ERUDIO student loans help

dizzybuff

still no response from the ombasman , started putting money aside for the arrears if they don't get rid of them.

anna2007

Pluthero wrote: »

That was fast. Thanks.

Noddle says this : Searches on your details through Callcredit within the last 24 months. These searches may be seen by third parties when they check your details with Callcredit.

This is the Search by Erudio:

Erudio Student Loans (Tar)
Arrow Tar

Administration Review

So how Do I know only I can see it?

Also they are not allowed to even do a soft search under the original loan conditions?

Call Credit's guidance doesn't say anything about an 'administration review'

http://www.callcredit.co.uk/media/1741464/your-credit-file-explained-6-5.pdf

But if you google, there's a few forums all saying the same, that it's a soft search, so won't show to lenders. You're right though, the issue here is that there's no legal right for Erudio to do any type of search on your file, doesn't matter if it's visible to others or not.

These are extracts from my email tennis with the ICO over the last month or so, a good example of the l-o-n-g, drawn-out process of trying to get a straight answer:

Me:
Does Erudio have the legal right to carry out searches on my credit file if I have not consented to this?

ICO:
Firstly, in relation to Erudio searching a credit file, 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.

Whilst consent is one of the conditions for processing information, an organisation does not have to have received consent from an individual. Providing they satisfy a condition for processing, this would typically comply with the requirements of the DPA.

Me:
If the condition being relied upon is consent and the organisation does not satisfy any of the other conditions for processing, can the organisation search the individual's credit file, if the clause in the loan agreement, from which consent has been obtained, does not permit this?

ICO:
Firstly, in relation to your concerns about Erudio searching the credit files, one of the conditions for processing information is that it is within the legitimate interests of the business, which would appear to be the case in this instance. It is also the case that it would be within the reasonable expectations of an individual that such a search may take place.

The last ICO comment was emailed today. What do an individual's "reasonable expectations" have to do with anything (never mind the fact that I had no reasonable expectation for the owner of my student loans to carry out searches on my credit file)? Surely what counts is that there is no legal basis/requirement/permission for credit searches to be done.

The "legitimate interests" condition seems to be a last ditch effort if Erudio doesn't meet any of the other main conditions, but there are two requirements:

"you must need to process the information for the purposes of your legitimate interests or for those of a third party to whom you disclose it".

Nope, no need, as a credit search doesn't verify a borrower's declared income.

"The second requirement, once the first has been established, is that these interests must be balanced against the interests of the individual(s) concerned. The “legitimate interests” condition will not be met if the processing is unwarranted because of its prejudicial effect on the rights and freedoms, or legitimate interests, of the individual. Your legitimate interests do not need to be in harmony with those of the individual for the condition to be met. However, where there is a serious mismatch between competing interests, the individual’s legitimate interests will come first".

This doesn't really apply, as the first requirement hasn't been met. But if it did, then my legitimate interest is that no money-grabbing, dodgy DCA outfit sniffs around my financial information when they have no right to. So that's a big no too.

I might be too biased so not the best person to judge here, but does anyone else think that the ICO are full of shee-ite?

anna2007

calise wrote: »

I had a search done on my credit report from Erudio last May (when I deferred using their DAF) Showed up on Noddle but not Experian. Maybe worth a look on Noddle?

Thanks calise, I signed up to Noddle (because it's free!) as soon as this started. I signed up for Experian's free trial to check there (assumed that's where Erudio would go, as Arrow Global are so cosy with them), so it's good to know that they use Call Credit/Noddle.

BorderReiver14

gardenia101 wrote: »

They stopped responding to my emails months ago..... no replies or acknowledgements. Could this be because I said email was my preferred method of communication since they seemed to struggle so much with large print?

I would complain about this and keep a record/trail to show your good intentions. As long as you can show you are making a good effort with them then they really are just setting themselves up to look bad should you ever need to take further action against them.
Congratulations on getting your extended deferment though.

BorderReiver14

anna2007 wrote: »

These are extracts from my email tennis with the ICO over the last month or so, a good example of the l-o-n-g, drawn-out process of trying to get a straight answer....
....I might be too biased so not the best person to judge here, but does anyone else think that the ICO are full of shee-ite?

I think you are the perfect person to judge this considering the amount of work you have put in to this fight....

I agree.... I can see that it would be a legitimate interest for ESL to get away with this but sadly for them they bought the book with all the conditions and regulations that came with our debt... and legally the ICO are just really confirming what we thought no matter how they dress it up! Legally the argument must come down to the individual's interest first. There is no way anyone would give their consent willingly. ESL know this which is why they have designed the DAF the way they did. If anything this should give more hope for the court case on the 6th March.

fermi

anna2007 wrote: »

I might be too biased so not the best person to judge here, but does anyone else think that the ICO are full of shee-ite?

A lot of the staff that respond to consumer queries and disputes certainly are. And some more senior staff. Seen it many many times.

Amazingly, despite being the watchdog for data protection, they seem to have very few people who know much about it, short of regurgitating a few guidance documents and webpages with little or no actual understanding.

fermi

--> Erudio Student Loans and Direct debit

RubyRue

I've just received a letter today from Erudio about a correction in my repayment rate. I'm deferred however apparently the monthly repayment rate on my annual statement was incorrect and has actually fallen by £50 a month, quite a significant mistake if I was repaying. They also note that no information regarding this error has been shared with any CRAs so will not appear on my credit file. The letter is also dated 144th November 2014, fills you with confidence doesn't it!

plong979

So the FOS have replied to my complaint, surprise surprise they are telling me to complete the DAF form and I'll get £50 and cancelled arrears as reward.

I am not accepting this and will be telling them so, along with the fact that it's been reported people have been deferred without using their form.

I am never signing their form ever and they can keep on adding arrears etc. and every deferment period I will send the same letter and 3 payslips until my years are up and then done.

BorderReiver14

Hi plong979
Was it the ombudsman or an adjudicator? Did they cite any reason why you should use the DAF ie legislation, or just that they thought it was "fair and reasonable"?
Good for you though... Keep up the fight!