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ERUDIO student loans help

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  • Lungboy
    Lungboy Posts: 1,953 Forumite
    Part of the Furniture 1,000 Posts
    It's a shame it won't be tested in court, but at least we know that Erudio will back down if people are determined and persistant enough.
  • erudioed
    erudioed Posts: 682 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 26 February 2015 at 10:54PM
    Great news Anthony about not being gagged, i stand happily corrected. i dont hold it against anyone settling and i hope Erudio get hammered with big costs. Trying to blackmail someone and gag them to accept costs, that sounds about right with these vultures. I know personally it takes up days/weeks of ones life trying to find out about things and staying in the loop to know where you stand, so hopefully costs will reflect that.
    Maybe when we see that new DAF, that collective action should start to gather pace because i guess even more people will have problems signing it this time, if the sample new DAF was anything to go by.

    Just throwing a question out there, but does that now mean no one has to complete the DAF form?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Lungboy wrote: »
    It's a shame it won't be tested in court, but at least we know that Erudio will back down if people are determined and persistant enough.

    More of an excuse for the FOS to ignore the law though, sadly.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I suspect not something they can share easily, but would be interesting the see the particulars of claim in that case?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • anna2007
    anna2007 Posts: 1,182 Forumite
    edited 26 February 2015 at 10:54PM
    Thanks for the update Anthony, I take it Erudio refused to let you see the revised DAF? Even if that's the case, the new DAF's due out at the end of the month, so before the court hearing, and assuming the form goes further than it should (which seems highly likely), does that not mean that the unfair relationship continues, if your client is required to use it for next deferment? Or is there another reason the court might say the unfairness has been removed, e.g the fact that your client hasn't been required to complete the new DAF yet?

    It also seems like Erudio can dodge court, simply by granting the current deferment without the DAF, on a 'without prejudice' basis, so there's no admission of guilt on their part and the rest of us can't rely on the outcome for our own court claims. Is there any way to avoid that, e.g. by putting something specific in the particulars of claim regarding future deferments?

    Also, could you explain what the costs risk is (I thought an individual claimant's costs were capped in the small claims court)?

    Sorry for all the questions :o but hopefully it will be helpful to others considering court action against Erudio.
  • I called Erudio today (yes I know I shouldn't!) to check when I last made a payment. It was December 2007, so I informed them to make a note on the system that it's statute barred and that I shouldn't be contacted again. I said I'd confirm it all in writing.

    I also checked all the CRA's and theres no CCJ's, defaults or any other record of it.
  • Pluthero
    Pluthero Posts: 222 Forumite
    100 Posts
    spacemanc wrote: »
    I called Erudio today (yes I know I shouldn't!) to check when I last made a payment. It was December 2007, so I informed them to make a note on the system that it's statute barred and that I shouldn't be contacted again. I said I'd confirm it all in writing.

    I also checked all the CRA's and theres no CCJ's, defaults or any other record of it.


    HA!

    Well played sir !
  • If there's anyone else in a similar situation to me, then here's my letter to use as a template (which was itself taken from various templates):
    Thank you for your recent letter. Further enquires have confirmed that I last acknowledged this alleged debt in *******. The last payment to this debt was made over 6 years ago and since then I have not made any further payment to it. I do not intend to make any further payments.

    As this debt is statue barred, you cannot take court action unless you can provide evidence of payment or written contact from me within this period. This is stated in s5 Limitation Act 1980, and any court claim will be defended on this basis.

    If you have evidence that this debt isn’t statute barred then please send it to me within 21 days.

    The Financial Conduct Authority state in CONC 7.15 that a firm must not attempt to recover a statute barred debt where they haven’t been in contact with the customer during the relevant period. And that a firm must stop demanding payments to a statute barred debt where the customer has stated they won’t be paying it.

    Please confirm in writing that you won’t pursue me further for this debt and that this debt will not be passed to any third parties or agents.

    Yours faithfully
  • eroneo
    eroneo Posts: 77 Forumite
    edited 26 February 2015 at 10:54PM
    I suppose it might look unreasonable to pursue if the deferment has been granted so I understand the decision. I didn't even know you could claim costs in a county court?

    However, where does that leave the issues over the changes to data processing? The FPNs introduce extra rights for Erudio to gather data from any 3rd parties inc. CRAs and then process it in combination and pass to others. Even if they defer your client, their data remains unprotected until Erudio are forced to change their policies.

    I was hoping to see all the issues put before a judge but as you say, being no longer forced to sign the new DAF+FPN to defer means the unfair relationship may not apply to that issue any more.
  • I always doubted Erudio would let it go as far as a court case and on one level agree with a great deal that has already been said... Its certainly a win for this individual but yet another hollow victory for those of us still in a 'holding position'. I have very little faith the FOS will come good other than I will be able to prove to a court that I exhausted all avenues and dialogue with ESL before finally taking legal action.
    In terms of the sharing of data\cra there seems no doubt this issue is yet to be resolved as ESL are clear they believe they have every right with pre98 agreements to go ahead with or without a daf
    Paying for uni to get a job... just to get a job to pay for uni
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