ERUDIO student loans help

Jill18

Has anyone actually received a form yet? I still haven't. I did get a pathetic letter response to my complaint however. They admit an "error" in sending out letters this year (no explanation) but tried to say that they sent out on time to me last year. Well yeah they put a backdated date on it which was just exactly 8 weeks before deferment end but I didn't actually receive it until 2 weeks later, after I had emailed them. Complaint sent off to FOS today.
I have an email copy of deferment form from last year so I think I'll just send that rather than waiting for them to send me one or have they made more changes to the form and likely to return it to me?

erudioed

I havent either yet Jill.
Not strongly related but last nights Dispatches just focused almost exclusively on Capita and going behind the scenes into how it trains people to give the PIP disability test. The highlight was some cockney wideboy put in charge of assessing people with disabilities, and raking in the cash for doing as many tests as possible as quickly as possible. And not forgetting the DWPs staunch defense of the whole system. The Government and Capita, hand in hand.

FuriousFeline

I received two last week- one dated April 1st (received April 6th), the other dated March 25th (received April 8th). Despite having sent forms out late, Screwdio have not sent me a letter with a new deferment end date on it, meaning that there are now only a few weeks until my current deferment period ends. I doubt that they will approve my DAF in time, so they will no doubt immediately demand money, which I just don't have!

erudioed

I sent a load of tweets to labour MPs earlier today with a link to the guardian article, and no surprises, just like before, no one replied in any way.

FuriousFeline

Is John McDonnell not interested then? What about Angela Eagle? As the Shadow Secretary of State for Business, Information and Skills, she ought to be interested in this matter.

Banksters

Just for clarity, "Without Prejudice" is another way to say you are reserving or not waiving any other rights you may have in the matter.

It came to my attention that Erudio had stated that they would share our data outside the EU. There is nothing in the Education Student Loans 1990 or 1998 Acts about that. Nothing in the original agreements either. I don't think they have a leg to stand on. They stated in parts of their Welcome Pack etc, that they may share data outside the EU. This may also have Data Protection Act implications. Anthony would have a good idea over that. Please advise Anthony.

Please take out 10 minutes of your time and send them a copy of this, or your own variation of the letter. I thought I may as well share these letters, as it takes a while to write them. The more people that complain, the better. I would be grateful if people could put up brief details of successful FOS complaints too.

Send recorded post. Or by email if you want. Post is better.

TEMPLATE:

"To Erudio

Dear Sir

Breach of Contract / Formal Complaint

I write to make a formal complaint about your company potentially sharing my data outside of the EU. I write to claim breach of contract over this. You can remedy this by going to court to prove that you have the right to share my data outside of the EU. Or alternatively you can pay me compensation and / or write off any ot the loans you are alleging that I have with you.

Your intimation that my data will be shared outside of the EU also is in breach of the recent European Court “Safe Harbour” ruling.

As the loans may also end up, or already be, in some kind of financial securitised product, for example, a credit / loan backed security, this would also likely be illegal.

Any notion that data would be shared outside the EU or indeed the United Kingdom, during the life of the loans would be a breach of contract and a misrepresentation of the original contract. Every student who took the loans would have likely been of the opinion, that the Student Loans Company Ltd, was a department of the UK government, and the students would never have entertained the possibility that their data may end up abroad.

I must warn you, that if your response is not favourable to me, that I will proceed with further claims for compensation and possibly legal action over a myriad of other illegalities yourselves have carried out over the administration of these loans.

If you had only acted fairly and with respect to people, things would not have ended up like this.

Without Prejudice




YOUR NAME"

anna2007

FuriousFeline wrote: »

Is John McDonnell not interested then? What about Angela Eagle? As the Shadow Secretary of State for Business, Information and Skills, she ought to be interested in this matter.

Or go straight to the top? Jeremy emails me quite often, asking if I'd like to ask Dodgy Dave anything at PMQs, something like:
"Anna from Bonny Scotland asks 'See that DCA setup Erudio...'"

I'll email Jeremy a copy of the ICO decision notice/tribunal appeal on the S&P agreement, my SNP MP and the Scottish Government are getting a copy too. Politicians are always looking for opportunities to stick the boot in to their opponents, they'd be daft to pass on the Erudio disaster.

AReeves

"Without prejudice" communications are not another way to say you are reserving or not waiving any other rights you may have. See my earlier post as to the correct use of the term. For a good definition, read Blackstones Civil Practice at page 916 of the 2016 Edition. Blackstones is what I use in private practice a lot.
Anyway, as to the other matters, I will have a further look at Data Protection when I get a moment. Data Protexction has been a clear aspect of the DAF issue.

Banksters wrote: »

Just for clarity, "Without Prejudice" is another way to say you are reserving or not waiving any other rights you may have in the matter.

It came to my attention that Erudio had stated that they would share our data outside the EU. There is nothing in the Education Student Loans 1990 or 1998 Acts about that. Nothing in the original agreements either. I don't think they have a leg to stand on. They stated in parts of their Welcome Pack etc, that they may share data outside the EU. This may also have Data Protection Act implications. Anthony would have a good idea over that. Please advise Anthony.

Please take out 10 minutes of your time and send them a copy of this, or your own variation of the letter. I thought I may as well share these letters, as it takes a while to write them. The more people that complain, the better. I would be grateful if people could put up brief details of successful FOS complaints too.

Send recorded post. Or by email if you want. Post is better.

TEMPLATE:

"To Erudio

Dear Sir

Breach of Contract / Formal Complaint

I write to make a formal complaint about your company potentially sharing my data outside of the EU. I write to claim breach of contract over this. You can remedy this by going to court to prove that you have the right to share my data outside of the EU. Or alternatively you can pay me compensation and / or write off any ot the loans you are alleging that I have with you.

Your intimation that my data will be shared outside of the EU also is in breach of the recent European Court “Safe Harbour” ruling.

As the loans may also end up, or already be, in some kind of financial securitised product, for example, a credit / loan backed security, this would also likely be illegal.

Any notion that data would be shared outside the EU or indeed the United Kingdom, during the life of the loans would be a breach of contract and a misrepresentation of the original contract. Every student who took the loans would have likely been of the opinion, that the Student Loans Company Ltd, was a department of the UK government, and the students would never have entertained the possibility that their data may end up abroad.

I must warn you, that if your response is not favourable to me, that I will proceed with further claims for compensation and possibly legal action over a myriad of other illegalities yourselves have carried out over the administration of these loans.

If you had only acted fairly and with respect to people, things would not have ended up like this.

Without Prejudice




YOUR NAME"

erudioed

anna2007 wrote: »

Or go straight to the top? Jeremy emails me quite often, asking if I'd like to ask Dodgy Dave anything at PMQs, something like:
"Anna from Bonny Scotland asks 'See that DCA setup Erudio...'"

I'll email Jeremy a copy of the ICO decision notice/tribunal appeal on the S&P agreement, my SNP MP and the Scottish Government are getting a copy too. Politicians are always looking for opportunities to stick the boot in to their opponents, they'd be daft to pass on the Erudio disaster.

Considering how little we have had to reach out to get some focus on this whole issue (and it may seem like a lot sometimes), if 20 or 30 of us peppered MPs on social media and with such evidence that you have collected, i think we would have much more attention on our issues. Getting 3 or 4 tweets from us doesnt achieve much, but multiply that a few times and MPs and the like would start to pay much more attention because they would consider it to have more public interest. Less that 10 of us complained about the DAFs, that i saw anyway, and we have 2 stories, and now the admittance that there were more than 7000. Imagine if we all reached out at the same time, it wouldnt take many to cause a stir. These people who use social media know that such a small fraction of people actually check the net for a problem, and even less actually post, so if just 20 or 30 people did it, we would definitely raise awareness significantly. Ive tweeted BIS about 3 or 4 times this last week asking them what they are going to do about Erudio breaking the S&P agreement for DAFs and if they will do anything about it. No reply rather unsurprisingly. Just me doing that will probably just flag me as someone with a beef or a nutter, but if many more did it, i think they would take more notice. Sometimes i just wish everyone who followed my account or who follows the Erudio debacle with social media accounts anywhere would weigh in and retweet or like or whatever such platforms allow, just to show it isnt just one or 2 people that something affects. If i had 160 odd retweets or likes on some tweets, it think that would make the target of those tweets take more notice than just one or 2 people associating with a particular beef. It would show many people have an interest. And if 1% or little more interact on these platforms, each tweet, like or retweet would be multiplied many fold. The DAF issue: 10 or so people complaining equalled 7000+ people with the same problem!

erudioed

AReeves wrote: »

"Without prejudice" communications are not another way to say you are reserving or not waiving any other rights you may have. See my earlier post as to the correct use of the term. For a good definition, read Blackstones Civil Practice at page 916 of the 2016 Edition. Blackstones is what I use in private practice a lot.
Anyway, as to the other matters, I will have a further look at Data Protection when I get a moment. Data Protexction has been a clear aspect of the DAF issue.

Anthony, concerning data protection have a look at this as well, it is Arrow Global's data sharing commercial arm operated on experian's platform, which i assume means our data that we originally provided to the government. Its changed names but is the same thing. Type in "experian proprietary collections network arrow global" to google andyou will see this link (on my google search it is the 3rd result down), which is a pdf file explaining what it is:
Experian FAQs - Arrow Global

www.arrowglobal.net/lib/docs/133657-experian-and-arrow-faqs.pdf


Experian FAQs. Experian Collections Network .... 2.1.2 Why did Arrow Global become the pilot Sponsor Creditor? ........................................ 6. 2.1.3 What contracts ...:

and heres arrows gumpf on its website:
http://www.arrowglobal.net/aboutus/proprietarycollectionsbureau.aspx




Actually, the pdf file states this:
2.1.9 Why are IPs important to the system?
IP data is publicly available however PCB offers enhanced matching to otherwise challenging to use public sources.
IP data is also important because the Experian matching technology is an effective verification tool when partnered with PCB data to verify insolvencies.

I dont understand what this means, and this pdf is for the pilot test of this programme, but if it means collecting our IP data is important, then maybe this is one of the reasons why they are nudging us to use the online portal.

And then this:
3.1.2 From where do debt collection agencies (DCAs) get customer consent?
There are two distinct sources of customer consent:
The fair obtaining clause in the original credit agreement between creditor and consumer; and Creditor consent.
The Information Commissioner’s Office (ICO) reviewed this consent issue and has determined that the fair obtaining clause is adequate from a data protection point of view.

And then this:
3.1.5 Why are the fair obtaining clauses important?
The fair obtaining clause represents the original consent in the original agreement between a creditor and its consumer, assignable to parties with legitimate business interests. Consent cascades from the original creditor through to all other subsequent owners of the debt that the consumer’s information can be made available and used for the purposes of trace and collections.

Anyway, you get the point, check out the pdf and see if you can understand it, and its implications, better than me.