ERUDIO student loans help

GinOClock

They start talking about MS loans around 16:20. They appear to claim that previous purchasers of MS loans have already done credit checks against borrowers - but that cannot be true if deferments were processed by SLC. More clarity is needed.

kern_debug

If Erudio consider me to be in arrears, is it still reasonable for me to complain to them that they haven't sent me a DAF for about 20 months? Is this enough for a FOS complaint, or could they just send me a DAF now to avoid a FOS complaint?

Brooker_Dave

Presumably they waited for things to die down a bit and have now moved on to turning the screws and the real profiteering?

plong979

They've replied back saying because I accepted the FOS decision it's legally binding and as I have continued to send unsigned DAF they have been unable to accept requests for deferment.

The letter also says "We will be passing your account to our preferred debt collection agency for collection of the balance in full, they will be in contact shortly and please direct any further correspondence to them."

BorderReiver14

Just remind us again what the FOS decision was?

plong979

BorderReiver14 wrote: »

Just remind us again what the FOS decision was?

That I use their DAF.

So I did fill out their DAF but I signed the SLC DAF as that's the original T&Cs and attached that to their form along with my P45 as I had left employment.

Even with that ongoing I have sent evidence every year before my deferment deadline.

Lingua

As something so important was buried so deeply in the T&Cs, could you not argue the contract to be void? I don't know the particulars, but I'm sure that's something in the law? As in, if they had put something like "and you will give us your house for £1" in the T&Cs it would not be binding. After all, they have no need for that information or to pass it on, and it bears no relationship to the loan itself.


Lingua

Brooker_Dave

plong979 wrote: »

They've replied back saying because I accepted the FOS decision it's legally binding and as I have continued to send unsigned DAF they have been unable to accept requests for deferment.

FOS decisions do not over-rule contract law, ask them to prove otherwise.

plong979 wrote: »

The letter also says "We will be passing your account to our preferred debt collection agency for collection of the balance in full, they will be in contact shortly and please direct any further correspondence to them."

When, I assume Capquest, contacts you, explain that it is a student loan, and that you would like to defer it as the law and your contract allows, ask Capquest for the relevent form to allow you to do so.

Also ask for a valid CCA/Deed of Assignment to show proof of ownership or the alleged debt.

Brooker_Dave

Lingua wrote: »

As something so important was buried so deeply in the T&Cs, could you not argue the contract to be void? I don't know the particulars, but I'm sure that's something in the law? As in, if they had put something like "and you will give us your house for £1" in the T&Cs it would not be binding. After all, they have no need for that information or to pass it on, and it bears no relationship to the loan itself.


Lingua

No need for that, just demand that Carval/Erudio stick to the original terms of the agreement.

Banksters

I noticed during the week that class action cases are now possible in the UK via new consumer rights legislation. Mastercard are being sued under such an action. We have the Consumer Credit Act golden goose as our path I think.

I've been away, but have kept up with things, and noticed many people are willing to take part in a class action. I'm happy to take part in a class action on misrepresentation over the CRA issue. There's of course other issues too. Unfair treatment etc.

We need to find a firm who will take Erudio on. I am fed up of how unfairly people have been treated by them and the government.

I will contact a firm next week and ask if they can do it. If anyone else has some contacts who could carry out a class action, please post info.

Keep fighting these shitbags!