ERUDIO student loans help

BorderReiver14

erudioed wrote: »

...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 ... 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.

It would be interesting to have a more in-depth view direct from the ICO rather than DCA interpretations of what is 'adequate'. Not sure why I have so much distrust of ArrowGlobal\ESL interpretations!?!

Cascades my !!!!!! If that really were true why ask us to confirm that we consent to our information being shared with third parties each and every time we apply for deferment! Even SLC asked for this consent on each deferment application. On top of that, add in that consent should be 'informed' and 'specific' then the first part of that line is misinformation at best. The last part 'trace and collections' must only mean if the agreement has been broken and the 'consumer' has defaulted.

erudioed

I agree. I find this whole Proprietary Collections Bureau and what it does with data in what i would consider direct opposition to anything i have signed for a loan. I cant put my finger exactly on why but i do think its one of the things that could nail Arrow to the wall. If only we had the due diligence report, we would be able to see if BIS new about this part of Arrow's network (amongst other things), and if it did, how it considered the use of our data as a new revenue stream. I also assume that any extra consents we have been asked for concerning the sharing of data with Arrow's other parties, partly relates to our info be placed on this PCB network at Experian...however, we were never told what Arrow's third parties were from what i recall. If our data was to be shared on this PCB for other debt collectors to access for a fee, then i am sure our original SLC signatures didnt agree to it.

Former

My very first post on anything like this before!

I'm still waiting my deferment pack. I phoned last week and was told to expect it this week. I'm still waiting. I was told it would also be possible to email the form last week. I still don't have it. I'm getting quite concerned now.

anna2007

Here's a blank copy of the DAF, which I posted around this time last year, because of the exact same issue - Erudio failing to send out DAFs. Worked OK last year, but Erudio are saying they won't accept amended DAFs this year, so there's no guarantee that what was accepted last year will be this time around. They'd have no valid reason to refuse it on the basis that it's not the original DAF that they haven't bothered to send out to borrowers! The only difference is that the 'for office use only' box top right, contains the 16 digit customer reference number on the copy that they're required to send out 8 weeks before, so this would have to be written in on each page.

https://www.dropbox.com/s/a375v9uoleagf02/Erudio%20New%20DAF.pdf?dl=0

Something that bothers me about the unenforceable agreements thing - it's something that's easy enough to remedy by just sending a corrected statement (as they say they're doing for the non-compliant arrears notices). Sorting the annual statements would be more costly (to the taxpayer probably, through 'loan warranties' that BIS is keen to keep hidden from the public), but it's something that has to be done to make the agreements enforceable and Erudio are, um, clearly 'trying their best' to put things right, with the 'Remediation Programme'...

It could be a strategy to stop deferred borrowers applying for deferment, if borrowers think the agreements are unenforceable anyway, and are fed up with all of Erudio's tactics getting in the way of what should be a straightforward deferment? Seems a pretty crap strategy, as it ignores the fact that deferred borrowers have abided by the terms for many years and will want to continue to do that until loan cancellation, in spite of Erudio's tactics. If anything, all of Erudio's !!!!!! treatment should make everyone more determined to see it out, just send in your deferment application and evidence as usual each year... if Erudio says no, there's not a thing they can do about us abiding by the terms, other than their usual empty threats and lies.

Brooker_Dave

anna2007 wrote: »

Something that bothers me about the unenforceable agreements thing - it's something that's easy enough to remedy by just sending a corrected statement (as they say they're doing for the non-compliant arrears notices). Sorting the annual statements would be more costly (to the taxpayer probably, through 'loan warranties' that BIS is keen to keep hidden from the public), but it's something that has to be done to make the agreements enforceable and Erudio are, um, clearly 'trying their best' to put things right, with the 'Remediation Programme'...

There's either something fundamentally wrong with the loans which makes them worthless - hence the smoke and mirrors, you would think it would be an easy task to sort out otherwise.

Or, Carval have realised the loans getting close to write off, and have decided to take that away by pretending everyone has not stuck to the terms, why else not send out the forms and make it so hard?

Given the fuss over the Panama Papers, the BIS really needs to explain why it sold the loans at such a massive discount to a pretend charity headed by a man with hundreds of directorships with another LTD Co as the other director. Clearly as a ruse to funnel the collected funds straight to Guernsey and Delaware.

Has anyone contacted Private Eye?

BaffledByErudio

Getting VERY concerned now.
Fast approaching three weeks until my deferment ends and I am still yet to receive a deferment application form.
I've spoken to Erudio and they've assured me (over a week ago) that one has been sent out.
No apology. No confirmation my end date has been pushed back.
Just what IS their problem this year? They're really trying it on! I'll end up cancelling the DD on my account because I can't afford a payment!

FuriousFeline

I wouldn't be surprised if Screwdio doesn't get the deferments approved in time, then announces that people are 'in arrears' if they don't pay them immediately. However, if Screwdio announces we have to start paying them and we don't pay them, what could they realistically do, other than bombard us with letters and/or phone calls telling us we 'owe them money?!' They're the ones who have messed up by sending DAFs out late, so surely they wouldn't have any credibility if they tried to take things further (ie by taking people to court or sending in bailiffs). They haven't behaved correctly, so presumably we can just ignore them even if they repeatedly contact us demanding repayment of the loans. Perhaps even the threat of putting a black mark on people's credit records is just a bluff from Screwdio?

BaffledByErudio

FuriousFeline wrote: »

I wouldn't be surprised if Screwdio doesn't get the deferments approved in time, then announces that people are 'in arrears' if they don't pay them immediately. However, if Screwdio announces we have to start paying them and we don't pay them, what could they realistically do, other than bombard us with letters and/or phone calls telling us we 'owe them money?!' They're the ones who have messed up by sending DAFs out late, so surely they wouldn't have any credibility if they tried to take things further (ie by taking people to court or sending in bailiffs). They haven't behaved correctly, so presumably we can just ignore them even if they repeatedly contact us demanding repayment of the loans. Perhaps even the threat of putting a black mark on people's credit records is just a bluff from Screwdio?

You know something? I'm genuinely starting to believe they don't actually care and want to remain an irritant to such a degree a lot of us will just start paying, despite our low salaries.
I mean, look at this way. It's patently obvious they do the following: Tell you one thing on the phone and write to you saying the opposite. Deny they've said something in one correspondence and then admit they did in another. Apologise for problems you haven't complained about and not for ones you have. They tell the press they're resolving problems when they're clearly not. They underestimate the amount of customers they've inconvenienced. They write to you about issues you've raised months ago and ignore recent problems, or vice versa.
And they seemingly have carte blanche to do all this, because those who are supposed to fight our corner/ oversee their tactics) (FOS and BIS) predominantly rule in their favour/ turn a blind eye.
The only real way to fight Erudio is costly legal action and because obviously (as deferrers) we basically don't have 10p to scratch our 'arris, they KNOW they can keep wheeling out the smoke and mirrors without hinderance. Classic DCA protocol!
Sometimes I genuinely feel like giving up!

anna2007

Anyone who hasn't received a DAF has reasonable grounds to make an application to defer by letter, with evidence of income attached? It would be impossible for Erudio to reasonably refuse on the basis of a DAF not being used, when no DAF has been sent, borrowers are under no legal obligation to use one, they haven't met the 8 week requirement, and they can't prove to FOS or a court that a DAF was sent!

FuriousFeline

Well, they should know that I can be a stubborn mule when I want to be, and won't be coughing up even if a letter from them lands on the doormat every day! Unfortunately however some people will find their tactics too much to cope with and will probably just pay them (if they have any money spare, that is).