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

FOS washing their hands of the s16 consent issues with the credit refernce agencies.

forums.moneysavingexpert.com/showpost.php?p=67529857&postcount=3005

Which is what I think I said they would.

Not unexpected. However, as I have said in previous posts they decide matters by what they regard as "fair and reasonable" and (as they acknowledge) not always strictly on what is the law.
That is why, in my view, a court decision on all the issues is important.
So the bottom line is that a decision of the FOS does not necessarily reflect what the law is.

By the way, I have a court hearing on a case on 6 March 2015.

Anthony Reeves

Successful deferment without the DAF form report by the same person on MSE, CAG and Legalbeagles.

www.legalbeagles.info/forums/showthread.php?50306-Erudio-woes&p=511583#post511583

Hopefully genuine but no original copies of the Erudio response posted yet, so could just be Erudio trying to get you to not use the form so they can get you into supposed arrears.

That is probably too cynical but would not be beyond the tactics of such lowlifes as Erudio and Arrow.

Hi madaki, thought I'd join here as well! Don't blame you for being cynical but it's genuine.

Here are the letters from Erudio, the long letter was sent after the first refusal to place my loans in deferment, I called them and got this in response. This was followed with the email I posted on legalbeagles and a complaint to the ombudsman.

I'm probably going to raise a new complaint, hopefully escalated to the FSO again for the deferment letter. They are again claiming that without a DD I'm in breach of my loan agreement. Well I don't have a DD so how can they place me in deferment if I'm in breach.

I'm also going to complain about the final paragraph "...reserves the right to request further information...." well they can request away, they've got all they're legally entitled to.

Good to see they're also threatening criminal proceedings against me if I've lied to them. Didn't realise they were also the CPS

drive.google.com/file/d/0B_uue2WS3lEvWFZsVU9vTDhWUFU/view?usp=sharing

drive.google.com/file/d/0B_uue2WS3lEvc3VBanFTWkp3WXM/view?usp=sharing

changing deferment link to remove name
drive.google.com/file/d/0B_uue2WS3lEvei0zeXktX1FQZTA/view?usp=sharing

Are people still getting paperwork from the student loans company?! I've had a phone call from a previous address to say an envelope has arrived for me from them. It's being forwarded to me, but my understanding was once sold my loans have nothing to do with them (they sold all my loans)

Thought I would share some positive news, not posted for a very long time, I reached a certain birthday, expecting trouble I put off contacting them, I have since spoken to them and with no prompting was told my loans were written off, always deferred, no payments ever made. Involved my MP last year and was fully prepared to again. So there is hope stick with it and keep fighting :-)

Has anyone been able to have their student loan written off for being over 25 years old now? Last time I called them last year they tried to tell me the loan must be 25 years old and you must be over 50? Is this correct or where they trying to flog me off trying to keep the loan going longer than it needs to be.

If you are under 40 when last loan was taken out then they are wiped at age 50 or 25 years after the last loan became due to pay, whichever is soonest.

Some have had their loan wiped. Erudio are trying their best to squirm ot of it when you do but it's the law so they can't avoid it.

Has been quiet here and I've not been paying close attention, but seems that Erudio are still telling huge whopping lies about their forms if the MSE thread is anything to go by.

Worth a read forums.moneysavingexpert.com/showthread.php?t=4923210&page=164

OK. So since I posted the original letter demanding to be deferred without filling in Erudio's DAF all the way back in March 2014, how many have been granted deferment without using the DAF?

Can we have a count please?

Is it just those that threatened legal action?

Lo mandaki. I believe its only a few people who threatened legal action.

I am still fighting them since MAY 2014 and it ain't over yet:)

Deferment renewal question : will Erudio be sending out their new deferment application form or not? The website gives conflicting information (what a surprise!) I need to know as mine ends mid May and I need to arrange for some help filling the form in, as well as the finances to get that done and if necessary requesting one.

According to their website they have redesigned the deferment application form and from 1st March CRA information is removed and DD is not compulsory though they will include it and expect it to be filled in

I forgot, with regards to the new form it must be requested as they are being phased in.

After reviewing the MSE DAF revision page, i forgot how invasive the draft version of this years DAF was, probably worse than the 1st one. I hope Arrow Global listened and changed it after getting the feedback from the MSE staff because expecting a better DAF is wishful thinking...hopefully i am wrong though.

Just read on MSE that the court case on the DAF and unfair terms is not going to go ahead.

That's annoying

And their website gives conflicting information about deferment continuing. On one section it says 'customers' must 'apply for an application pack' on another it says it will be sent 8 weeks before deferment ends.

IF it is sent only 8 weeks before it ends then it is very unlikely the forms will be processed in time, especially if you need help to complete the form (still not accessible form in sight). I don't know what applying for the application pack involves.

If you are currently deferred you should be sent a new pack automatically.

I think it's when you are currently paying back and then decide you need to defer that you have to request or apply for a pack?

Revised Erudio deferral form available from today

www.moneysavingexpert.com/news/loans/2015/02/revised-erudio-deferral-form-available-from-today

I can't find where it says that on their site. Ive had a good look. All I've found was Just that an application must be back within seven days.

Can you link please? I won't send them email as I said I don't have email and dang telephone due to disability.

Can't phone that should say!

www.erudiostudentloans.co.uk/faqs/default.htm

Under

Any other questions then How long do I have to complete my deferment form?

Deferment Application Forms are sent out eight weeks before the end of the deferment period, however, we recommend that you return your form as soon as possible to allow Erudio to process it in case we need to request additional information from you to complete your application.

Thanks no idea how I missed that

Heres a link to the new DAF:
www.dropbox.com/s/a375v9uoleagf02/Erudio%20New%20DAF.pdf?dl=0

And heres a copy of a post i made on MSE:

The warranty at the end shows you where you can see the full info on how they will share your info on the Erudio website or by asking for a copy. However, it doesnt tell you on this form but it does say on the very end that "By confirming your agreement to proceed you are accepting that we may use your information in this way". So this time, it asks for permission but doesnt say what for. Well, by visiting Erudio's FAQs, here are a choice few we are signing away the right to:
Are you going to pass details of my loan and how I manage it to credit reference agencies?
We may pass details of your loan to credit reference agencies (CRAs) where your account was opened before 1998 in accordance with the terms and conditions of the loan. Where your account was opened in or after 1998 then we may pass details of your loan to CRAs where (i) your account is in or has been in arrears with Erudio Student Loans or (ii) your account is in default or (iii) you have agreed that we may do this. Where your account is in deferral it will be treated in the same way as any other form of loan, which is in a payment holiday and will not be treated as a default.

And:

Will my deferment application impact on how you report to credit reference agencies on a monthly basis?
Separately to your deferment application, and in line with the terms and conditions of your original loan agreement(s), we will report your current outstanding balance and how up to date you are with repayments to credit reference agencies (CRAs) on a monthly basis in the following circumstances:

• For loan agreements signed before or during 1997, we have permission to report details of the loan to CRAs every month, including if you are in deferment.
• For loan agreements signed during 1998 and onwards we may pass details of your loan(s) to credit reference agencies where (i) your account is in or has been in arrears or (ii) your account is in default or (iii) you have agreed that we may do this.

If your application for deferment is successful and your account(s) meets one or more of the conditions for reporting to the CRAs stated above, your account will be listed at the CRAs as a payment holiday.

If your account does not meet any of the conditions stated above, it will not be listed at the CRAs.

The signing and submission of your Deferment Application Form to Erudio Student Loans does not change the terms and conditions of your loan agreement in any way in relation to reporting to the CRAs.

ME AGAIN: Note at the end of the last one, the T&Cs will not be changed by signing the DAF. However, by signing the new DAF, as mentioned at the start of this post, it states: "By confirming your agreement to proceed you are accepting that we may use your information in this way".

To me, this one is even more misleading, confusing and contradictory than the 1st DAF. At least that one told you some of what they would do with your info and how it could affect you. This one, they have removed it from the end of the new DAF, and have moved what you are signing away to their website. So, unless you are interactive when completing this form and double check with the website, or you 'request' a copy of that info about how your information will be used via calling the Death Star (Erudio HQ), someone will not know what they are agreeing to when signing the new DAF. That seems deceitful to put it mildly. Additionally, when you do check what you are agreeing to (signing away) on their website, it is more than they were saying they would on the 1st one, including those 2 examples of a few i pasted above.
Anybody else see it like that, or am i being too extreme, or not extreme enough. Either way, for me, i feel another carpet bombing campaign coming on to anyone who will listen.