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

Nice one fillie and congrats on your deferrment. Cameron must be quite interested after his supposed assault on Shell companies. Its just a shame it takes a letter from him for Arrow to do the decent thing and refund your bank charges. Did they compensate you for all the time and stress it has caused you? I imagine not so maybe the ombudsman might weigh in if not. Or you could mail capita and request compensation for the hours of stress and sorting out etc. They really are a bunch of vultures and only understand it when someone tries to get into their nest and steal some of their golden eggs...

@CelticPromise Your deferment end date is the same as mine, although I didn't submit my deferment application until 20 May. I completed the DD mandate with the new term at the top blacked out, and received confirmation of the DD from Erudio, showing a start date of 10 June and a payment amount of £0.00. If they go ahead and take payment, I'm going to put the account into dispute, quoting the FCA rules above, until deferment's granted, and claim back the payments under the DD guarantee. I've given proof my income's below the threshold, so the way I see it, Erudio are breaking the loan agreement by delaying deferment.

As you've no DD in place, Erudio will have to request repayment from you, they can't just put your account in default. If/when they do that, dispute the amount immediately, it should stall things long enough to get your deferment.

Have Erudio challenged your income being zero? The FAQ on their website suggest they'll do this, presumably because there must be financial support coming from somewhere (third party support, credit cards, etc).

@fillie That's great news but slightly concerning that David Cameron directed his letter to the SLC. Wonder if he even knows what is going with Erudio?

@ halfpricedebt My plan is to follow through with my complaint and challenge Erudio's application of the law/interpretation of the loan agreement via the FOS and ICO. The ICO have already expressed a view that Erudio are entitled to report deferred loans to the CRA's - it's up to each of us to try and persuade them otherwise! If we can do that, then the ICO's decision will apply to all deferred borrowers. If we can't, then it comes down to the FOS decision - importantly, that decision is made on a case by case basis - there won't be any blanket decision covering all borrowers. Anyone who doesn't take a complaint to the FOS/ICO, can't really complain on here about having their loans reported to the CRA's, if they haven't at least tried to do something about it.

I don't really see what else we can do (other than getting our MP's/the media interested). Just because there's no grand plan as such, doesn't mean we should stop talking about it - sharing our experiences and knowledge on the forums surely helps others to get through the deferment and challenge Erudio?

Your point re the FPN being added to the deferment application, the - I included the following in my formal complaint to Erudio:

By incorporating the consent to your fair processing notice with my signed certificate and warranty at section 9 of the form, you are effectively giving me no choice but to consent to the sharing of data (unless I amend or delete sections of the form to show that I do not give consent). This is clearly a breach of the DPA, which requires the individual's consent to be clear and explicit. Guidance from the Information Commissioner's Office also states that "a particular consent may not be adequate to satisfy the condition for processing, especially if the individual might have had no real choice about giving it".

@jill18: Hopefully Cameron does know because after his pledge to take shell companies to the regulator to make them more transparent for a) tax dodging and b) customers not knowing who they are dealing with (ring any bells here with everyone using the name Erudio), his government decides to continue the policy of privatising student loan debt collection to shell companies, as Labour did before under Thesis and Honours Student Loans (or Erudio with a new name). Anyway, like Cameron really cares...Zach Lewy looks like just the turd Cameron would single out as a top bloke, bringing over his US style of debt collection to the UK!

Hi all, I also received forms from erudio which I didn't complete and sent a letter with evidence that I don't earn over the threshold etc. this was a couple of months ago. Today I received a letter from them saying as I did not signs and date forms then I had to do this now and have sent me a new set of forms. Has anyone else had this? I didn't even send them the forms, just a letter. Thanks :)

So what we're saying is the next step is to complain to the FOS about the reporting of deferred loans to CRAs? I just want to be clear what next steps are because I'm reluctant to stop fighting.

I've been really busy with work but I do plan to sort out an FOI request regarding Erudio/Arrow and other bids for the Government loan book. I am to do this at the weekend so will update when it's done.

Like we did with the letters for deferment, it would be good to have a structured plan of action for what happens after. I had my deferment accepted when I didn't fill in the forms after much wrangling and many phone calls (seems this thing about not being able to see payslips is a common tactic as they tried it with me until I told them if I could read it then so could they).

I don't want to rest on my laurels but the only way we can take this on is if we are all consistent so I'm suggesting another practical list of what people should be doing after the deferment process is done with.

@halfpricedebt: I think there are a few paths with different people fighting for those things where they believe they have a case.
Mine personally is on the issue with CRAs, but not he reporting as such, although that is the by product. My issue is Lewy seemingly striking a deal to trade our info for Arrow to get free info back. Although others disagree, i feel that falls under trading/selling info, and when reported to CRAs, it is stated on the deferrment forms that it can obviously affect 3rd parties. Again, personally, i was told by BIS that our loans cant affect anyone else. As such, reporting our deferments and our loan info i feel breeches what i was told. That is my fight.
However, i also have a wealth of info on how i have been lied to and very poorly treated by Capita/Ventura's staff and will embed that into my complaint, as i will a number of issues concerning the collecting of personal info. If Arrow are collecting that and it is somehow implicit in the CRA deal they have with Experian, i would like the ombudsman to investigate that, as i would the deleting of that additional info from their systems (with an accompanying circular to us all addressed from Erudio apologising for misleading us into thinking that information was implicit in our deferral).
Not exactly shooting for the moon, and i have not quite structured it fully yet, but my complaint will be along those lines.
As i said though, different people seem to have gripes they feel they would like the ombudsman to investigate, which can only help the ombudsman scrutinise Arrow's structure and how poorly they have performed and treated us after taking this (as they see it) student loan debt collecting on.
I personally feel we have to do this to stop the same confusions happening year on year because i still feel they want to turn as many of us into defaulters as possible.

As an aside, as i was deferred after my deadline because of Capita's slow speed, and i was also told i had had a gap in payments, which i was told would be rectified and cleared soon. I dont trust that, and am considering that Arrow will use this some how to accumulate missed payments and when we get to 3, or something like it, call us out or apply some obscure bullshit they have up their sleeve. I am still rather unclear about the whole thing because they dropped it in on the phone when i was clarifying i had been deferred, and it didnt really strike me until the other day when someone else mentioned a similar thing. I still dont know what to make of it and i cant remember the exact word they used when they mentioned it.

@ erudioed It was me who was speculating re the gap in Powerpooh's deferment - I can't see Erudio granting an extra month out of the goodness of their hearts, I also don't believe they're as incompetent as they make out. It was exactly one month's gap too = one month's repayment. May well be overthinking it, but if they do the same to me, I want it in writing that the deferment applies to the whole period, either that or they amend it to the correct deferment date, so it doesn't come back and bite me on the bum at a later date.

@ halfpricedebt A plan for the stage after deferment, or the complaints process, sounds good, but there will also be people deferring at various times throughout the year looking for help. The main issues on the DPA consent and DD are complaints that can be made to Erudio as soon as the deferment application pack's received, but making the complaint closer to the deferment end date would buy extra time, assuming people get their applications in quick and Erudio continue to take the full 8 weeks to give a final response. Rambling a bit, does that make sense?

Also thought we could post example letters (maybe on a new thread so they don't get lost on here?) for people to use and adapt if they wanted, for both the formal complaints to Erudio and the FOS? Other letters too, e.g. where deferment's delayed and Erudio are demanding/taking repayment.

Thankyou once again mandaki for reassuring info.

minimoosh I have heard nothing from them at all. I fully expect they will say they haven't received my letter but fortunately it was signed for. DH wrote thema letter confirming that he supports me financially but does not provide me with an income so they do have evidence. It's been good enough for SLC since I've been a SAHM.

@CelticPromise

No problem.

With these things you have to go back and look at the actual terms of the agreements and wording of the legislation. Erudio will tell you porkies about it if they think they can get away with it.

I don't doubt it. I have requested a copy of my loan agreement from them but I'm not expecting it any time soon!

There are copy agreements here you can read.

www.slc.co.uk/freedom-of-information/freedom-of-information-disclosures.aspx

Yeah the "gap" they left was exactly one month. Last deferment ended 22nd May 2014 and the letter I got confirming deferment states I am deferred until 22nd June 2015.. no mention what so ever of the missing month when they fannied about like headless chickens using delaying tactics not to defer me. I have written to them and asked for clarification as to whats happening with the gap.. I've gone back over my paperwork and they generated my deferment letter only 2 days after they had signed for my last correspondence I sent to them, but it did happen to mention that I had already gone to the FOS.

Re "the gap"

"Each deferment period will last for 12 months beginning on a date the lender tells the borrower. This date will be not more than three months before or two months after the date the lender accepts the borrower’s deferment application".

Are Erudio bending the meaning here? I'm assuming they haven't said the date deferment starts, only that deferment will end on xx/xx/xx, and the regs say deferment will last 12 months. I thought the 3 months before/2 months after thing is all to do with the timing of the deferment application, making an allowance for late applications, but could Erudio be interpreting it to say they can leave a gap of up to two months after granting deferment, regardless of when the application was received?

@ CelticPromise When I became a SAHM and applied for deferment, SLC asked for a letter from hubby confirming he financially supported me, did that each year and they accepted it, no problems at all.

I don't mean to worry you, but I read on the forums that Erudio aren't accepting that, they want proof of the actual amount of financial support. I gave them 3 months' statements from our joint bank account, showing mortgage, C. Tax, insurance (even groceries) being debited, split the total in two (a fifth for groceries, there's 5 of us!) and declared that as the amount of 'financial support'. Showed hubby's income being only credit to the account, but actual amount blacked out. Everything else I blacked out on the statements. My application only went in 20 May, so I don't even know if it's worked, but I based it on what others on the forums have gone through - no doubt they will have come up with other reasons to refuse by the time they get around to it!

With your deferment end being so close, you have to contact Erudio and ask if what they have is enough to process the deferment - they certainly won't let you know in good time, because it's in their interests to stall as long as possible.

If they say you're due to repay because the deferment's not through in time, put the account into dispute (copy in the FCA and tell the FOS what's happening), you can use the fact that the evidence you've given previously to SLC was enough. That should put a stop to any claims for repayment until they sort out your deferment.

Thanks minimoosh. I am not worried, I don't doubt they will ask for more and also for signed forms. I decided to start my correspondence with them by supplying what I have supplied to SLC for past two years, as it has been enough for them. I sent it in good time, over a month before end of deferment, and I have got in touch again before deferment ends. I haven't received a demand for payment yet. I am covering myself as far as I can so they could not possibly say I am in default.

Omg!! Erudio are seriously taking the f'ing pi$$!!!!

Got a letter from them dated 28th May saying I was successfully deferred..

Just home from work to another letter and a new application form saying my original hadnt been signed and dated. This letter was dated 31st may.

They are seriously having a fecking giraffe!!!

Am I deferred or not I wonder?

You really couldn't make this shit up!!

I'd say ignore it Powerpooh, you have their letter confirming deferment, which is all you need.

They seem to be churning that one out lately, regardless of whether you've signed the form or not. Just another stalling tactic and they don't even bother to check if the form's signed, or in your case that deferment's granted already. Arseholes.

Omg!! Erudio are seriously taking the f'ing pi$$!!!!

Got a letter from them dated 28th May saying I was successfully deferred..

Just home from work to another letter and a new application form saying my original hadnt been signed and dated. This letter was dated 31st may.

They are seriously having a fecking giraffe!!!

Am I deferred or not I wonder?

You really couldn't make this shit up!!

If they've sent you a letter confirming that you are, then you are. Tough on them for sending it out if they now don't' like it.

I suspect the 2nd letter is just one of their numerous cock ups.

Might even be funny, if it wasn't so utterly pathetic.

Have no idea why that double posted... I'll just blame Erudio.

They really are incompetence personified!!!

Update on me!

Background. Wrote letter (containing official complaint and request for original agreements) with evidence, no form. They replied to acknowledge I was eligible to defer but I needed to sign the form. I replied on 2nd May stating I would not be signing the form but as I am eligible please defer me.

Heard nothing since. Deferment date 15/5 I do not have a DD in place so no money taken. No response to complaint or agreement request.

Today I get a letter:

"We are writing to let you know we have not received your monthly payment of £whatever , as a result your account is now is arrears"

Please can you arrange to make a payment to clear the overdue amount. There are a number of ways to make payments...

Please ensure your monthly amount of £ is sent to us prior to your due date so that it is posted to your account no later than the 15th of each month.

... You do not have a DD in place on your account and this constitutes a breach of your agreement. Please telephone ...blah blah"

I have never been informed of monthly amount due.

They are REALLY sticking to their guns over the forms being signed!!

Will report to FOS and MP on Monday.

Ok, so I've submitted an FOI request to BIS about the sale = www.whatdotheyknow.com/request/due_diligence_for_the_purchase_o/new