ERUDIO student loans help

gardenia101

StudentLoansSuck wrote: »

@Chiefdave I would use the SA302 sent in the post by HMRC to fight your case. Its a very simple document that any fool can understand, but more importantly if the online calculations are shown like this: Gross Profit 30k/ Costs 10K/ Net Profit 20K, this is how HMRC declares the tax calculations on the SA302 they send out

Income received (before tax taken off)
Profit from self-employment = 20,000
Interest bank/building societies = £0.00
Total income received = £20,000

All this info is before HMRC do another set of calculations on tax due. HMRC used the net profit figure and not gross profit you declared in your online calculations. Erudio may think they are above common sense, but are they now suggesting they are above the government?

Plus, the T&C define gross income as: income from all sources before deduction for or relief from tax or other statutory charge. Self-employed people’s gross income are worked out as the gross profit of the business less the cost of doing business before the deduction of things like personal allowance and tax.

Erudio don't seem to consider income in the same way as HMRC do - I know which one I would rather be on the wrong side of.

Similarly for child maintenance - HMRC don't include this an income since its already been taxed at source from the other parent, & we don't (yet) have double taxation in this country. I suppose income can be whatever they want it to be :wall:

When I was self employed I think I just provided the calculation page from my self assessment form when online filing came out. Before that I expect I just sent the calculations page from whatever tax software I used at the time (TaxCalc?). I certainly didn't ever send in my entire self assessment form, or have any other documents from HMRC to send in - whatever I sent was always accepted by SLC without question, but it was always for amounts that were well below the threshold & my accounts were simple as a sole trader with minimal expenses.

Edwood_Woodwood wrote: »

I may want to join the legal action too.

I say may as I am seriously considering just letting Erudio default me and then terminate my agreement.

I would then obviously have my own legal action against them instead.

I wonder if it would be better for Erudio to take a legal action, rather than us to commence one.

What do members think?

Well I'm 3 months in default & they've shown no desire to take me to court yet. Maybe they've already started proceedings but have managed to lose that letter too :rotfl:

I really don't know whether it would be better to be taken to court - I've thought the same thing at times, but what would put me off would be the possibility/probability of horrific costs should I lose.

I imagine I'd also have less control over the situation - would I have time to try out a few different solicitors to see which opinion I preferred (since when did solicitors agree 100% with each other :rotfl:)? Would I be able to get the time off work to attend court at a time I hadn't chosen - personally I'd lose pay as my job doesn't allow time off during the academic year. Would I feel like I was always on the back foot?

In my previous job I was registered with a society (similar to the GMC) & I was obliged to report any instances that may be seen to be bringing the society into disrepute - a court appearance would count, & we're I to lose a case I'd brought against someone then I may have to face an internal investigation. More stress & the thought that I could be named & shamed, fined or even struck off (very unlikely but...) would worry me.

Draconian yes, but some other professional bodies may have similar rules. It was only a few years before I registered (1997) that we didn't need to report parking fines to the society, & have a telling off about that.

What could happen to e.g: an accountant, or banker if they were to lose a case regarding a loan? Or someone working for the police?

I guess most of them would be earning over the threshold, but there could be some part timers in these kind of jobs earning under this (unless of course they're unlucky enough to be single parents receiving CM ).

anna2007 wrote: »

Are ICO incapable of giving an opinion on a potential breach of DPA??

They told me the same about recording our loans as 'payment holidays' - can't or won't comment or act until the damage is done, which seems a strange way to go about protecting the individual's rights under the legislation.

I had my doubts about the ICO as soon as I read the 'Intro to ICO" section on their website - they're appointed by HM and report directly to Government... and I'm not going to apologise anymore for wearing a tin foil hat

The thing that really fcuks me off about ICO, or any regulator, is that it's ultimately the public that are financing them and it seems we're getting no extra legal protection in return. It's a farce, we might as well get rid and rely on the court system instead.

No tin foil hat apology needed Anna - I'm adjusting mine now :rotfl:

I'm amazed they can't comment on that particular potential breach since it isn't a woolly kind of breach that could have lots of permutations - its a direct question that could be answered by anyone not firmly sat on the fence :mad:

Edwood_Woodwood

Erudio have this morning sent me a Notice Of Sums In Arrears.

This despite the following-

1 I'm not in arrears, I earn well below the amount to repay so should be deferred.

2 They have ignored my deferral request, they neither informed me it was granted or refused.

3 Even if I was in arrears their monthly repayment amount is wrong. I have 35 months left before write off and the repayments are based on that 35 months when the minimum is 60 months to repay.

4 They claim I reached two full months of arrears within a 36 day period of my last deferment (?) yet the total amount of alleged arrears of £71.04 would correspond as three months arrears within 36 days based on their incorrect figures but would be almost 5 months arrears using the true figures!

Either way, 3 months arrears or 5 months arrears all within a 36 day period.

5 For 22 years my account was administered just dandy by both SLC and I yet within 5 months of Erudio owning it they have placed me in arrears and threatening to default and terminate my account.

Absolute joke.

Edwood_Woodwood

What was the eligibility to apply and be granted a SL back in 1992?

Was it simply one was to attend uni? And probably a UK resident?

Was it a case that one's credit worthy status was irrelevant because it wasn't checked? Or didn't need to be checked even?

anna2007

Edwood_Woodwood wrote: »

What was the eligibility to apply and be granted a SL back in 1992?

Was it simply one was to attend uni? And probably a UK resident?

Was it a case that one's credit worthy status was irrelevant because it wasn't checked? Or didn't need to be checked even?

From the DFE's 1992/93 guide on Student Grants and Loans:

"To qualify for a loan you must meet the residence rules [ordinarily resident in the British Islands for the previous 3 years]. You must also be a full-time student aged less than 50 when your course starts".

If you met these criteria, you were guaranteed a loan. Credit history/rating wasn't checked, this is mentioned in the Hansard documents when the legislation went through Parliament, confirming a student's credit history was irrelevant and wouldn't be checked.

The only grounds for being ineligible were if you had arrears on a previous loan, or if you were a minor when you took out a loan and had refused to ratify that loan when you turned 18.

calise

Here's a new and interesting one!!! I deferred in May like most other people with lots of too-ing a fro-ing, lies and stolen DD's which I ended up cancelling. Thought I'd hear no more until next year.

I still have the same bank account that I had when I was a student but since I'm now a SAHM, it is only used for my child benefit and student loan now erudio DD (in deferment). Since I gave up work, I am now a named 2nd person on my husbands account and thats what we use for day to day stuff.

Last week he decided to change bank accounts. Today I got a new DD instruction from Erudio detailing zero payments but my husbands new bank account details!!!!!! Now I haven't closed my bank account down or given them my husbands details so where have they got them from and HOW DARE THEY!!!!!!!

So what should I do? Is this legal? Do I call them and give them a piece of my mind? I am LIVID!!!!! or do I report them....and who too? Thanks in anticipation :-)

anna2007

@ calise That's very worrying, and a little scary!

I can't see how Erudio could know about the switch without being informed by one of the banks involved? Don't suppose your sole and joint accounts were at the same bank and they've maybe messed up the transfer by switching your sole account DD's?

I'd suggest contacting the new and old banks first, find out how Erudio got hold of the new account details.

Probably not worth phoning Erudio (that's sure to leave you even more livid!), but if you get nowhere with the banks, formally complain to Erudio. And if the banks can't explain it, it may well be a police matter, as there's surely no other legal way Erudio could have obtained the bank details?

There's also a current account switch service that many high street banks are now signed up to - if it was used to set up the new account, then the guarantee might be helpful:

http://www.simplerworld.co.uk/Mobile/Pages/Home.aspx

Hope you get it sorted, keep us posted on how you get on!

kathrynha

That is worryingly scary calise

I know when I changed bank accounts (whilst leaving old one open) the bank did the transferring of direct debits for me, but they gave me a list of all DD's associated with old account, and I had to confirm any I wanted transferring, of which I ticked all except SLC. They then did all the work, which I'm assuming included informing the companies the DDs were going to.
I'm assuming that this might be what has happened to you except you/hubby didn't get the list of DDs to approve, or your hubby not realising has said yes to all.

calise

Hi kathrynha the direct debit did not have anything to do with my husbands account so thats not where they got the information. I'm thinking the only way was because his new bank had to do a credit reference search before he opened it but I'm still not sure how this information could have ended up in erudio's hands.

Good idea Anna2007 I will phone thebanks and see what they come up with.

erudioed

calise wrote: »

Hi kathrynha the direct debit did not have anything to do with my husbands account so thats not where they got the information. I'm thinking the only way was because his new bank had to do a credit reference search before he opened it but I'm still not sure how this information could have ended up in erudio's hands.

Good idea Anna2007 I will phone thebanks and see what they come up with.

That is indeed very worrying. I would not let any part of this pass until you know exactly how they got hold of your information...which includes communicating directly with both Erudio and your bank, and anyone else who may be the appropriate channel. The only DD they can set up is on the account info you give them directly...anything else and you are due one hell of an apology and rather enormous compensation! Not only that, but whoever has crossed the line needs to be seriously reprimanded and exposed for such a thing on a site such as this so we all know what we can do to avoid that happening.
My mum once had a card stolen in the US and reported it as stolen. The bank then cancelled my card somehow. When questioned about how my mums call can lead to my details appearing on their computer screens (privacy and all), they went the extra mile to make me very happy, which they didnt, but did deposit a rather hefty sum into my bank account. And, as expected, when i requested a transcript of that call by my mum and anything related to that act, i got a reply saying a system error led to them not being able to retrieve it and pass it onto me, but hopefully the compensation would make up for it. As i said, it didnt, but only because i know anyone (call center staff) can access my bank info, regardless of whether i have given then a bank account and password or not.

kathrynha

If it has nowt to do with your husbands account, then major data protection issue.

The bank definitely has questions to answer, as does Erudio, and make sure you take it to the financial ombudsman. We had a DP breach with our mortgage company, smaller than your breach, and bank was ordered to pay us hefty compensation.