ERUDIO student loans help

Brooker_Dave

patanne wrote: »

Would be interesting to know how many 'erudioaresh*t*' usernames have been rejected!

"taxhavenparasites"

BorderReiver14

erudioed wrote: »

I am also rather confused about whether they will actually be sending out DAFs as usual or if we have to request them?
"You can complete an online DAF by requesting your account details from one of our customer service representatives and then registering for the customer portal. Alternatively, if you have already requested a manual DAF, your account details will have been provided." (my underline)

I am guessing that only those who sign up to their online portal system will then have to request a manual DAF although they still by rights should inform you if your deferment period is about to end (8 weeks before but in reality knowing Erudio, possibly never).

The simple answer is to not use the portal at all. It would be handy to log on and check your account(s) with them but as you cannot trust their figures and interpretations of regulations not to mention their data gathering snooping activities then its probably worth leaving well alone.

I can see them using this as an excuse not to accept applications via email though. They'll just use a template reply directing you to sign up online if you don't want to use the post.

Its also possible that if you do fill in the form online using the portal and then click submit, it will do so but instead of doing what I suggested before (not allowing you to submit until mandatory fields are filled in - tick the box to say we can screw you) it will go through, they wait until your deferment deadline has passed and then contact you to say your deferment form was incomplete.

anna2007

erudioed wrote: »

I am also rather confused about whether they will actually be sending out DAFs as usual or if we have to request them?
"You can complete an online DAF by requesting your account details from one of our customer service representatives and then registering for the customer portal. Alternatively, if you have already requested a manual DAF, your account details will have been provided." (my underline)

There's a new post under the 'News' section of Erudio's website here, which says:

Customers will still be able to complete a paper Deferment Application Form (DAF) if that is their preference and Erudio will continue to contact customers eight weeks before their deferment period is due to end to ensure they have sufficient time to apply for deferment.

Whether they do what they say they'll do is another matter!

The online portal for DAF applications looks like a sneaky way of obtaining the consent to reporting Erudio are so desperate to obtain. The site's terms of use say that their privacy policy sets out the terms on which we process any personal data they collect from us, or that we provide to them, via their website/online portal. By using their site in this way, we would be agreeing to:

When providing you with services through the site or dealing with requests or instructions given by you through the site (including requests or instructions relating to loans), we may also need to obtain information about you from credit reference agencies or other sources of information. You authorise us to do this to the extent that we reasonably need to do so to provide these services or deal with your request or instructions.

Also, their usual blurb:

We may also disclose your personal information to the following third parties in the following circumstances:

to credit reference agencies (CRAs) where your account was opened before 1998 in accordance with the terms and conditions of the loan. Where your account was opened in or after 1998 then we may pass details of your loan to CRAs where (i) your account is in or has been in arrears with Erudio Student Loans or (ii) your account is in default or (iii) you have agreed that we may do this. Where your account is in deferral it will be treated in the same way as any other form of loan, which is in a payment holiday and will not be treated as a default; and

to third parties as necessary to verify your identity and the accuracy of the information that you provide to us.

On that second point, they have no legal right to verify income or any other information with "third parties" (whoever they might be), deferment has always been a process of the borrower self-certifying income, with supporting evidence of the amount declared.

Using coercion to obtain consent via the paper DAF clearly isn't working out as well as Erudio planned, so they hope to get it via the online customer portal and the privacy policy we'd be agreeing to. A kind offer, but I think I'll stick to snail mail by recorded delivery, backed up with an emailed copy (for my own benefit, not theirs, as extra proof the DAF's been sent/received).

ericctheking

Off topic a bit but looks like the student loans company is outsourcing it's call centre so current students' information will be handled by outside interests and may be they'll be messed around too. I wonder how these lot compare to Capita?

https://www.jobtrain.co.uk/Teleperformance5/displayjob.aspx?jobid=5030

anna2007

Just had a quick read through the new FAQs. Looking at the terms of use/privacy policy again, I would be very wary of even registering for the online portal, never mind submitting a DAF online. It's worded in such a way that you're consenting to the terms of use and privacy policy simply by submitting ANY personal information via the website, which you'd have to do to register.

I remember the website terms/privacy policy being discussed on here before, could have been more than a year ago? All of the stuff on consent to disclosure was already there - I was paranoid that the little cookie monsters could trace website use to an individual borrower, and they might claim consent had been given that way, someone reassured that wasn't the case. My point is, it now looks like this online portal was always part of Erudio's grand plan, that's reason enough to steer well clear.

Not sure if this part of the Privacy Policy has been mentioned already:

Please note that where you hold a student loan with us, the terms of that loan and the terms set out or referred to in any deferment form or other form that we may ask you to complete may include additional terms relating to the processing of personal information relating to them. Those terms will continue to apply to the information you submit using those forms or relating to your student loan in addition to the terms set out in this Privacy Policy.

Isn't this an admission that the terms relating to processing of personal info on the DAF (or other form they ask us to complete) are in addition to the (original) terms of the loan?

Pluthero

Not sure if this part of the Privacy Policy has been mentioned already:

“ Please note that where you hold a student loan with us, the terms of that loan and the terms set out or referred to in any deferment form or other form that we may ask you to complete may include additional terms relating to the processing of personal information relating to them. Those terms will continue to apply to the information you submit using those forms or relating to your student loan in addition to the terms set out in this Privacy Policy.
”
Isn't this an admission that the terms relating to processing of personal info on the DAF (or other form they ask us to complete) are in addition to the (original) terms of the loan?


In black and white no less. How nice of them to hoist themselves on their own petard! I interpret it thus:

They are admitting that additional terms are being added to the original agreement. They are not allowed to add/amend the original loan terms without your consent. It is Illegal under the CCA. The phrase 'we may ask you to complete' is a not correct. They are compelling the use of their DAF/online portal as the ONLY way to be deferred. They will not accept bespoke deferment letters or evidence. They are saying these new terms are part of 'any deferment form or other form that we may ask you to complete.' But its NOT MAY ASK is it? You complete them or you do not get deferred.

You are not being offered the choice to consent to these new terms as you cannot be deferred except by using their DAF or ONLINE portal. So its coercion into new terms. This proves the case for unfair contract terms/relationship under the CCA section 140 etc etc

Oh and well done to all who complained to the FOS. Only bad publicity will make this company act morally. Remember there are loads more juicy students loans for sale in the future so their backers/investors WILL be wanting a slice of them. Keep embarrassing the GOVT about the sale and complaining to the FOS FCA etc and maybe ERUDIO/ARROW/CARVAL etc will be too toxic to sell the next batch to.

BorderReiver14

...and do not forget their ultimate get out of jail free card. Their site under terms and conditions state several gems such as

We may revise these terms of use at any time by amending this page

The content on our site is provided for general information only and in order to facilitate the online management of your student loan. It is not intended to amount to advice on which you should rely and we have the right to change or withdraw it at any time.


We do not guarantee that our site or the materials ("Materials") will be free from errors or omissions. In particular you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

You agree to ensure that all information you provide to us is accurate and up to date... we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Why would anyone sign up to such open-ended skulduggery?

Brooker_Dave

"In particular you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site."

But anyone who did that would be told not to sign such one sided contract, and to stick with the original terms and conditions.

Surely Erudio's T&Cs make their chances of winning any court case that hinged upon someone not signing an impossible mission?

GinOClock

I would say the requirement to agree to new terms on the online portal would violate the condition that any consent must be "freely given" in terms of the European Data Protection Directive - if they are refusing to perform a deferment without it, then it cannot be "freely given" within the meaning of the Directive. Perhaps this would fall under the remit of the ICO?

I have been given another 'remedy of account' and waiver of interest etc as the notice of sums of arrears they sent me in December 2015 (while my case was with FOS) is incorrect. It would seem CCA remediation is still ongoing, although I cannot understand why.

Brooker_Dave

Because there is some reason the loans are unenforceable, and nobody has come up with a solution yet?