Erudio Student Loans Continued part 3

[erudioed]

I dont know if this is the right way to do it and i apologise if it isn't but this is the continuation of www.mumsnet.com/Talk/legal_money_matters/a2057131-Erudio-Student-Loans-Continued

Ladies and gentlemen, I am back here now after a very hard last week of work where one head chef quit, the owner is selling up, and I'm dumped with a decent work load and no sleep. It is also possible that I have regenerated into an older version of myself played by Peter Capaldi. No, not the Time Lord version. I'm Malcolm Tucker and I am now on a deeply personal mission to eviscerate Erudio.

This morning I received Erudio's complaints response letter (CRL) to my telephone complaint of 04 July 2014. Despite me saying on the phone that I was not issuing a verbal complaint but would send them a written complaint, they proceeded anyway. I elected to hold back on the written complaint to see what their investigation would deliver. To say their final complaint letter is stacked with shit is an insult to large stacks of shit.

The letter kicks off by saying they received my Deferment Application Form (DAF) on 28 March 2014. By telephone on 17 April 2014 they said they hadn't. On 19 April 2014 I received a letter dated 10 April 2014 saying they had.

Just this one element, the date they received the DAF, and they can't even get that story straight without contradicting other Erudio representatives verbally and in writing.

*My deferment had expired in January 2014. Payments were taken from my account on 19 Feb and 24 March to ESL as the CRL states. The CRL doesn't address the fact that the Feb payment was to the SLC and that the March payment went to Erudio with:

a) no written confirmation that Erudio now held my account (never received that letter)
b) no written letter saying that they had changed the date of my payment from the 20th to the 21st, technically meaning they'd taken money from my account on a different date to that agreed with the SLC which I believe is a contravention of the DD regulations.*

They claim an IT error meant no payment was taken in April. No mention of why they failed to inform me of this technical failure via any method.

-April was also the time when Erudio were taking money incorrectly from people's accounts. An IT error or a fucking useless system? I'm poinitng toward the latter.

They claim to have taken a DD payment on May 20th and that I reclaimed this payment through the DD Indemnity Service

My bank has no record of the payment being taken nor of me reclaiming this payment. Why do they have no record? BECAUSE IT NEVER HAPPENED.

Erudio then claim that the Direct Debit Instruction was cancelled by myself and that they received an Automatic DD Amendment and Cancellation Service (ADDACS) report received from my bank on June 5th 2014.

-The Direct Debit is still active to this day and I have a printout from Natwest dated 09 September 2014 proving this. I did not cancel it. My bank has no record of any cancellation nor of any ADDACS report sent to Erudio.

-What's more, I was told verbally on 04 July 2014 by an Erudio representative that my Direct Debit was cancelled BY ERUDIO on June 6th.

The CRL continues to say that they have backdated my deferment which was granted in the summer, that I have no arrears, and that the deferment runs out in May 2015.

It closes saying that they can confirm this is their final response to my complaint.

You arrogant shitbags. Your investigation provides me with a letter in which you categorically lie and all this before I've filed my written complaint letter which is now about six pages long with photocopied evidence extra! The CRL is not signed by a named person, has a squiggly line for a signature, and no direct case reference code system. It isn't even addressed properly with the sender's address in the top right hand corner. It's a fucking shambles.

I shall be responding to the CRL on 10 September 2014 asking for a full copy of the ADDACS report that Erudio received from Natwest to be sent to me within two weeks. Once I have a response to that request, I shall file my complaint letter with Erudio and with the FOS.

LOL.

The morons at Erudio seem determined to just dig deeper holes for themselves.

@Ibreakwindinerudiosdirection
What a bunch of turds, and sorry it has happened to you. The upside, they have given you enough rope to hang them with hopefully.
The FOS told me when i called them last week that only if they get enough complaints will they 'usually' take a closer look at things.
Not that i need to tell you, but as a general shout out to everyone, if we stop with everything after we have been deferred and dont carry our complaints forwards to the FOS (if we have good ones), then there is no chance of anything changing and this will be par for the course for the next 10 or so years. We have to drive forward and lodge our individual complaints/concerns if Erudio's answer is a non-answer (like mine was).

Anyone had an account statement yet? My last one from the SLC was just dated 'September' so I suppose there's still a bit of time left...

@Erudioed

It's the blatant nature of the lies that makes the eyes open wide.

Tigerbay I was also wondering about the annual statement.

What an utter horrible day thanks to Erudio!

I got my 'Annual Statement' this afternoon. On it, I noticed a charge for £20.00 I called up to find out what this charge was for and spoke to a girl called Gemma who told me that the £20.00 charge was because I had not given my telephone number and was because Erudio had to write to me about my complaint!!!!

The £20.00 charge relates to a letter from Simon Dinn (of Capita - not ERUDIO), who wrote to me in August after my complaint was passed on to him by BIS. Unbelievable!!!! So now I am being charged to have my complaints answered.

Oh and then I am told I do not have an active Direct Debit - all because Simon Dinn from Capita had chosen to cancel this outright. I have a suspicion that Erudio (err, Capita) will use every trick in the book to get people into arrears so they can get borrowers out of their original agreements and into their nasty arrangements to pay.

So, thanks to my complaint to BIS, I have been charged an additional £20.00, had to make further inconvenient calls to Erudio's expensive 0845 number, had arrears on my account which In have had to sort out, and probably have had late payments listed with CRA's.

There are a multitude of other issues. I have applied for deferment back in mid July and this has been refused because I would not use their current form. I am well under the threshold (old and new) and have earnings of just over £24000.

So I am being forced to make payments and then incur additional costs because of their 'games.' This has been at a huge detriment to my health. Tomorrow morning I am going to the doctors as I am suffering very badly due to the stress of this whole situation. I am then also going to a solicitor as finally had enough. I found out I have legal cover for all legal issues through me and my partners finance / insurance for our home.

On another point, I have had the sense to record all my calls with Erudio and transcribe them (plus calls to BIS and an extremely interesting call with the SLC back in very early April). What ever happens, I hope these are ultimately used in court as the recording prove how awfully unfair BIS, Erudio and Capita have been in dealing with a simple deferment.

They cannot charge you for a letter replying to a complaint. Cheeky **ers!

@ Mandaki (hope you are well as I know you are one of the veterans in this campaign)

...Well that is what I was told tonight by Gemma as a full explanation for the £20.00 charge. I have a crystal clear recording of the conversation, which I have just begun to transcribe ahead of a visit to the solicitors in the morning.

The crazy thing here is the letter I was charged £20.00 for was because BIS did not answer my complaint when I wrote to them and simply passed my issues on to Simon Dinn at Capita (not ERUDIO!). So I have been charged for making a legitimate complaint to the government.

Grrrrr

@LuckyEskimo4

That is by far and away the most f**ked up thing I have every read about this whole sorry Erudio saga. And that is saying something!

BUT why are you calling them at all. They are a DCA!? Never mind their 0845 number? Use this one 113 318 9010 but I recommend not phoning them at all. However it is awesome that you have recorded evidence of their MANY failings in dealing with you.

And why are you paying them any money? I mean you are under threshold and have supplied the info to them stating as much! tell them bog off.

You should be claiming major compensation for all the grief they have inflicted. I think your solicitor will have field day with them.

I know its stressful but take a step back. They are CHANCERS and it may take a few court cases to put them in their place. Makes my blood boil when I see the effect they have on people!

And the Thing is they are taking on GRADUATES and they thought we would all roll over and have our tummies tickled and pay up gladly if they sent out some (empty) threatening letters.

Stay strong and stop stressing (easier said than done I know)

ditto LuckyEskimo4, it is easier said than done i know, but you have to try and distance yourself from the ordinary reactions/feelings that we normally feel when we think we are being personally attacked (normal human feelings). These people are playing on that, and i think they have chose the wrong group, as Pluthero states, to mess around with. You have a great case for serious remunerations, and in further contacts you should mention you will be taking this further if they dont offer you a satisfactory, tailor made reply. I know it is a ball ache continually having to think about this stuff and trying to just get defered, and the feeling you are being personally targeted but hit them once with a financial penalty and it would be very doubtful they would do anything like this ever again.
You should contact Simon Read and Martin Lewis about your case and see if they have anything to add. Not to mention the FOS...i would call them immediately, tell them you are not feeling well, and ask them to contact Erudio on your behalf.
Good luck with it and please do try and distance yourself from your feelings a little. They are vultures, and if they smell weakness or an emotional reaction of a certain kind, they will start picking away. So stay strong, and you know you are not alone!!!

@LuckyEskimo4. You have the full support of many people and I wish you the best of luck at the solicitors. I hope they nail Erudio's a* to the wall :) Well done for recording the calls. Stay strong x

Complain to everyone you can think of. I didn't think they could get any more unbelieveable - I hate to be wrong in this case. :(

Even if they 'con' me into being in arrears, I am never paying them - unless my income legitimately goes over the treshold level, as per my original agreement. I will stick to my end of the deal and will complain about everything that is wrong. Should be an interesting ten or so years for me.....!

I need some advice about what to do next.

I've applied to defer back in March, sent payslips but didn't sign DAF (after reading MN). Erudio refused to consider my application despite saying I had supplied the evidence that meant I could defer.

So I complained, got the usual response and to cut a long story short, sent a complaint to the FOS. This was based on Erudio's refusal to consider my deferment being in breach of my original t&c, as I had supplied the evidence required (payslips).

Erudio took money from my account, initially without telling me, so I got it back via the DD indemnity. As my complaint was in dispute I told them under FCA regulations they shouldn't be taking any money. They took nothing for a month, then took a payment again.

They originally agreed with me, that money shouldn't have been taken as the account was on hold. However (surprise), they changed their mind and said an account on hold just meant that letters/calls about arrears wouldn't happen (?!). Anyway, I again got the payment back via the DD indemnity.

I'm still waiting to hear back from FOS (they have until end of Oct) but got a statement from Erudio showing 2 sets of arrears.

I just don't know what to do now.

I don't want to sign their bloody form as I don't want a payment holiday on my credit file. Equally, I don't want to pay as I am entitled to defer as I earn below the threshold but if I don't they're putting arrears on the account, which will no doubt go my credit file.

But they've got me over a barrel. What do I do? Who can help me?

I am in the same situation!

Ask yourself this! Am I under the threshold? Have erudio been given proof of this? If you answer yes then what have you got to worry about?

If erudio take you to court what will a judge do? Laugh at them:-)

Just like searbear in the above post I won't be paying until I earn above the threshold.

Erudio are just trying to scare you!

Yes, well below the threshold-I work part time and I've given them the three months payslips needed.

Most of the time I think stuff them but just occasionally they get to me. I'm not worried about them taking me to court as I have done all I need to defer.

It's the fact they haven't deferred me and are saying that I'm now in arrears, despite the fact that my complaint is with the FOS and how that may affect my credit rating.

If I do nothing, which is what I'd like to do, they will just stack the arrears up= negative affect on credit rating.

The only alternative is to complete their form so they will process my deferment=payment holiday=negative affect on credit rating.

In fact seeing it written like that, the same outcome either way I might as well just let them say I'm in arrears!

I spoke to someone last month and he kindly offered me some professional advice that I'd like to share:

Him: "What you need to remember (in a v patronising voice) is that it is a loan and it needs to be repayed"

Me: "Yes, you're absolutely right"
Him: "Well the repayments can be taken by your DD"
Me: "Absolutely, when my income is above the required threshold, AS PER MY ORIGINAL AGREEMENT"
Him: "Oh right, not now then".

GRRRRRR.

I. WILL. HOLD. FIRM.

"If I do nothing, which is what I'd like to do, they will just stack the arrears up= negative affect on credit rating.

The only alternative is to complete their form so they will process my deferment=payment holiday=negative affect on credit rating.

In fact seeing it written like that, the same outcome either way I might as well just let them say I'm in arrears!"

I always said this - a sorry state or affairs!

"Him: "What you need to remember (in a v patronising voice) is that it is a loan and it needs to be repayed"
Me: "Yes, you're absolutely right"
Him: "Well the repayments can be taken by your DD"
Me: "Absolutely, when my income is above the required threshold, AS PER MY ORIGINAL AGREEMENT"
Him: "Oh right, not now then"."

That is hilarious!

Hold firm - you can do this. Besides, what are they going to do? take you to court? where you can prove you provided them with all the information?

@NoMoreHappyMrsChicken

They can't legally put you in arrears, mark your credit file etc without due process. A lot of legal letters they would have to send you: default notices etc, NOSIA (notice of sum in arrears) letters. All of which you will contest by repeating : I am under the threshold, I have provided evidence to you of this. Make sure you have a paper trail of all your actions and their responses, no phone calls unless you are recording them or asking for them to be recorded.

AND.

If they did mark your credit file THEY would would be in deep S**t. AS you are legally entitled to defer IF you are under the threshold. (never mind the whole mis-selling aspect of these Student loans: another can of worms waiting to be opened)

These are not normal loans we are defaulting on due to being unable/unwilling to pay/running away from our responsibilities. We are not LEGALLY bound to repay them unless we are over threshold. Reading some forum posts you would think Erudio really don't have a clue about the distinction but I believe THEY know exactly what they are doing.

Erudio are a DCA. They are treating us like defaulters/ trying to push us in to being defaulters with their DAF BS, claiming to lose paper work, counting CM/DLA towards threshold etc. They will bully many into paying up when they do not have to. Don't be another victim. Stay strong.

Thank you both.

I was just worried about the arrears and the impact on my credit rating, so knowing they can't just do that is reassuring. That said what they can do and what they do, do are not necessarily the same thing!

I do feel bullied, you're absolutely right. I think this is what's making me so determined not to give in to them. I KNOW I am legally entitled to defer and have given them evidence.

I help people stand up to bullies everyday and Erudio's tactics just don't sit well with me.

My last two emails to them, confirming that my complaint is with the FOS and they shouldn't be attempting to take payment, have gone unanswered. I have a looonnngggg paper trail of letters and emails, thankfully I found this thread early on!

So I guess I do nothing at the moment? I think I'd quite welcome them taking me to court!

Just read that Erudio don't count DLA towards your threshold amount. They do ask you to include it in your application though. Sorry for the confusion.

I like their disclaimer on the 16 page 'Getting your deferment
application form right' :

'These notes are for guidance only and reflect the position at the time of writing. They do not affect any right of appeal.'

IE, We made this sh*t up and may change our minds and disregard all of it at any time. NICE.

Just been catching up on the latest posts.
On the topic of Data Protection and clause 16 of pre 1998 agreements, I take the view that it does not allow them to pass on information to CRA's. I am going to obtain Counsel's opinion on this (hopefully for not much charge from a contact I have) and then hopefully that will provide some assistance in this aspect.
On the topic of whether they can force you to use their DAF before considering an application for deferral, my legal opinion is that they cannot. However, watch this space on that aspect as I might have more useful information to report on this shortly.
If anybody wants to discuss matters, please get in touch.

Anthony Reeves

Brilliant Anthony, we all wait with bated breath!

That is Great News Anthony!

Myself and many many others have felt quite bullied by Erudio as you can probably tell by a brief perusal of this forum and others. We feel let down by the authorities/BIS/Government etc. The FOS are doing their bit but having been on the phone to them they are very busy with more serious cases. It's nice to have an informed legal opinion for what MANY of us suspected: Erudio are trying it on :)

@AReeves So what legal firm are you and this advice coming from?

I'm also in the same boat - refusing to sign DAF but totally eligible to defer. Currently about 4 months in arrears and waiting to hear from them.

I'm not too worried as they don't have my DD

BUT the thing I am most worried is that they say they can only wipe 3 months arrears from your account. Therefore they can say you have defaulted on your T & Cs and will no longer cancel the loan after 25 yrs/age 50.

Fed up

x

@flossychops

Yeah but if you had signed their DAF, you would be screwed anyway as they say they will register your loan as on payment holiday with CRA's!

Also you have not accrued arrears because YOU are in deferment. Erudio are just in denial about it. You could argue to a judge you have fulfilled YOUR obligations towards the ORIGINAL LOAN AGREEMENT and that Erudio have broken the loan terms by not deferring you if they try to say you have defaulted. This will run and run for months to come, its still early in the fight.