ERUDIO student loans help

LaCoco

Oh, okay. Well, massive thanks to you, Anna2007, and unknown letter-drafters.

rizla_king

Think some were first posted on the mumsnet thread?

EllySue

Has anyone received this text from "Erudio":

"Hi, we need to contact you. Please call Erudio now on 0333 0037188 (calls are charged at your local rate)."

I am assuming it is phishing spam as although I had a student loan with SLC 1995-1997, I paid them off in full around 10 years ago. I still have the same mobile number though. Should I be worried that SLC sold my details to Erudio even though I had completed business with SLC?

Michelle1976

Further my post on the 4th July (on page 46 of this thread), I today received a letter stating that Erudio did not have enough evidence to defer my loan and asked, yet again, for Housing Benefit Credit Award letter OR a bank statement. I phoned them immediately (on the 0845 number they give but have since found the 0113 number so will use that in future). When I informed the gentleman they already had my bank statement he then put me on hold for ages (a 30 minute call resulted in me being on hold 6 times for about 25 minutes!) and came back to tell me they need a letter from my ex in regards to maintainance. I told him I had already explained in my previous letter that there is no letter, I cannot get a letter (due to reasons outlined in my previous post) and the payments were highlighted on the bank statement I had already sent in.


He then put me on hold again and eventually came back with "we need payslips". I informed him they already had been sent payslips TWICE! On hold again. We were going round in circles so I eventually asked for a manager or supervisor and was put on hold before being told there were none in. He said he would get someone to call me back in 8-12 days which I told him was unacceptable. He eventually found a team leader and I had the whole discussion again.


So I now have to provide my Housing Benefit letter (which I was not asked for in my last letter or phone call) and I will e-mail it this evening.

When I last spoke to someone on the phone it was not mentioned that I needed to do this and it was confirmed that ALL I had to do was e-mail the payslips (for the second time). They seem to keep changing there minds as to what they do and don't need, confirm they only need x then demand y!

In the meantime I have read (a few posts up) another lady's post re: Child Maintenance. I got into a big row with the lady on the phone about this. I informed her it's the children's money not mine and is not an income. She insisted that is IS income. She got a little shirty with me after this. The first thought that crossed my mind was to move the money to another account.

Then I saw the post by Dizzybuff....my concern with doing this is, come the deferment in 2015, are they likely to look back through old deferments and ask where the maintenance payments have disappeared too?? I feel strongly that this money should not be considered....no other agency takes it into account.

In the meantime I have decided to make official complaints to the Financial Ombudsman (does anyone have a name I should be addressing the e-mail to??), my MP and AM, as well as sending a copy to Erudio (will write the same e-mail and cc them all).

Also, how do I 'thank people' on this forum?? I can see 'has been thanked x times in x posts' but can't work out to do it....wanted to thank the people who replied to my previous post.

Lungboy

I've just read the last 50 pages of this thread (yes, really), and am fearing the worst for my near future.

I have 6 loans, from 97, 98, 99, 00, 01 and 02. I have always worked on the assumption that because the 1st loan was from 97, that all of my loans follow the rules for pre-98 loans. Is this true? Can I pay off my '97 loan in full to stop my remaining loans being subject to the Credit hit for deferred loans?

I am currently paying off my loans, earning just over the threshold, but as of 1st August this will no longer be the case. How do I go about proving that I am under the limit for deferment when my wage slips and p60 will show that I earnt over the limit? Will a letter from my employer stating my new gross income be enough? I dread to think what Erudio will have to say about that. Will they even send me the deferment pack as I'm not currently deferring?

anna2007

Lungboy wrote: »

I've just read the last 50 pages of this thread (yes, really), and am fearing the worst for my near future.

I have 6 loans, from 97, 98, 99, 00, 01 and 02. I have always worked on the assumption that because the 1st loan was from 97, that all of my loans follow the rules for pre-98 loans. Is this true? Can I pay off my '97 loan in full to stop my remaining loans being subject to the Credit hit for deferred loans?

I am currently paying off my loans, earning just over the threshold, but as of 1st August this will no longer be the case. How do I go about proving that I am under the limit for deferment when my wage slips and p60 will show that I earnt over the limit? Will a letter from my employer stating my new gross income be enough? I dread to think what Erudio will have to say about that. Will they even send me the deferment pack as I'm not currently deferring?

Don't rely on Erudio sending a deferment pack - as soon as you're below the threshold, apply for deferment. Include a copy of your payslip showing the lower pay, also a letter from your employer confirming your lower pay, and that it's ongoing. Erudio have been asking for 3 months worth of bank statements, but all that's required under the regulations is the previous month, plus a declaration that you won't be over that for the following 3 months.

anna2007

Michelle1976 wrote: »

Further my post on the 4th July (on page 46 of this thread), I today received a letter stating that Erudio did not have enough evidence to defer my loan and asked, yet again, for Housing Benefit Credit Award letter OR a bank statement. I phoned them immediately (on the 0845 number they give but have since found the 0113 number so will use that in future). When I informed the gentleman they already had my bank statement he then put me on hold for ages (a 30 minute call resulted in me being on hold 6 times for about 25 minutes!) and came back to tell me they need a letter from my ex in regards to maintainance. I told him I had already explained in my previous letter that there is no letter, I cannot get a letter (due to reasons outlined in my previous post) and the payments were highlighted on the bank statement I had already sent in.


He then put me on hold again and eventually came back with "we need payslips". I informed him they already had been sent payslips TWICE! On hold again. We were going round in circles so I eventually asked for a manager or supervisor and was put on hold before being told there were none in. He said he would get someone to call me back in 8-12 days which I told him was unacceptable. He eventually found a team leader and I had the whole discussion again.


So I now have to provide my Housing Benefit letter (which I was not asked for in my last letter or phone call) and I will e-mail it this evening.

When I last spoke to someone on the phone it was not mentioned that I needed to do this and it was confirmed that ALL I had to do was e-mail the payslips (for the second time). They seem to keep changing there minds as to what they do and don't need, confirm they only need x then demand y!

In the meantime I have read (a few posts up) another lady's post re: Child Maintenance. I got into a big row with the lady on the phone about this. I informed her it's the children's money not mine and is not an income. She insisted that is IS income. She got a little shirty with me after this. The first thought that crossed my mind was to move the money to another account.

Then I saw the post by Dizzybuff....my concern with doing this is, come the deferment in 2015, are they likely to look back through old deferments and ask where the maintenance payments have disappeared too?? I feel strongly that this money should not be considered....no other agency takes it into account.

In the meantime I have decided to make official complaints to the Financial Ombudsman (does anyone have a name I should be addressing the e-mail to??), my MP and AM, as well as sending a copy to Erudio (will write the same e-mail and cc them all).

Also, how do I 'thank people' on this forum?? I can see 'has been thanked x times in x posts' but can't work out to do it....wanted to thank the people who replied to my previous post.

Michelle - the child maintenance thing bugs me a lot - common sense dictates that can't be classed as your income - it might be worth contacting the CSA (or whoever they are now) and asking if they'd confirm this in writing, send that in to Erudio? There's something very wrong with the system if child maintenance can be classed as the Mum's income. You may well have to fight them on this point, keep a note of all correspondence and use it in your complaint to the ombudsman, I hope you take your complaint further, otherwise Erudio won't change, why would they unless it cost them for each complaint?


If you want to thank other people posting, there's a 'thanks' button under the person's post, it's only there when you're signed into your MSE account

anna2007

pepedopolous wrote: »

2 working days and no response to my complaint, not even an acknowledgement. I've just cancelled the dd. I wonder how soon they'll contact me about that?

I got an acknowledgement quickly (within a day), I'm sure it's because I had my email set up for a return receipt, proves they've opened it? You can do this through Hotmail/Gmail by signing into Windows Live Mail on your PC - if you need help with that, PM me.


We have to realise the beast we're dealing with here, think how they might think and remember you're legally entitled to defer - the trick is to not give them an inch - that means have evidence (in writing, forget phoning) of every contact - if you have that and go to the ombudsman at a later date, Erudio are stuffed. They're well aware of that, they've been very apologetic to me over the DD and crap customer service - that doesn't change the fact they acted the way they did, and I'll do my utmost to change that in my complaint to the FOS. But we won't change anything unless we ALL officially complain - take your grievances to the FOS, it costs Erudio for every single complaint, that's your best chance of stopping them, because there is surely a point where it's not worth chasing legitimate deferrers.

anna2007

Sorry for banging on about this, but it's an important point and means a great deal to me, because I'm scared of what it means for my kids if they want to venture into higher education .... we have been SCREWED OVER big time by our present/past government, too busy passing cigars to even comprehend the impact/implications their policies have on the 'average' person.


We do have a voice with our vote every 4 years, but that's clearly not enough - we have to kick up a stink in the meantime, let them know we're not happy with the way things are headed. I'm fairly confident if we don't do that, there will be a great big steaming pile of poop called higher education at the end of it, and it won't be worth a !!!!. I've had some wine

anna2007

Posting this in case it helps, my complaint to Erudio - the part re DD's they agreed to and was upheld, but please push the CRA issue, I'm convinced they're wrong on that one!




I wish to raise a formal complaint regarding a number of issues relating to Erudio Student Loans Ltd's deferment application process.


Erudio has stated that it is a requirement for me to have a Direct Debit in place during periods of deferment of my student loan repayments. The Direct Debit mandate included in your deferment application contains the statement "You are required to maintain a direct debit mandate for your your repayments regardless as to whether your repayments are deferred. Failure to do this constitutes a breach of your agreement".


I do not agree with this statement, as the original loan agreements and relevant legislation only stipulate that repayments should be made by Direct Debit; there is no requirement for me to have a Direct Debit set up during a period of deferment (when no repayments are due). For your reference, the relevant sections are set out below:


"The repayments shall be paid by direct debit from your Bank or Building Society unless we agree otherwise" Clause 4.3 of the loan agreement


"Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise". The Education (Student Loans) Regulations for each of the eight years from 1990 to 1997 (see 1990/1401, Part IV, 7(4) in the first instance)


"Unless the lender agrees otherwise the lender will collect the borrower’s monthly repayments by direct debit. If the borrower’s account changes he must give the lender a new direct debiting instruction" The Education (Student Loans) Regulations 1998/211, Schedule 2, Part I, (14)


Clearly, the legal obligation for me to have a Direct Debit in place relates to periods of repayment, and is not a requirement during a period of deferment. I therefore consider the statement on the Direct Debit to be the imposition by Erudio of a new term which is not part of my original loan agreement. As such, I do not agree to the new term and you will see that I have deleted the statement on the Direct Debit mandate sent as part of my deferment application. Although I have agreed to the Direct Debit being set up until such time as my complaint is resolved by Erudio or the Financial Ombudsman Service, I have done this on the understanding that the new term does not form part of my loan agreement. I therefore strongly dispute that any failure on my part to maintain a Direct Debit during a period of deferment constitutes a breach of my agreement, as this was never an obligation under the original terms of the loans.


It should be noted that the Student Loans Company, as the previous administrator of my loan accounts for the last 24 years, at no point informed me that I was required to maintain a Direct Debit during periods of deferment, or that I would be in breach of my loan agreements if I failed to do so.


Further, all banks operate a 13 month dormancy period for Direct Debits, where they hold details of Direct Debit Instructions for a minimum period of 13 months from the last payment, or if no collections have been made, from the date it was set up. After this period the Direct Debit is cancelled by the bank; this rule was introduced to protect the customer, by ensuring that an inactive Direct Debit does not remain on a customer's account indefinitely. I therefore consider it unreasonable and unfair for Erudio to insist that I have an inactive Direct Debit set up when I am entitled to defer my loan repayments, as it places an unnecessary and onerous burden on me: I would have to regularly check my bank account to ensure no payments are taken in error against the Direct Debit, when no repayments are due.





Regarding the disclosure of information, the loan agreement states that any disclosure by you of any information concerning or relating to the agreements is subject to the prohibitions and protections of the Data Protection Act (DPA). Your deferment application form contains a fair processing notice, relating to the use of Credit Reference Agencies by Erudio to perform relevant checks and to register information on deferred loans with such agencies. Whilst I appreciate that Erudio may wish to carry out checks with Credit Reference Agencies in order to verify my information, and may have the right to report my loans to such agencies if the account is in default, I do not consent to Erudio disclosing information regarding my deferred loans or related personal data to Credit Reference Agencies. One of the conditions of processing laid down in the DPA 1998, and applicable to my loan agreements, is that you obtain my explicit consent to share my personal data. Any action taken by Erudio to share information on my deferred loans and personal data with Credit Reference Agencies, when I have not given consent, will mean Erudio is in breach of the requirements of the DPA.


I have ommitted your fair processing notice from my deferment application form, and also stated on the application form that I do not consent to the sharing of my deferred loan data with Credit Reference Agencies. 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".


In order to resolve my complaint, I request that Erudio gives me written confirmation of the following (please provide confirmation of points iv. and v. when you acknowledge receipt of my complaint):

• I am not required to maintain a Direct Debit whilst repayment of my loans are deferred, and any failure by me to maintain a Direct Debit during deferment will not be considered a breach of my loan agreement by Erudio. If Erudio is unwilling to change its position on this matter, please provide documentary evidence that I have an obligation to maintain a Direct Debit during a period of deferment.
• As I have not given Erudio explicit consent as required by the DPA, Erudio will not share any of my deferred loan and related personal data with Credit Reference Agencies. If Erudio is of the opinion that it is not required to comply with the provisions of the DPA, please provide evidence of this with your response.
• Erudio will separate consent to its fair processing notice from the certificate and warranty at section 9 of the deferment application form.
• In accordance with the requirements of the Office of Fair Trading, the Financial Conduct Authority and the Credit Services Association, Erudio will cease all collection activity (including, but not limited to, demands for repayment) on the loan accounts whilst Erudio (or the Financial Ombudsman Service if necessary) investigates my complaint. This should not adversely affect the timely processing of my deferment application, which was received by Erudio on 20 May 2014.
• As Erudio set up the Direct Debit instruction with my bank within 4 days of receiving my deferment application, I request an assurance that no payments will be taken from my bank, until my complaint is resolved.
  I look forward to receiving your full response to the issues raised in my complaint.
  Yours Faithfully,