ERUDIO student loans help

fermi

I can't see any practical way to force them to accept a modified DAF or letter. Short of a court, regulator, or ombudsman ordering them to. Two of which are sticking their fingers in their ears on the issue.

ericctheking

Tommygunn wrote: »

Going to court simply is not practicable at present, financially and geographically.

By geographically, I take it you mean you live overseas? If that is the case then they can't even take you to court as you aren't a UK resident. It appears they have your overseas address so they can't send papers to another UK address. It is up to you but if you have emigrated then there are better things to worry about than Erudio!

BorderReiver14

Tommygunn wrote: »

I received my complaint refusal letter the other day and, as mentioned earlier, my complaint has been rejected on the grounds that the DAF needs to be signed in an original, unmodified form blah blah.

So what to do?

I have 17 days left to run on my 3 months of overun from when my deferment ended (14th July to 14th October).

I have made a complaint to the FOS, but that will take up to 90 days or something.

Going to court simply is not practicable at present, financially and geographically.

It feels like I will have to be a surrender monkey and sign their damn DAF form, which, of course, I do not want to do.

Any final ideas before I have to put pen to paper?

Tom.

You have met all the requirements for deferment and they are refusing you your rights. You know they have your application and all is correct. You provided a signature to verify your evidence. They shouldn't need it to consent to rights they believe they already have.
Personally, I would just sit back and consider myself deferred. Let them be the ones to take you to court if they think you are not meeting the requirements. They only want your signature as a back up to say you consented to new terms and conditions. As Fermi says, legally they are in the wrong and they ain't got a leg to stand on.

Brooker_Dave

Tommygunn wrote: »

I received my complaint refusal letter the other day and, as mentioned earlier, my complaint has been rejected on the grounds that the DAF needs to be signed in an original, unmodified form blah blah.

So what to do?

You have done what you needed to do under the agreement.

Given Anthony Reeves has reappeared it may be worth ringing him to put your mind at rest.

If they take you court they will lose, you can site their admissions to the FOS in other complaints.

This is how they work, as agreed with the BIS, they bully people who have no need to pay anything to cough up.

See greed.

Pluthero

fermi wrote: »

I can't see any practical way to force them to accept a modified DAF or letter. Short of a court, regulator, or ombudsman ordering them to. Two of which are sticking their fingers in their ears on the issue.

Sticking their fingers in their eyes as well and up their noses.

Surely the sell off agreement with BIS/GOVT should work both ways? Can we deferrers not use materially different procedures to defer?

ericctheking

Question.

Clearly the situation is Erudio are breaking the agreement by refusing to defer people who are under the threshold. However, this needs to go to court to be enforced.
Now, for example Erudio refuse to defer you because you won't sign the DAF and then claim arrears and you don't pay, Can they default you?
It is clear deferred loans can not be reported to CRAs yet the terms and conditions allow defaulted loans to be deferred?
So technically can Erudio register defaults?

Lungboy

As soon as you default they could, in theory, recall the entire outstanding balance. I guess they'd then sell it on to another DCA and wash their hands of it, having pocketed a tidy sum.

BorderReiver14

ericctheking wrote: »

Question.

Clearly the situation is Erudio are breaking the agreement by refusing to defer people who are under the threshold. However, this needs to go to court to be enforced.
Now, for example Erudio refuse to defer you because you won't sign the DAF and then claim arrears and you don't pay, Can they default you?
It is clear deferred loans can not be reported to CRAs yet the terms and conditions allow defaulted loans to be deferred?
So technically can Erudio register defaults?

They are certainly not shy about sticking people in arrears (far quicker than working out interest on statements at any rate) but I am positive they would think twice about defaulting you because it risks and forces both parties to court and that is not something they want... no matter what they say publicly. They want to take cases to the edge before backing down at the last moment in the hope that the borrower blinks first...
They have refused to process my deferment and I am now several months in arrears but as I have met my obligations the usual bs of 'we are only allowed to backdate 3 months' just doesn't wash.
The only time they would go ahead and default someone is if the evidence is clear that the borrower did not meet their obligations. As lungboy eluded to, they may just call in the whole loan. There is just such a case for some poor soul several pages back in this thread. Sadly she did not apply for deferment having recently given birth.

fermi

BorderReiver14 wrote: »

They have refused to process my deferment and I am now several months in arrears but as I have met my obligations the usual bs of 'we are only allowed to backdate 3 months' just doesn't wash.

The sale agreement with BIS makes it very clear that they can backdate more than the 3 months if they wish, so they are lying if they are saying they are 'not allowed' to.

GinOClock

There is a SLC FOI asking for their comments on the Erudio DAF. It should be interesting to read what SLC's view of it was.

https://www.whatdotheyknow.com/request/erudio_student_loans_and_dafs_2