ZWOLLE, WILLEMSTAD - The Curaçao Student Loan Foundation (SSC) has lost part of its claim against a former student because it took too long to act on collecting the debt. The subdistrict court in Zwolle ruled that SSC only first contacted the student in August 2017 to demand repayment of her student loan, even though she was supposed to start repaying it in January 2012. As a result, eight monthly installments of the claim have expired due to SSC's delayed collection efforts.
According to SSC's General Terms and Conditions, the repayment phase for the student should have started immediately after she stopped her studies in December 2011. The judge ruled that SSC should have urged her to pay from January 2012. Since SSC only took action five years later, the first eight installments of the claim were forfeited.
The student received a total of 7,785 Antillean Guilders (ANG) in student loans. The court ordered her to repay the remaining forty installments, amounting to €3,787.49, including contractual interest from October 1, 2017. However, the claimed collection costs were dismissed because SSC did not properly apply the legal rules in this regard.
The student argued that due to SSC's late actions, she now has to pay more due to exchange rate differences. Nevertheless, she remains liable for a significant debt. Additionally, she has been ordered to pay the legal costs, totaling €1,458.31.
The verdict was pronounced on August 6, 2024, and is enforceable, meaning the student must pay the amounts immediately, even if she decides to appeal.