ERUDIO student loans help

anna2007

In relation to your concerns about Erudio’s disclosure to the credit reference agencies (the CRA’s’), the Data Protection Act (‘the DPA’) provides conditions for the processing of information, at least one of which must be satisfied to comply with the requirements of the DPA.

As you have agreed to the terms and conditions of the loan, you have provided your consent to the disclosure of information to the CRA’s, this would satisfy a condition for processing information.

In relation to your concerns about the unfair wording of the contract, the wording of the contract would not be a data protection issue, as such; we would be unable to comment on this matter.

Whilst I understand that the Student Loan Company did not originally disclose information to the CRA’s, the fact that Erudio are now choosing to disclose the information would not appear to be a significant change in the processing of your information as this was always a possibility as a result of the terms and conditions of the contract.

I should point out that whilst some CRA’s do have marketing businesses, the information used for credit referencing is held entirely separately from data which is sold on for marketing purposes, as such the information on your credit file would not be used for marketing.

In relation to Erudio’s justification for the disclosure of information, providing the disclosure of information complies with the requirements of the DPA, which would appear to be the case, the justification they are providing is not a data protection issue.

As Erudio are regulated by the Financial Conduct Authority (‘the FCA’), if you believe they are incorrectly using the FCA’s guidance, this should be something you should raise directly with the FCA.

If you are unhappy with the assessment I have made, you are entitled to have your case reviewed by a more senior member of staff. More information on the case review process and the relevant form can be found on our website at the following link:

[URL="wlmailhtml:{472AB5CE-B42F-4503-B070-BF038EBF3534}mid://00000010/!x-usc:http://ico.org.uk/concerns/complaints_and_compliments/complain-about-us"]http://ico.org.uk/concerns/complaints_and_compliments/complain-about-us[/URL]

Pluthero

You seem to have covered all issues there Anna! Think will add another complain to FCA about data sharing.

Looks like the courts are gonna be the only thing to stop these gross unjust actions of erudio!

Clothkitty

I have a growing catalogue of problems with Eruido. I have not received any communication informing me they are now the owners of my debt. I have requested this twice via their customer service line but not recieved anything. (I moved in Jan 2014 and Feb 2014 but informed the SLC of my new address both times unsure why Erudio did not have this information)
I completed and returned my deferment form in time and with a covering letter explaining my emloyment situation and why I had 11 payslips covering a 12 week period only for them to contact me a few weeks later informing me I had not submitted the correct information. Following a further phone call to the service centre and speaking to a supervisor he confirmed that my loan had been deferred and no payments would be taken and written confirmation would be sent. I did not recieve anything but a couple of weeks later I received an annual statement saying that as my loan is deferred they have to send out an annual statement confirming my loan amount etc. I contacted the service centre again to request details of who I could write to with my complaint about not recieving formal confirmation of deferement and my still outstnding Welcome Pack. After much effort a name was forth coming and I was in the process of drafting a complaint when I checked by bank statement today to find they have taken a repayment amount in early October. Surfice to say my complaint has now escalated from minor administrative concerns to a more serious nature. I have cancelled the DD to prevent them taking any further amounts but have concerns about their ability to competently administer my loan and its deferment.

anna2007

Pluthero wrote: »

You seem to have covered all issues there Anna! Think will add another complain to FCA about data sharing.

Looks like the courts are gonna be the only thing to stop these gross unjust actions of erudio!

Still feel that ICO dodged a few questions, so will escalate the complaint, though not hopeful of anything positive - ICO report to Government after all *** tin foil hat alert ***

If you (or anyone) wants a copy of the ICO emails, PM me and I'll forward them on. I think the FOS will be keen to pass the CRA issue to ICO, when in reality it's not just about the legality, but the fairness of what Erudio are threatening - that's surely an issue for FOS?

You're right Pluthero about court, seems about our best (only?) option. I'd like to know if a positive court decision would mean a change in Erudio's behaviour to ALL customers? Can others then use that decision against Erudio? Sorry, no experience of court, so not sure how it goes

madobea

Brooker_Dave wrote: »

You need to explain to them that under the agreement you only have to pay when your income hits a certain level, yours does not, and therefore you have no reason to pay them.

How late was your application, 5 months or less?

Sorry for delay... had to hunt down the paperwork! Really need to put all this stuff in one file
My previous deferment ended on 09/05/14 according to the letter Erudio sent me, (I haven't cross checked it against the dates I had with SLC - need to find that paperwork too - but it sounds right) so it's now been over 5 months. I sent them my deferment form on 10 September.
I know it's my fault for deferring late, but I wonder if I'm obliged to pay the arrears when I don't earn enough to make payments in the first place. It's money they would never have got if I deferred on time and nothing's changed since then... In fact I have even less money now

fermi

anna2007 wrote: »

Still feel that ICO dodged a few questions, so will escalate the complaint, though not hopeful of anything positive - ICO report to Government after all *** tin foil hat alert ***

Problem is that it's semi-obvious from previous info BIS disclosed, that Erudio at least consulted with the ICO over disclosure of info to the CRAs under s 16 of the old agreements, and were either told or chose to believe that the ICO thought it was OK.

Given the disclosure levels and people involved that advice - if any - would likely have come from fairly high up or from senior technical/legal people.

Now as an ordinary complainant you are at first dealt with by an ordinary case officer, who from my experiance can vary from fairly clued up to utterly incompetent. (Sorry ICO if you are reading, but I have some email chains proving some to be the latter.)

Even if you complain to them about their response at first it either goes no higher if they can avoid it, or not much higher, so you tend to get brushed off or the finer points of you complaint ignored.

And here any case officer or their line manager can probably do no more than parrot or justify the info the senior people gave BIS/Erudio.

In other words, unless pushed to much higher level you are unlikely to have even the faintest chance of proper consideration of your complaint. Even then, the ICO top bods could still have have a vested interest in not going against what they may allegedly told Erudio.

Brooker_Dave

anna2007 wrote: »

You're right Pluthero about court, seems about our best (only?) option. I'd like to know if a positive court decision would mean a change in Erudio's behaviour to ALL customers? Can others then use that decision against Erudio? Sorry, no experience of court, so not sure how it goes

The business model is to buy up debt on the cheap, and them attempt to bully the hapless "customers" into paying up?

Being taken to court and the time and costs that involves would surely ruin the above business model?

Brooker_Dave

anna2007 wrote: »

Still feel that ICO dodged a few questions, so will escalate the complaint, though not hopeful of anything positive - ICO report to Government after all *** tin foil hat alert ***

This is the UK where we have light touch regulation, meaning that the regulators are there for the industry, not the consumer.

It's only when there's a big issue and the press get involved - PPI, Wonga etc, that the regulators feel forced to act.

The only way to make Eurudio fall into line is to use the courts, and there is a solicitor prepared to look at, and take on suitable cases on a no win no fee basis, so you are not alone.

Brooker_Dave

"Wilmington Trust was guilty of a complete breakdown of lending standards,"


"After Wilmington Trust's stunning announcement in 2010 that it would be taken over by M&T Bank Corp. at a deep discount, shareholder Carolyn Humes met others who dumped their shares because they knew there was trouble.


Humes, of Milford, who inherited a significant amount of stock from her father and grandfather, said she had faith in the people who ran Wilmington Trust. But with the slow, steady stream of recent prosecutions over 18 months, Humes feels betrayed.
"I would like to see justice," she said.


Now, Humes is following closely the continued fallout from Delaware's biggest banking scandal since the 1970s. Not only is M&T dealing with a criminal investigation by the U.S. Department of Justice that has led to six prosecutions in 18 months, but M&T is grappling with an inquiry by the U.S. Securities and Exchange Commission. Angry shareholders also are pursuing a federal civil lawsuit brought last year against some Wilmington Trust directors and officers, with a possible trial by next summer."


"The backlash from the public is exactly what this is about. The public thinks it's very unfair that their tax dollars were used to bail out the banks and to bail the individuals that contributed to the severity of the recession and the weak recovery," Bowers said. "They see people who were able to keep their bonuses that were given to them almost under false pretenses. The electorate is angry."


Stuart Greenberg, a banking consultant in Baltimore who specializes in commercial bank lending litigation, described Wilmington Trust's troubles as "all about greed."


"Wilmington Trust was guilty of a complete breakdown of lending standards," Greenberg said.


While government investigators don't comment on their inquiries, those close to the criminal case said the investigation is continuing. M&T also noted the criminal and SEC investigations are continuing in its recent second-quarter filing with the SEC."


"Since January 2013, the federal government has prosecuted six criminal cases involving Wilmington Trust that focus on accusations of bank fraud or conspiracy to commit bank fraud."


http://www.delawareonline.com/story/news/local/2014/07/26/fallout-continues-wilmington-trust-mt-bank/13225055/

Student1983

madobea wrote: »

Sorry for delay... had to hunt down the paperwork! Really need to put all this stuff in one file
My previous deferment ended on 09/05/14 according to the letter Erudio sent me, (I haven't cross checked it against the dates I had with SLC - need to find that paperwork too - but it sounds right) so it's now been over 5 months. I sent them my deferment form on 10 September.
I know it's my fault for deferring late, but I wonder if I'm obliged to pay the arrears when I don't earn enough to make payments in the first place. It's money they would never have got if I deferred on time and nothing's changed since then... In fact I have even less money now

Did you ever get paperwork from them prior to your deferral date? If not they are at fault for not sending this. I believe they also need to send a statement as well to inform you what your instalments would be. If they didn't don't think they can take money from you. You should get more advice on this.
If it was sent and you have misplaced it that will be a different matter and they are entitled to the money bar the 3 months backdate.
Also if you had a DD in place from SLC and money was not taken when it was due you could argue that you did nothing wrong and it was their fault. Erudio automatically had my SLC transferred. I would get advice on this.
Also erudio messed up in the early months. Maybe yours is one of them.
Read through the threads to see if this is similar to others.
Phone old Student Loans. They might let you know when they sent out the letter of assignment or any other letters.