ERUDIO student loans help

Forever

I've just come here to let off some steam, because it hasn't taken long for Erudio to start messing me about with my second deferment application :mad:

I sent them a tax return for the last tax year ie. April 2014, but they have sent me a letter back asking for my most recent tax return! How can I send them one for April 2015 when we are still in the current tax year? What a joke!

On top of that, they want interest certificates from my savings account - but the interest I earn on savings is all listed in my tax return anyway. So this is a waste of time too.

So, I've just lodged a new complaint with Erudio. It looks like I'm about to start the whole merry-go-round again.

dizzybuff

Letter fron erudio regarding compensation will be in my bank within give working days. That's a bit hard considering they don't have my bank account details anymore. If they have I will be asking them why they have stored them. I make payments by phone monthly and they should not be storing the details after payment is made.

anna2007

A potential avenue for taking the SLC/BIS to task over the assignment of our loans to Erudio - unfortunately it involves complaining to the FCA, who we all know are busy 'monitoring' any complaints so far, but it has to be worth a try.

It's only for those who took out their loans from 1 July 1995, as it's a complaint under the Unfair Terms in Consumer Contracts Regulations 1999 (but effective from when the EU Directive came into force). The FCA are responsible for enforcing the UTCCRs for firms regulated by them, which includes the SLC.

The FCA says on its website:

Other unfair terms:

allow the firm to transfer its consumer obligations to a third party without the consumer's consent.

http://www.fca.org.uk/firms/being-regulated/unfair-contracts/examples-unfair-terms

The previous regulator OFT goes into more detail in its Unfair Contract Terms guidance, see page 66 here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Group 16: Supplier's right to assign without consent – paragraph 1(p) of Schedule 2

Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:

(p) giving the seller or supplier the possibility of transferring his rights and obligations under the contract, where this may serve to reduce the guarantees for the consumer, without the latter's agreement.

16.1 If a supplier sells ('assigns') his business, consumers will find themselves dealing with someone else if the contract is a continuing one (like an insurance contract) or, when it is for a single transaction, if any problem arises with the goods or services supplied to them. Their legal position should be unaffected by the 'assignment'. A term is unlikely to be fair if it allows the supplier to sell on to someone else who offers a poorer service.

16.2 The last three words of the quotation above point to one solution – for the consumer to be consulted and assignment to be permitted only if he or she consents. Where services are being provided, and payment is being made, on a continuing basis (as, for example, with membership of a club) a more practicable approach may be for the consumer to have a penalty-free right of exit if he objects to an assignment. Alternatively, an assignment clause may be considered fair if it allows the supplier to assign only in circumstances which ensure that the consumer's rights under the contract will not be prejudiced.

16.3 Note that Schedule 2 mentions only suppliers' rights to assign. Terms which deprive the consumer of the right to assign are therefore dealt with separately in Part III, Group 18(d).

16.4 Group 16 of Annexe A illustrates one relevant term.

Example term from Annexe A is on page 104 here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/332719/oft311-annexes.pdf.

Original term
The Company shall be entitled to assign this agreement either in whole or in part. The Customer shall not assign, re-sell, transfer or sub-lease the Services or his/her rights under these terms and conditions.

Action taken
Term deleted.

My own loans were taken out before 1 July 1995, so I can't make a complaint myself, but for those whose agreements were taken out since then, you can report an unfair contract term to the FCA here:

http://www.fca.org.uk/firms/being-regulated/unfair-contracts/reporting-uct-form

We already know how the FCA works, so the more people who fill out the complaint form, the better. The wording of the assignment clauses:

Pre-98 agreement

6. Transfer of Rights and Duties

6.1 We shall have the right to assign or transfer all or any of our rights and duties under this Agreement to any person without your consent.

6.2 You shall have no right to assign or transfer any of your rights or duties under this Agreement.

Post-98 agreement

9. Transfer of rights and duties.

9.1 We may transfer to any other person any or all of our rights and duties arising under, or in connection with, this Agreement at any time without your consent but your rights under this Agreement and under the Consumer Credit Act 1974 will not be affected.

9.2 As some of the terms of this Agreement depend on your personal circumstances in the future, you may not assign or transfer any of your rights or duties under this Agreement.

basictonal

Hi there

Quick question on repaying and deferring:

If i start to pay back my loan starting in May 2015 as i am slightly over the yearly threshold of £26727 - but come 1st sept 2015 if the threshold rises to say £27300 for example (i.e. ABOVE my pay) - can i apply to defer on 1st sept or am i obliged to pay the loan back until may 2016 when the deferment letters will be sent out again?

thanks!
david

fermi

Yes if you are paying back you can request deferment forms and apply at any time of year you choose. You don't have to wait a year.

anna2007

@ basictonal As soon as you can show your gross income in the "relevant month" is below the threshold, you can apply for deferment.

The relevant month is the month before you apply, so in your case you would have to apply in October, and September would be your relevant month, as it's the first month you'd be below the threshold.

Edit: Or what fermi said!

Sarebear78

Hi all,

Just wondering how/whether people are changing the Erudio DAF this year. I haven't received mine yet (but probably will have to use the one Anna2007 posted - thanks ) and have emailed to ask when it will or if it has been sent out and can they email me one (ha!). I will expect a reply in a very long time - if ever.

I amended the last DAF and filled it in and was planning on doing the same as last time. I was thinking of taking out part e of 9. Certificate and Warranty. I don't agree to consenting to how they use my data when it is not written on the form but on a ever-changing website. (Probably going to put in another complaint about this too!).

I am just going to get rid of this and put in its place: "As, previously, I do not consent to any changes to my original terms and conditions."

Anyone else got any ideas on what they are doing?
Thanks

eroneo

anna2007 wrote: »

Thanks, I didn't know about this - do you have a link to more info, as I'd like to put it in my email to Experian's CEO?

My English is not always great but I will try to explain.

Assuming the legitimate interests condition does not apply...

You - the data subject (DS) have a contract with each lender where it is agreed with the DS's consent that the lender can make data available to other lenders via the CRA.

Each lender you have authorised to share data via the CRA is given your permission to do so but they must not share your data with just anyone - only those lenders you have authorised to see it.

The data held by the CRA is confidential and not available to unauthorised lenders.

If a lender who you have not made a contract with to authorise access to your CRA records carrys out an unauthorised credit check, then the unauthorised lender has obtained confidential data they are not supposed to. The lenders you have authorised have all allowed your private data to pass into the hands of an unauthorised organisation. - They are all in breach of their contract with you to share your data only with authorised lenders.

The CRA is at fault for allowing the unauthorised credit check but it is the responsibility of each lender who shares your data to keep it secure. You would have a claim for breach of confidentiality against each lender. The consent you gave to each lender to share data was subject to the data only being shared with other organisations you have also authorised. It could be possible to withdraw your consent for each lender to share data via the CRA because they are not safeguarding it the way they agreed originally when you gave permission.

Sorry if it's hard to follow. Any questions just ask..

Did you ask the CEO about Experian ECN collections network? Or other data sharing/selling they may intend to do?

erudioed

This is also the latest, without doubt, that i have been waiting for my DAF to arrive. 5-6 weeks left and counting. Has anyone actually had theirs yet?

eroneo

Thanks to Anna2007 for the pointer.

This is a very detailed guide on interpreting the legitimate interests condition:

http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp217_en.pdf