ERUDIO student loans help

fermi

plong979 wrote: »

Well I should be moving by the end of this year so I can simply not update my address.

The Civil Procedure Rules allow County Court Claim Forms for a CCJ, and other court documents, to be served/sent to your

'Usual or last known residence.'

So moving without telling them your new address would not prevent them starting CCJ proceeding against you, and if they did it would just guarantee that they would be able to get a judgement by default without you defending it.

May sound unlikely or that this may not matter, but it certainly can happen and can matter a lot, especially if via CRAs or other methods they manage to trace you.

On the DFW board its a reasonably regular thing for people to find out that they have a CCJ against them at an old address, which the DCA/credit then traces you to your new address and starts enforcement proceedings against you there.

Again, Arrow are a debt collector that crops up fairly frequently having done that, sometimes with the first people know of it when an attachment of earnings order statement of means hearing, or order to attend court to provide information, is delivered by a court officer/bailiff.

Again, may never happen in your case, but it certainly does for some.

plong979

So I'm just f***ed. What a world. Don't need this stress in my life anymore.

fermi

No, I'm just letting you know that if you choose to ignore it hoping it will become statute barred, you are taking a gamble that Arrow/Erudio or whoever will not try to enforce the loans via the courts, and if they did that you would be able to defend and win against them.

It could be a gamble that pays off. Who knows?

Only Arrow etc know their true intentions/plans and if that includes eventual court action for undeferred non-payers.

It may, or it may not.

Honours Student Loans (another Wilmington trust one) who bought past batches of student loans have tried court against some, although I think not a huge number in relative terms.

Brooker_Dave

plong979 wrote: »

So I'm just f***ed. What a world. Don't need this stress in my life anymore.

Not at all.

You have done all you need to do under the agreement you signed.

Erudio/Carval are trying to alter the terms and in doing so are in breach of contract.

If they took you to court (big if), the judge would laugh at them.

As things stand *you* have complied with the terms of your agreement, Carval Investors are trying to scare you into paying them money you do not owe them.

How would they convince a court that it's fair and reasonable that the original terms are ignored and you should be forced to pay up?

This is how Carval roll, they buy up zombie loans and then use other parasites to lean on the customers to make them cough up. Only with these loans the terms are unusual and give the loan holders rights that Carval/Arrow/Mark Filer seem very keen for you sign away.

Brooker_Dave

plong979 wrote: »

Well I should be moving by the end of this year so I can simply not update my address.

You need to write to Mark Filer at the London address with details of your new address.

You could of course decide to use a PO Box or a mail forwarding address.

No point writing to the parasites in Rotherham or PO Box whatever in Guildford, your contract is with Erudio Ltd London.

You need to ensure you send your letter recorded delivery, and keep the receipt somewhere safe.

If you stick to your terms of the agreement, them they will have very little ammunition to fight you with.

BorderReiver14

agreed... if you want to gift them a chance to swipe your money then go for it. As frustrating as it is, filling out an amended DAF or using your own bespoke letter with evidence once a year is all you have to do. They may not accept it but that is their hard beef. They'll never risk court unless you give them ample grounds to do so.

plong979

Yeah I know, just having the yearly rant innit. Just really annoyed that we never got offered a chance to pay them off at the price they sold them for. Just really stinks.

This the london address?

Erudio Student Loans Limited is registered in England and Wales with company number 8605918. Its registered office is c/o Wilmington Trust Sp Services (London) Limited, Third Floor, 1 King’s Arms Yard, London, EC2R 7AF.

I'll just send them my deferment letter and evidence via recorded delivery like I have done the past few years so I'm covered. Actually I'll send a copy to their dodgy PO BOX and London address. Double covered.

erudioed

It makes no sense at all, especially as Erudio inadvertently admits all the original forms were dated well into the 8 weeks and sticks to its original lie, but a new article on DAFgate has just gone up: http://www.moneysavingexpert.com/news/loans/2016/04/erudio-to-contact-graduates-over-new-deferment-deadlines?_ga=1.80805396.2037131517.1458493554

Banksters

Plong

I put up a "Claim of Right" template letter for deferring that may help. Anthony Reeves also promised to send people a free template if they contact him. The Claim of Right letter is a good few pages back.

You could add in that "if they do not accept your claim, you will charge them, the amount they allege you owe, plus 10%". Then you could take them to small claims court for the 10% if they do not defer you.

Cheers

Banksters

Here is copy of Claim of Right letter:

Dear Sir / Madam

I write to CLAIM MY RIGHT to Deferment of my Student Loans, under the Education Student Loans Act 1990/1998.

This is to confirm that I my monthly income is currently below £_____, and that I wish to defer payment of my student loans. My monthly income has been below the threshold for all recent periods that are applicable to deferment. So, I am entitled to deferment.

I have enclosed proof on income.

If you do not accept my CLAIM OF RIGHT, I will likely claim damages from you.

If you do not accept my CLAIM OF RIGHT, you will also not be carrying out your legal obligations for the administration of the loans, and will also be in breach of the Consumer Credit Act 1974..

Please also note, if you write to tell me that I must fill in one of your Deferment Application Forms to defer, then you will be also misrepresenting the situation. I will charge your company whatever you allege I owe you, plus 10%, if you send me a letter, saying I must use your DAF.

This CLAIM OF RIGHT for deferment is also made under DURESS and PROTEST as your company, and the Student Loans Company Ltd, has been party to covering up Consumer Credit Act, and other illegalities, that you have tried to hide from thousands of borrowers.

I look forward to hearing from you.

WITHOUT PREJUDICE




YOUR NAME