ERUDIO student loans help

anna2007

BorderReiver14 wrote: »

ESL can go to hell with their new DAF... There is nothing in law, regulations, legislation or indeed the scriptures that say you have to use one to get a deferment. As shown, when challenged with court they back down.

On the last page of the new DAF, Erudio are asking us to agree to terms/information on fair processing that are on their website, and in the How to Guide - these can be changed at any time by Erudio, and they expect us to agree to that.

I'd say we're even more justified in refusing to use this new DAF, and I hope as many of us as possible do that, but it's only for those who are prepared to take it to court (or at least threaten court action).

I have an idea of how I want to go about it, but want to run it by the in court solicitor at my local sheriff court first. If they think it's a good claim, we could get a template letter before action and Particulars of Claim posted on the forum, for everyone to use?

rizla_king

Cross it out and write on that you dont agree then. Make a copy so you can prove how you did that.

anna2007

Lungboy wrote: »

What happens with people like me whose loans straddle 98? My 1st loan was 97 and the rest were 98 onwards, so can Erudio report my 1st loan only, none of them or all of them?

My understanding is that only your 97 loan would be reported, as you'd be on the later agreement for the others, which will only be reported if you break the agreement. Makes sense, as the whole point of revising the disclosure clause was to comply with the new DPA 1998, so they could hardly continue with the old agreement with an old disclosure clause that didn't meet the requirements.

I was told it was March 1998 when the new agreement came into use, although there was a slight revision to that one later in 1998 (although I don't know what that revision was).

As JeLaw said though, none of the loans should be reported, certainly not as payment holidays, regardless of when they were taken out.

anna2007

rizla_king wrote: »

Cross it out and write on that you dont agree then. Make a copy so you can prove how you did that.

Tried that last year, and here we are going through the same crap this year.

The point of taking it to court is to get a court decision that the DAFs not a legal requirement - there's a better chance with this new form, as they're asking for agreement to terms that aren't even on the form and can be amended at any time by Erudio.

Hopefully get a decision on the CRA reporting too, might as well try if I'm going to court over the DAF.

rizla_king

Sorry. I was meaning for people who are not planning to go to court, but need to do something.

fermi

FPN from their site.

https://www.dropbox.com/s/govifks8mb42uat/094252-erudio-fair-processing-notice.pdf?dl=0

Pluthero

So erudio HIDE the FPN on their Website instead of on their NEW DAF.

LOL

How is this better for us?

You are right Rizlaking. MSE should not be giving this new DAF any legitimacy.

NO NEED for ANYONE TO USE THEIR DAF AT ALL.

Any chance of a MOD ? Helen from MSE commenting on this? Absolutely disgusting tactic and makes a mockery of the recent statement by HELEN ASHTON on the Erudio website about making deferment processes as straight forward as possible.

I guess a DCA can only ever act like a DCA. No amount of PR bluster can cover up the stench of all this.

Govt/BIS hang your heads in shame.

Sarebear78

anna2007 wrote: »

On the last page of the new DAF, Erudio are asking us to agree to terms/information on fair processing that are on their website, and in the How to Guide - these can be changed at any time by Erudio, and they expect us to agree to that.

Exactly what I was thinking! I think I am just going to do the same as I did last year - put in writing that I don't consent to changes in terms and conditions and cross out/remove anything that is irrelevant. I might make the same declaration as in previous years with SLC but as the FOS said I have to use the form I will but I am not signing up to any conditions on a website that can be altered (and is) on a whim!

Brooker_Dave

"What we may do with the information that we obtain from your deferment application:"

"b. Check details on applications you have made for credit and credit-related or other facilities with other lenders"

Mis-sold.

Brooker_Dave

The information we provide to CRAs about you may be supplied by CRAs to other organisations and used by them to:

a. Prevent crime, fraud and money laundering by, for example, checking details provided on applications for credit and credit-related or other facilities by you or your financial associate (1)

b. Make decisions on credit and credit-related services about you, your financial associate, other members of your household or your business. Student loans owned by Erudio Student Loans are not joint accounts, so we do not supply information that will create a financial association.

c. Check the operation of credit and credit-related accounts.

d. Verify your identity if you or your financial associate applies for other facilities

(1 A financial associate will be someone with whom you have a personal relationship that creates a joint financial unit in a similar way to a married couple. Financial associations are created when you apply for, or have, financial arrangements with another person and you are living at the same address at the time. It is not intended to include temporary arrangements such as students or rented flat sharers or business relationships)

So both our and our families credit files will be marked.