ERUDIO student loans help

MrStarship

erudioed wrote: »

MrStarship...thanks for the head up, i am a little busy to follow closely right now. Even though they havent replied, they have kind of replied with a very interesting refusal stating what info they do have, and the questions they do have info for, if others were to ask those questions. Lets hope some of us do file some of those requests so that we can get some insight into the dealings. I am sure there are many specific things that they state they can answer and have info on that will interest specific people.
I thought your efforts were herculean by the way before!
With the general erection coming in 2015, i am sure if the right info is found in such requests, it will help those with different interest, such as those wanting to prove what a disaster this loan sale has been by the present government.

That's the idea to get as much info out there. I also think it's more useful to FOI SLC and ignore BIS too. I feel SLC has more valuable information that if we can get it all, we can piece things together.

anna2007

erudioed wrote: »

With the general erection coming in 2015

That's a long time to wait!

I'll put another FOI request in. I've made 2 to SLC in the last 60 days, but for one of them the info had recently been released and the other was supplying their manual for deferments, so shouldn't have taken up much of the cost limit.

anna2007

I've resubmitted MrStarship's FOI requests 1 and 2 to SLC, via Whatdotheyknow:

https://www.whatdotheyknow.com/request/deferment_of_mortgage_style_stud/new

There are still plenty others to choose from, if anyone wants to put in a request

MrStarship

Hi all, great news. Success with a very important FOI.

Here it is: https://www.whatdotheyknow.com/request/228509/response/568827/attach/html/2/FOI%201060%20Jonathan%20Wild%20Response.pdf.html

FOS confirm 47 open complaints at time of my request.

2) They woudl not reveal any email between themselves and Erudio. SOrt of expected that to be fair, but worth a try.


Another request to FOS: https://www.whatdotheyknow.com/request/229099/response/568833/attach/html/2/FOI%201066%20Jonathan%20Wild%20Response.pdf.html

1) They have released the amount of calls received by the month.

This may be of interest to people on here.

AN FOI to BIS that they have answered: https://www.whatdotheyknow.com/request/228491/response/568498/attach/html/3/FOI2014%2020286%20Mr%20JONATHAN%20WILD.PDF.html

They confirm they hold no data in relation to Erudio's handling of deferrals.

Mr_McGuffin

anna2007 wrote: »

I've resubmitted MrStarship's FOI requests 1 and 2 to SLC, via Whatdotheyknow:

https://www.whatdotheyknow.com/request/deferment_of_mortgage_style_stud/new

Great, it will be interesting to know how the SLC handled deferment applications in cases where borrowers refused to use its form, if anyone did.

The 1998 sale agreement with Finance for Higher Education Ltd ('The first sale of student loans: sale and purchase agreement and master definitions schedule', DFEE 1998, House of Commons Library, Dep/3 6271) might help understand whether the SLC did or could require completion of its Deferment Application Form in order to obtain deferment.

As I understand the fundamental legislation, no 'Deferment Application Form' is prescribed and any graduate who requests or applies for deferment need only produce and 'show' evidence of income that is available to them. There is also no right for the debt owner to obtain information from other third party sources in order to assess deferment applications.

Under the 1998 sale agreement for the £1.02bn sale of the first tranche of student loans, the SLC continued to manage the deferment process and details of this arrangement are stated in the agreement. The SLC Deferment Application Form we are familiar with was specified in Appendix 4. It was part of the agreement with the purchaser that the SLC would send this form annually to all borrowers who may wish to defer repayments.

The Deferment Application Form was prescribed in the agreement between the then Secretary of State for Education and Employment and the SLC with the purchaser, but of course there was no such form prescribed in the 1990 Act and Regulations, or the final 'fixed' 1998 Regulations.

The SLC promised to send the Deferment Application Form specified in the sale agreement to borrowers, but as far as I can see it did not explicitly agree to make deferment conditional on completion of this form. The SLC promised to check the evidence of income as specified in the Deferment Application Form when assessing entitlement to defer, but the agreement does not state that completion of the form itself was required in order for a borrower to obtain deferment.

The SLC undertook to determine entitlement to defer and to process deferment applications. It did not agree that the completion of Deferment Application Forms was mandatory for this. The word application as used in this context is not defined in the Master Definitions schedule of the agreement.

Whatever the SLC might tell individual borrowers, or its front line processing staff, it appears to me that when drafting a £1.02bn deal it could not be agreed that borrowers were under an obligation to use any particular form for their application to defer. No such obligation existed in the underlying legislation.

This is all something for lawyers of course, but that is how I understand the sale agreement, and that seems to me consistent with the Education (Student Loans) Act and Regulations.

Student1983

Well I'm a bit slow in sorting out my deferrment as having other things to sort. However my letter to erudio is being posted tomorrow. I have asked for deferrment in a letter only. Explained why I cannot use their form. So will let everyone know if they accept. I am also playing safe though as I have no intention of breaching my contract. Not gonna give them this opportunity given my loan is due for cancellation. I am not sending any evidence unless they agree my letter is suffice. At this stage they don't need info from me if they are not prepared to defer subject to required evidence of the legal requirements. I have deliberated hard on this. I have set out my reasons why I am unable to use their form and I have reiterated that I do not consent to any changes that custom and practice for the duration of my student loan allowed. Will update when I hear back.erudio have been playing with us it is my time to play back. Thankful to the last foi which discussed complaints to BIS. I wrote 2. Hopefully my name will be flagged up with Erudio if Bis are correct in saying they are unable to release this info due to data protection.
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The Eight Data Protection Act Principles might be valid for us especially regarding the intrusiveness of the DAF

The act contains eight “Data Protection Principles”. These specify that personal data must be:
1. Processed fairly and lawfully.

2. Obtained for specified and lawful purposes.

3. Adequate, relevant and not excessive.

4. Accurate and up to date.

5. Not kept any longer than necessary.

6. Processed in accordance with the “data subject’s” (the individual’s) rights.

7. Securely kept.

8. Not transferred to any other country without adequate protection in situ.

As I have yet to ask for deferment I am unable to complain properly other than the firm being ambiguous, unfair and intrusive. Never mind the Cra issue which I am not prepared to consent to.

fermi

Mr_McGuffin wrote: »

Great, it will be interesting to know how the SLC handled deferment applications in cases where borrowers refused to use its form, if anyone did.

Sure I recall reading here or on mumsnet at least a couple of people say they had deferred in the past with SLC via just a letter?

Student1983

Hopefully they will agree but I am only giving them the bare bones as my partners money which basically pays for everything does not need to be disclosed. As it stands I have my own income and therefore everything else is irrelevant. For example the family holiday is paid by him but he transfers the money to me to book it because he refuses to use his card when on a wifi device due to the fact that it is easier for others to scam him. He works in the IT industry so he gets me to pay for any online transaction as I have no money to take. Also it is none of their business whether I own my home etc. it is not an application for credit. The mortgage company didn't want to know my wage as it is paltry.

anna2007

MrStarship wrote: »

They woudl not reveal any email between themselves and Erudio. SOrt of expected that to be fair, but worth a try.

What's wrong with redacting the personal info and letting us see the interesting stuff?!

Student1983

Email sent to Bis. Reply guarded unfortunately.

Dear Sir,
Thank you for your response. My student loans relate to 1993,1994,1995 and 1996. I am due for a loan write down ..... However my current deferral ends on October the 25th and I am entitled to renew. I find the new deferral process has incorporated Terms and Conditions that breaches my human rights as it is an intent to do me harm. I am dismayed that you knowingly allowed the sale of the pre-1998 loans to be sold to this company because you must have discussed how they would handle our loans and how they would organize the deferral process and its consequences.

Could you confirm that it is acting with my original terms of conditions to register my deferral with The CRA,s if I have historically not had this on my Student loan's account with this government body.

Could you also confirm that when taking out these loans we had been informed that these would never effect our credit rating as long as we were not in default.

Could you confirm that a Payment Holiday ( negative implictions on credit history) is the way in which our deferral will be registered.

If not a payment holiday could you confirm how this will be registered

Could you confirm that if I do not sign Erudio's Deferral form I will not be eligible to defer my Loan which I am legally entitle to

Please note that if I had been fully informed of the consequences when taking out my loans I would have been able to make an informed decision about this. However you have failed to provide me and other students with the facts when signing our original agreement.

I have received a copy of one of my loans from The Student Loans department. This has not included section 16 in the copy provided. I can not read anything about disclosing this to others.

I ask these questions of you as you sold these loans and have a responsibility and duty of care to act in my interest.

The threads relating to Erudio on mumsnet and mse are interesting reading and it seems that Erudio is not the best person to contact for help as they insist on signing their new T &C's. I have indeed contacted Erudio and this remains the case.
I do understand that information is shared. I accept that. I do not accept my deferral should be registered however with CRA's

Please advise me on the best way forward with my application.