £12k
Sara (Debt Camel) says
National Debtline’s factsheet explains how the repayments are calculated https://www.nationaldebtline.org/EW/factsheets/PDFs/42%20EW%20Fixed-term%20student%20loans.pdf but does not have a calculator.
H Taylor says
That’s great, thanks so much Sara.
Aron says
Any help please. I took an slc loan in 93. I have never reached the threshold in any year since but remember in the late 90s a letter from slc or similar demanding I pay the outstanding balance. I borrowed from relativesvand paid it all back in one go. I have never to this day reached the threshold figure and wonder if I’d have any recompense in terms of claiming the money back. Any help appreciated
Sara (Debt Camel) says
No, I don’t think there is any way you can get recompense for this.
Steven M says
Any help would be greatly appreciated. After having taken out a loan in 1997, I successfully deferred every year until I moved to the Netherlands. Thereafter deferment was denied as the pay statements were required to be translated, and after translation simply denied (no explanation given). After approximately 2 years I have now received a letter saying my agreement is to be terminated. What now? Am I to expect the bailiffs/debt collectors here in the Netherlands?
Sara (Debt Camel) says
I suggest you talk to National Debtline. They can be phoned from abroad https://www.nationaldebtline.org/EW/information/abroad/Pages/living-outside-the-uk.aspx
Anonymous says
Hi. I took out a loan in 1996 for about £1,000 as a student. It wasn’t for tuition just general living. A few years later this was transferred to Wescot and even though was on a minimal wage made some repayments. Because I assumed any repayments would be taken from my wage I had not contacted Wescot for a payment plan when I changed jobs. Now I’ve applied for an OU degree with SFE funding for 2020-21 but been told I have a loan out with Erudio. I’ve just emailed them asking what details they need for an account reference and have saved the document above requesting information from them about my account details. I shall also, upon confirmation from SLC_Repayment/SFEngland that I have arrears, contact National Debtline. I’m wondering if I should just hold off a year or try and make contact with them to prevent any CCJ etc or further SFE complications in the near future.
Sara (Debt Camel) says
I think talking to National Debtline is a good idea.
carol says
My son had student loans over 22 years ago
He was contacted by drydonfairfax fairfax about one of the loans wich we paid back in a settlement reduced amount my son questioned his other 3 student loans they knew nothing about even contacted the university they had no record of other loans this was last year all of a sudden capquest contacting him for a large amount of money but not stating the loan amount in detail offering a reduced settlement if he registered on there website saying the offer would be there but no messages to offer settlement when I went on there website does he still have to pay
Sara (Debt Camel) says
I suggest he talks to National Debtline on 0808 808 4000 and explains he. Does not recocognise these debts.
James Pritchard says
My loans are 21 years old (Erudio and Honours). From next year I will be earning enough to have to start paying it back. Is it still written off in a couple of years time?
Sara (Debt Camel) says
You have been validly deferring them up to now, so you are not in arrears?
james says
Yes. Defer validly like clockwork every march, but I expect by next year I’ll be over the income threshold.
Wasn’t sure if I then have to pay back the whole amount, or if it’s still written off in 2025
Sara (Debt Camel) says
I think it should be written off as the article above says. If you want to be sure, ask National Debtline on 0808 808 4000.
Jenny says
I had student loans from 95 for university. I didn’t defer although I didn’t earn enough. I probably should have. They obtained ccj. Which by 2009 had fallen off my credit file. I haven’t heard from them at all since the ccj. I am now 52. Do I still owe the money? Am wondering if contacting will make it worse, as they haven’t contacted me.
Sara (Debt Camel) says
So you are in Ms P’s situation in the article above, except you haven’t been contacted and asked to pay.
You do still owe the money, but it may be hard for the creditor to enforce the CCJ. I am not sure what you would gain by contacting them.
Mark says
Hi. Had 2 loans in 93 and 94. SL obtained a CCJ in 2008 where an agreement was created and I haven’t missed a payment since. I’m 50 in a few years and am wondering if this will ever get written off or will I keep paying forever or when the loan is repayed. Thanks in advance
Sara (Debt Camel) says
The write-offs only happen if you are not in arrears. they won’t apply where there is a CCK.
What is the rest of your financial situation like?
ernest says
hi sara,
i had 2 years of student loans 94-95 95-96. i have never repaid any of the debt and have made no contact with them snce. there has been no ccj issued afaik.
has this been statute barred? is there any way to find out a) if it was written off before they sold the debts on in 2013 and if it was transferred out of slc and b) the current status of the loan?
Sara (Debt Camel) says
I think you should talk to National Debtline on 0808 808 4000 about whether this debt is statute barred and what you can do to find out about what has happened to this debt.
Shaz says
HI Sara,
I have had 3 years of student loan ending in 1998. I validly deferred each year until 2017.However, after that I didn’t submit deferment although I submitted a medical letter explaining I had been suffering with anxiety and depression. They agreed to waive any arrears in the year June 2016 but required a deferment letter after that to waive any chargers. I obviously didn’t do that due to my ill health at the time. However, in Oct 2020 I have received a CCJ. I wonder where to I stand now ? I now have solicitor letters pursuing payments. Can I ignore these letters or not. I am looking to start working soon
Thanks
Sara (Debt Camel) says
can I ask how large the CCJ is?
and what is the rest of your financial situation like – do you have other debts you have not been paying? Are you buying or renting?
Shaz says
Hi Sara,
Apologies for the late reply. I have just seen this now. The ccj was for the standing amount of £8542.33. However, I have been issued with a warrant of control now pursuing for that amount by baliffs.
I’m wondering can I still apply for deferment. I’m just afraid that I may have missed the boat as I never responded to letters due to my mental health at the time. Can I still apply if I’m under the threshold. Which I believe I am. I’m now 44 years old BTW.
I’m on universal credit right now and have dependants. I will be starting work on the 13th September but will be working part-time and earning around £1600 a month. Im renting at the moment but i have a joint marital home with my ex husband which I don’t think erudio studio are aware about. I have a couple of other debts but nothing that I haven’t taken care of and sorting out
Please tell me what are my options as I have the issue of warrant of control for the 6th September. I am very grateful to you for all your help. God bless you 🙏. Thank you so much
Sara (Debt Camel) says
You need full debt advice on your options urgently. I suggest you phone National Debtline on 0808 808 4000 today.
Dan says
Hi Sara,
I have a number of these old style loans that have been split between Erudio and Thesis. I haven’t been earning enough to meet the threshold and have deferred successfully for many years. That was until about 2.5 years ago. I sent in a deferment application months before it was due but because I was living abroad and self employed, it made proving my income very difficult. E and T said it was SLC’s responsibility to approve the application and the SLC said it was theirs They kept asking for things that the country I lived in didn’t have e.g. form C108B from the tax office (numbers made up) or a full company accounts which was impossible to provide. I sent bank statements but they were returned needing translating (why do numbers need translating?) which would have cost over £1000 which was impractical. This all took a long time and my situation changed where I became an employee and was able to provide pay slips. This left one month of arrears after they back dated my application. I complained about their processes and E and SLC accepted blame and wiped the arrears. T never did, I told them I would rather fight my case in court than give them the money and they said there was no need for that. I believe they made it impossible for me to jump through their hoops and both E and SLC admitted fault in the process. How can I get Thesis to do the same? How does this affect the 25 year write off that is coming soon. Thank you so much for your reply.
Sara (Debt Camel) says
Their response to your complaint – did it say you could take the complaint anywhere else?
Dan says
Hi Sara, thanks for the reply!
Yes, they told me if I didn’t like their response I should have taken it to the financial ombudsman within 6 months but they only told me this well after the 6 months had passed.
Sara (Debt Camel) says
So you made a complaint and they replied but at first didn’t say you can go to FOS?
If you weren’t told, then you can still go to FOS. You have 6 months from the point they told you you could go to FOS, not from the date of your complaint. Look back through your emails and letters. If you don’t think you have them, send them a Subject Access Request and ask for a copy of all your personal information – you may want to say just for the certain years or you will get a TON of paper.
Dan says
HI Sara, thank you for your advice, I will check through my paperwork.
I suspect they put it in the small print somewhere but worth a check!
How does this small amount of arrears affect the 25 year thing with the loans they hold? The reason I never paid it is because I didn’t want to risk admitting guilt and risk the loans never being written off. If I paid it now, would it have a negative impact? Is it worth paying if it means the 25 year write off is still available to me or does it mean any arrears and the agreement is invalid? Should I keep fighting to keep the original agreement alive?
Thank you for your help!
Sara (Debt Camel) says
The legislation (see link in article above) says:
12. The lender will cancel the borrower’s liability to repay the loan if the borrower—
…
(b)is not behind on any repayments under any agreement for a student loan and—
(i)was under the age of 40 when his last agreement for a student loan was made and he reaches the age of 50 or when the last agreement for a student loan has been outstanding for not less than 25 years, whichever is the sooner, or
(ii)was aged 40 or older when his last agreement for a student loan was made and he reaches the age of 60, o
or …
If you pay the arrears, you would not be behind in the repayments. So that reads to me as though you should be OK.
BUT I have not seen a client with a case like this – I suggest you talk to National Debtline on 0808 808 4000 and ask them. They may have seen this in practice.
Dan says
Thanks Sara – I will get in touch with them!
Thank you for your help!
Dan.
Anonymous says
I’ve been in contact with them recently and they said my loan will automatically cancel after 25 years as long as it’s never been in arrears, which it hasn’t. They will send a letter to infor me nearer the time.
Sara (Debt Camel) says
That is correct. But if you were replying to Dan, their reply isn’t really relevant as it doesn’t address the situation where someone was in arrears but had now made them up.
jane says
Hi.
I’m trying to get to the bottom of this question – once my student loan account has been in arrears, will I lose the right to have my student loan signed off after 25 years? I’m in arrears now and newly chased by Transcom.. I want to settle everything but want to know if the 25 year rule will cease to apply. National debtline doesn’t seem to have that much information on this topic sadly..
Sara (Debt Camel) says
The link to the legislation is in the article above. It says:
12. The lender will cancel the borrower’s liability to repay the loan if the borrower—
(a)dies,
(b)is not behind on any repayments under any agreement for a student loan and—
(i)was under the age of 40 when his last agreement for a student loan was made and he reaches the age of 50 or when the last agreement for a student loan has been outstanding for not less than 25 years, whichever is the sooner, or
(ii)was aged 40 or older when his last agreement for a student loan was made and he reaches the age of 60…
If you go to your local Citizens Advice they will be able to help you with your question. They can get advice from the National Specialist Debt Advice Service if necessary.
Sai says
My other half had a student laon from 1997… The debt got sold as he didnt defer… Hes being paying £10.00 a week….
Hes had the debt for 25 years plus and he’s 50 now…
Under the student loans agreement it should be written off…
Will the debt agency write it off…
Can they ask me as hos partner or our household income pay out of our whole income
He works parttime im a carer on benefits as we habe a disabled child… I dont want our dosabilty benefits paying of tjis debts.
Sara (Debt Camel) says
Under the student loans agreement it should be written off…
this only applies if he was validly deferring the loan.
See https://nationaldebtline.org/fact-sheet-library/repaying-student-loans-ew/
I suggest he talks to National Debtline on 0808 808 4000 about his options.
Sai says
He laspsed in deferring thre loan this is why he started paying them and the reason it was sold to the debt collection agency…
He moved in with me and difnt update his postal address
Sara (Debt Camel) says
Tell him to call National Debtline.
DanC says
I realise this is now out of date as the 25 year thing has passed and this is now history. But it is not in my case. I have 6 loans. One for each year I was at uni. Although I was only 19 when I started, it looks like the being 50 years old thing applies to me before than the 25 year one.
There was some good advice above in how to achieve a successful deferment when you are not earning anything – I now write a letter stating my spouse supports me (she does) and include a number to satisfy both the min and max requirements.
I also contacted Erudio and Thesis. Erudio said my loans will be written off on my 50th birthday. Thesis and I have been arguing over 1 single month that was not covered by deferement. Eventually they wrote me a letter where they were careful not to admit fault (I was fortunate that the same set of circumstances happened again that caused the original delay – 1 company sat on the deferment application for too long – all documented). Whilst they did not admit fault, they did agree to waive the 1 month arrears from 2018. I had also pushed them for a settlement date (correct term?) and they too told me my 50th birthday.
So as long as I keep my nose clean, keep sending in deferments (from abroad) with letters from my spouse, for the next two years, I should be ok. Fingers crossed.
I hope this helps someone else.
Koo says
I have 4 student loans from 1997-2000. At some point, my salary tipped me over the threshoild to start repayments, but as I had a lot fo other debts at the time, I went into arrears I think. They then agreed a repayment plan, and for years I have been paying a nominal sum each month. They never allowed me to defer after that point, even though my wages since that one year have always been under the threshold for repayment. Is iot correct that I lost all rights to deferment for a brief period of late repayments? probably a month or two? Does this also mean that I will loose the right for my 1997 loan to be wiped 25 years after the date of mylast loan payment, which was Spring pf 2001? Are the 1998-2000 loans eligible for being wiped at 50 or 25 years after last payment? TIA
Sara (Debt Camel) says
Have you repaid the arrears?
Koo says
Yes, pretty sure I did, It was around 10 years ago, and was opnly for a month or two, then they put me on a repayment plan as I could nt afford the repayment that was triggered by my average salary at the time. Pretty sure no arrears for about 10 years, and just been paying a nominally agreed amount, but interest is being added monthly still…
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000
AL says
Wow, I wish I saw this before. There have been a ridiculously long serious of foul ups by Erudio in my case. It almost beggars belief. First of all my loans were all old style (starting in 1995). This means they are regulated by the CCA 1974. This has no judicial discretion for s.87. This means that a default notice has to have the correct arrears or they cannot attempt to terminate the account without losing their opportunity forever to ever claim the capital sum in the future. This is basically what happened to me. They didn’t even update my address at the start (when they took over) which I confirmed to them by email to the correct deferment department for security confirmation (so they should have checked it). This address was also in many years of deferment documents since around 2014 or whenever it was they got involved.
more below…..
Sara (Debt Camel) says
I have only published the first of your very long comments.
I think you need help to see what your options are now. You can talk to National Debtline on 0808 808 4000 or go to your local Citizens Advice.