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vashtijoy

vashtijoy wrote: »

Hi, I have a quick question. My 1996 loan has been sold to Erudio. They have now sent me a deferment pack which demands that a direct debit be set up. They claim this was part of my original agreement with the SLC. My loan has been deferred since 1996 because of illness and I have never maintained a DD to them as I have never made regular payments to them.

*Is* this an alteration of my original contract terms, and can I refuse?

Well, Erudio have now fixed their phones, which were offline for two days after they sent out the deferment packs, and I've been able to speak to them. They're claiming paragraph 4.3 of the original terms entitles them to demand an active DD; it does not, of course.

They told me to strike out that section of the form and they wouldn't insist on it. It will be curious to see what happens when they actually get the form.

My credit is already trashed so I'm not worrying too much about the loan showing up on my credit score. If they try to claim that deferment starts a new loan agreement, that will surely be thrown out as soon as e.g. the financial ombudsman looks at it?

ericctheking

vashtijoy wrote: »

If they try to claim that deferment starts a new loan agreement, that will surely be thrown out as soon as e.g. the financial ombudsman looks at it?

Well they will probably say you should have checked the small print.
Are you answering the questions about such as if you are house-owner or tenant? It is totally irrelevant yet, the deferment form warns about omissions and such.

On a separate note this was all clearly going to happen when the loans where sold off. Just wait until the post 1998 loans are sold off. There will be all sorts of tricks then too.

pbs84

Deferment does not start a new agreement. It is part of and a function of your original agreement. Your origninal still stands whether they like it or not.

Only if you sign now to say you allow it can they do it. Don't.

ericctheking

pbs84 wrote: »

Deferment does not start a new agreement. It is part of and a function of your original agreement. Your origninal still stands whether they like it or not.

Only if you sign now to say you allow it can they do it. Don't.

Put you are making new agreements if you sign these new deferment forms in which have sneakily added in your consent to change the agreement.
Therefore surly the best course of action is to provide the evidence of being under the threshold on your on accord.

I think pbs84 there tactic will be just to wear people down, you are right that in some ways it doesn't matter what they say and you could win in court but a lot of people won't want the stress and give into their bullying.

ericctheking

Sorry for the atrocious English in the last post I have re-written that

But you are making new agreements if you sign these new deferment forms in which they have sneakily added in your consent to change the agreement.
Therefore surely the best course of action is to provide the evidence of being under the threshold on your own accord.

I think pbs84 their tactic will be just to wear people down, you are right that in some ways it doesn't matter what they say and you could win in court but a lot of people won't want the stress and give into their bullying.

vashtijoy

ericctheking wrote: »

Well they will probably say you should have checked the small print.

They can say that all they like; I wish them joy of it. I'll take their cover letter saying they are not altering the terms of the agreement to court, and I'll win.

norfolkshops

one day a week at university do i still get a student loan uk,i am told its full time.plus i have no idea about this matter

chele_belle

Is there any course of action for those of us that have unwittingly completed and returned the form? I'm a single mum who works full time and tend to get things like this completed as they come in so they're not hanging about - no excuse for not reading the small print I know, but it's the only excuse I have!

Would it be worth sending the template letter in stating that it replaces all previously completed forms and that I rescind permission for them to share my info with credit agencies?

ericctheking

chele_belle wrote: »

Is there any course of action for those of us that have unwittingly completed and returned the form? I'm a single mum who works full time and tend to get things like this completed as they come in so they're not hanging about - no excuse for not reading the small print I know, but it's the only excuse I have!

Would it be worth sending the template letter in stating that it replaces all previously completed forms and that I rescind permission for them to share my info with credit agencies?

There must be some comeback especially as all the press releases before the sale were clear on the terms and conditions not changing and there were even government ministerial assurances about this.
Then straight away this scam is pulled on everyone. It is a real disgrace.

ericctheking

I'm no expert but this reminds me of the South Park episode where Apple changed the terms and conditions to something ridiculous on one of their software updates.
The "new" terms and conditions might be void because of the way Erudio / arrow global debt collectors obtained them, in a sneaky way. (like asking for someones autograph but hiding a contract behind it!)