ERUDIO student loans help

BorderReiver14

They may use courts to chase those that can clearly be shown to break the rules of the agreement but would they really chance court if we have not used their DAF and are actively engaged in challenging their CRA position?

Pluthero

fermi wrote: »

Urgent advice required - CC CLaim form pre98 Honours student loans

Drydensfairfax taking me to court on behalf of honours student loans

Had a quick scan thru those threads. That seems to be the Honors/Erudio/Arrows DCA scheme in a nutshell: THREATEN all kinds of dire legal actions that stop just short of court. They were chasing a statute barred debt in one of them: ZERO chance of winning that one. The solicitors would have known they were on a losing case but most likely did not care as they will get paid for all the letters they send. The DCA model makes more than enough money using threats alone: no need to go to court.

Lungboy

I thought student loans were special and can't be statute barred.

Pluthero

Lungboy wrote: »

I thought student loans were special and can't be statute barred.

Not 100% sure about that if 6 years elapse with no contact? I think you mean you cant get rid of a student loan by going bankrupt; (UNLIKE the banking system in 2008:)

They are the herpes of Loans in that respect Very juicy for a DCA too:)

fermi

Student loans can be statute barred.

Only thing special about student loans regards being statute barred is that the new type can be deducted from pay, so they can forcibly take payment even when statute barred.

The old style ones Erudio/Honours can only be enforced via the courts if you refuse to pay, so if statute barred that could block that enforcement.

plong979

right acceptance response sent off. just need to wait for the fos to tell erudio i've accepted and then they'll be in touch asking me to sign the DAF. So once that happens i'll send of the SLC DAF and then see what happens.

anna2007

BorderReiver14 wrote: »

They may use courts to chase those that can clearly be shown to break the rules of the agreement but would they really chance court if we have not used their DAF and are actively engaged in challenging their CRA position?

If someone refuses to use the DAF and defers by letter, they haven't broken the agreement, it would be legal suicide for Erudio to take court action. Same goes for any situation where arrears have been invented by Erudio's tactics, and I'm sure is the reason Erudio hasn't used their right to recall the whole loan in these cases - that only applies when an account's genuinely in default.

If there's a genuine default, Erudio can call in the whole loan, scrap our right to loan cancellation, wreck our credit files and take us to court. I don't think it's a good idea to willingly default and refuse to pay a penny for anyone who's not deferred and liable for repayments - that's just gifting Erudio with what they want.

Is there any way to check previous court judgements? There's nothing comes up for Erudio in the Scottish Court Service's website, but that doesn't hold all judgements. Would it be worth an FOI request to the English and Scottish Court Service's, could check for HSL/Thesis too?

I guess that even if we knew there hadn't been any judgements, that doesn't mean Erudio can't or won't use the courts for genuine defaulters in future.

Jenefina78

Hi, first time post just wanted to join the queue for venting frustration/anger at studio! Been told today that even though my income is well below the threshold they are unable to process my application because I redacted my DOB and now have to refill in the entire form stating it, emailed back to ask what difference my age made to my application, waiting for an unhelpful reply!

anna2007

Jenefina78 wrote: »

Hi, first time post just wanted to join the queue for venting frustration/anger at studio! Been told today that even though my income is well below the threshold they are unable to process my application because I redacted my DOB and now have to refill in the entire form stating it, emailed back to ask what difference my age made to my application, waiting for an unhelpful reply!

Hi Jenefina78, looks like they're stalling your application. They'll have your DOB already, you could easily confirm that without completing all of their crappy form again.

Has anyone had their DAF declined recently, because of scoring out the CRA stuff? There's a couple of applications where Erudio have declined deferment on that alone, whereas I completely rehashed the declaration and got deferred quickly. Either Erudio is being selective (loan value/income?) or they've changed their procedure/policy since I was deferred in May.

Brooker_Dave

Perhaps with a change of Government they have extra confidence to be able to cheat their customers?