I'm pretty sure that should be time barred as you say, but either way, I think your TD would also cover it.

So to be the bearer of bad news, mapleleaf, but it is likely that you are liable for this debt.

If they did go to court and get a decree in 2002 then the debt would not be time-barred I'm afraid. Any debt constituted by a decree does not expire for 20 years from that date.

In order for your student loan debt to be covered by your Protected Trust Deed, you would have had to have signed your Trust Deed prior to 1 April 2008 (assuming it is a pre-1998 "mortgage-style" student loans, ie the type that you can defer if not earning enough).

If it was the newer type of student loan (post-1998 "income-contingent" style student loans, where repayments are deducted from wages directly) then it could still be covered by a Trust deed signed prior to 27 September 2010. Ever since that date no student loans are discharged by any insolvency procedure.

Thanks. My loan was taken out in 1997 and is the older style one. My TD was signed in May 2010. So it looks like I'll have to pay up?

That's my lesson learned for today then 🙂 never thought about it before really, but I suppose it makes sense with current student loans. They're kind of like a pre-agreed tax.

Spoke to my trustee (Apex), I've to send it to them, they're going to get in touch with them.

Always worth a try - maybe Erudio will assume that it should have been written off even if it shouldn't!

Just another quick question. I presume because this is an old debt, it cannot be added to my credit files again?

Hi mapleleaf.

We're not experts on credit reports, but I'd have thought a company owed money would be entitled to report to credit reference agencies.

Whether they'd choose to do that is perhaps a different question.

I may be wrong, but I've a feeling that Student Loans don't get reported on credit files, as they aren't your typical consumer loan.

I can't ever recall seeing a Student Loan on a credit report Kevin and I've seen hundreds of them.

From memory the old style Student loans appeared on credit files, but not the newer ones.

Mark

Let us know how you get on will you mapleleaf? Would be interesting to find out.

I will do.

My trustee phoned the solicitors last week to ask them to update their records which they refused to do without it in writing so a letter was being sent out last week. I'll hopefully get an update tomorrow as I haven't heard anything since and the 14 days is up this Friday!

Just an update on this.

I finally received a letter from the solicitors confirming Kevin's initial verdict. An act in 2008 (or 9) meant that my Student Loan was no longer covered by my 2010 TD. So I was still liable for the payment.

I have made a monthly repayment offer which they have accepted, it's like being in a trust deed again!