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Original poster

Erudio Student Loans Continued

999 replies

halfpricedebt · 18/04/2014 22:53

Started a new thread following mrsbug's request.

I got an email from Erudio today telling me that an issue I raised with them on 27 March that was then completely ignored even though they asked for confirmation of my details to process the initial email. I gave them the details they requested and seven days later I still hadn't heard anything. So I wrote them a rather threatening complaint telling them if they didn't respond within 7 days I would report them to the relevant financial services. That was on 3 April and today they've told me that my complaint has been forwarded to their Customer Resolutions Team.

I wonder what they do?

OP posts:
Flossychops · 17/05/2014 00:05

Well my deferment date has just passed. To recap my situation (I think a few of us are in a similar position) I sent a letter with my evidence. No form. They quickly replied acknowledging that I am eligible to defer but it wouldn't be processed until I signed their form.

I replied with a polite letter reiterating my stance that I don't have to complete their form and if they insisted on it then I would contact the FOS. They received it on May 6th. I have heard nothing since. No acknowledgement of my complaint. No copies of my original loan agreement which I requested. Nothing.

Deferment date was May 15th. I do not have a DD in place (not cancelled, just not there)

I refuse to phone them, so we shall see...!

Sounds like a few of us are standing our ground with the forms and with many deferment deadlines seeming to be in May they will need to show their hand soon.

mandakl · 17/05/2014 07:59

Looking back through my records with SLC I actually deferred twice without using their forms. Once because despite repeated attempt to get them to send me a form they didn't, and the next year because I pre-empted the hassle by sending a letter.

If SLC can do it so can Erudio.

mrsbug · 17/05/2014 08:13

That's a good point mandakl, I deferred a couple of times with the SLC without signing their form, in my case it was because I was abroad so I just sent them a letter saying I wasn't earning and they were fine with that.

StAndrewsbythesea · 17/05/2014 09:22

Yes. I think I mentioned this before, but I have a work colleague who deferred every year with SLC by cover letter, and without using their form. The SLC had no objection whatsoever.

emptycoffers · 17/05/2014 10:07

@ minimoosh

I wouldn't reveal anything about CC accounts UNLESS you use it as a form of income. They don't want to know about everyday run of the mill CC usage.

emptycoffers · 17/05/2014 10:14

@ the Form Non-Signers

you guys are made of sterner stuff than me but I'm not quite clear what you're trying to prove/gain by not signing?

Is it 'just because I can' - yah boo - kind of thing?

Just because my old hairdresser used to let me take home the copy of Red I'd been reading doesn't bind my new hairdresser to the same deal and doesn't actually prove anything if I take her to task about it.

We both just end up really pissed off and not liking each other.

Nobody likes change but unless we want to turn our whole lives into big fights, surely we have to choose battles with some actual significance.

That's my take on it - it's your Zantac prescription Wink

mrsbug · 17/05/2014 11:06

Empty I originally filledin in the form with all of the details they asked for, before I started the other thread. I then realised that I didn't want or need to give them all of the info so wrote the cover letter instead.

If they sent me another form I would probably fill it in with only the info I need to provide, and with the bit about giving my info to CRAs blacked out.

Flossychops · 17/05/2014 11:09

@emptycoffers

In a nutshell I am not signing because they are debt collectors and I don't trust them!

I believe that signing their forms constitutes an implicit agreement to their (altered) terms and conditions and who knows what tricks they will try in the future. Why else are they so insistent that everyone signs it - if it were just to reduce their admin/systems headache then surely the basic info would be enough to input without a signature.

Basically, I worry about THAT more than I worry about what they'll do if I don't sign it.

minimoosh · 17/05/2014 13:43

@ emptycoffers Haven't told them anything more than expenditure < payments towards CC balance, so 'nil' entered on the application. Still not convinced any CC expenditure should be classed as income, it has to be paid back at some point. Too late to change now anyway, deferment application posted this morning, P.O. lady had to prise it out of my hands, but I'm relieved now it's finally out of my sight Smile

I didn't have a problem with signing the form, because I've been very clear about what I do and don't agree or consent to, both on the form and in the covering letter. I don't see how that wouldn't cover you if and when Erudio try to enforce the terms you haven't agreed to!

ekim · 17/05/2014 16:16

I'm not signing their form because I don't trust them with my signature, simple as that. I've read horror stories where DCAs have transposed (i.e. forged) people's signatures onto other paperwork and agreements. I'm not saying Erudio have or will do this, but if they don't have my signature they definitely can't.

minimoosh · 17/05/2014 16:51

@ Flossychops I understand your reluctance to sign the form, I sat on mine best part of a month before sending an amended one to them. But I'm not even sure that the changes to terms that Erudio have tried to make would be enforceable, because of the way they've sneaked them into the form. If you don't believe that a DD is a requirement during deferment, you can delete and amend parts of the form to reflect that, same goes for the FPN part. It's then up to Erudio to accept your amendments or not - they will obviously maintain that a DD is required, they've said as much in the deferment acceptance letters.

Erudio are not going to change their position on the DD requirement, unless the FOS or courts tell them to. But my priority is to get the deferment application approved, and then challenge the changes to terms through the FOS. That way, Erudio can't claim I've broken the agreement, which is the whole point of them insisting on the DD in the first place!

minimoosh · 17/05/2014 17:10

@ ekim Take a copy of everything you send to them.

If they were daft enough to forge documents or agreements with your signature, and there was any dispute in the future, surely they would have to produce the original document with your penned signature? I'm sure the ombudsman and courts are well aware of DCAs wily tactics.

Original poster
halfpricedebt · 17/05/2014 17:17

Got an update for everyone.

I have received my deferment letter which defers me from the 10th May until 9th May 2015.

They've made a little statement about DDs being in place or I'm breaking an agreement but boo-hoo. That'll go in place when I start being eligible to pay.

To clarify - I will not allow an active DD on my account while a debt collecting agency are in charge of my loans. If it was the SLC I'd have no problem leaving it set up.

Keep fighting to get deferred and remember - as long as you meet the criteria as set out in legislation, then bob's your uncle.

Now, on with the FOI request.

OP posts:
IchibodT · 17/05/2014 17:54

Still haven't heard of anyone being granted deferral who didn't sign their form. Would be very interested to hear from anyone who has been successful this way, if Erudio ever do this then legally speaking they will be providing us with a very big stick to beat them with, that will open a whole can of worms regarding their due process, their obligation to be fair and consistent etc.

Time is fast approaching for those who are digging their heals in regarding the use of their form and provision of signatures. Personally I don't think Erudio will blink on this and it may take legal action to force the issue to conclusion.

It's also time to watch those credit files like a hawk people. I regularly check mine with all 3 agencies. If you don't do this then I'd suggest using Noddle (in place of call credit as file can be viewed for free and they hold same info as Call Credit) then take out the free 30 day trials with Equifax and Experian. The 3 companies often hold differing and out of date info the onus is on you to keep checking and making sure it us correct.

Powerpooh · 17/05/2014 18:42

All I got today was a letter from the FOS stating they had written to Erudio re my complaint about their lack of communication.

Interestingly they gave me a London address and not the Rotherham one for Erudio should I also wish to contact them. I'm assuming the London address is where their business is registered or perhaps where they deal with the complaints.

erudioed · 17/05/2014 18:59

probably The Wilmington Trust address i assume. What is the address?

Powerpooh · 17/05/2014 19:16

1 King's Arms Yard
London
EC2R 7AF

the letter from FoS says of I haven't heard from Erudio after a few days then I am to write to them and tell them FOS are involved.

I am already composing the as I doubt they will be in touch any time soon.

Becca19962014 · 17/05/2014 20:11

Just to be clear, I and my bank were told no one is being sent deferment letters claiming a DD is necessary for deferment and no rules are being broken by cancelling it and they have never claimed otherwise in deferment letters. They asked my bank to send them the letter as it was incorrect.

Becca19962014 · 17/05/2014 20:16

Hit send too fast, to continue, my mp is taking this up with them as mp rang erudio yesterday afternoon after i left and were told the same:

No deferment letters claim a DD is necessary
Nothing regarding stopping DD means an agreement breach are in the letters.

He is therefore pursuing this. I got a letter about this today from mp who is v concerned.

persephone49 · 17/05/2014 20:52

In their own notes for "getting your deferment form right" it says "Keeping your Direct Debit details current (whether your account is in deferment or not) is a requirement of your credit agreement'

also on the form "You are required to maintain a direct debit mandate for your repayments regardless as to whether your repayments are deferred. Failure to do this constitutes a breach of your agreement"

So which is it Erudio?

Either we do need a DD in place or we don't, there is no halfway house its black or white.

they may be saying it 'isn't' in the letters, however all their information is stating it.

I too was told CC should be declared as income, did i? lol

Becca19962014 · 17/05/2014 21:12

That's my point about the DD, they can't have it both ways.

Erudio themselves have told me, my bank and mp that they do not expect DD to be in place during deferment and recommend DD is cancelled. but have also stated in writing if they find it has been cancelled during deferment I would be in contract breach - however, the only way they could know that according to bank was if they tried to take money they are not entitled to.

I was told that about cc as well but ignored it, I also raised it with my mp.

persephone49 · 17/05/2014 21:35

It really does smack of trying to scare people who don't feel up to challenging them, they are bullies.

They cannot make the rules up as they go along, i would suggest keeping copies of everything, i scan everything in, and keep copies of everything, they need to come out with a consistent policy and stop making up the rules.

Sounds like your MP is helping quite a bit becca hopefully he can sort it for you.

Becca19962014 · 17/05/2014 21:47

He is helping because I said it would help me decide who to vote for at the election. I'm soooo naughty Wink

persephone49 · 17/05/2014 21:51

Oh you bad bad girl Wink I love it!

IchibodT · 17/05/2014 21:51

This reply has been deleted

Message withdrawn at poster's request.