ERUDIO student loans help

dizzybuff

Well annual statement arrived .they are bloody incompetent. It's taken them 4 months to notice my standing order has not been paidone. Bank messed up. Now I'm in arrears !!!!!!. I'm fuming. I won't be able to deffer either as my benefits will take me over the threshold. Even though I've been overpaying.

dizzybuff

Well annual statement arrived .they are bloody incompetent. It's taken them 4 months to notice my standing order has not been paidone. Bank messed up. Now I'm in arrears !!!!!!. I'm fuming. I won't be able to deffer either as my benefits will take me over the threshold. Even though I've been overpaying.

erudioed

Erudio has posted this on its website:
07/09/2016
CRA Default Listing

From the beginning of September 2016, Erudio Student Loans will be writing to all customers whose accounts have defaulted to inform them that credit reference agencies (‘CRAs’) will be notified of the default in due course. These notifications are made in accordance with the terms of the loan and follow standard industry practice for responsible lenders.
This letter follows previous correspondence and attempted phone calls from Erudio to the customer now in default, over a period of many months, designed to inform them of their loan status and to work with them to try and find a repayment solution.
The default will be reported to CRAs after four weeks from the date of the letter. Accounts in deferment will not be notified to CRAs, only defaulted accounts, i.e. accounts where the full loan amount is now due and deferment is no longer available.
If you are a customer in default and you would like to contact us to discuss your position, then please call us on 0333 003 7188. Please also see the FAQ section of our website for further information.

plong979

erudioed wrote: »

Erudio has posted this on its website:
07/09/2016
CRA Default Listing

Fun never stops.

anna2007

Why is Arrow Global bothering to announce what should be standard and expected practice from a DCA - why is this "news"?

If Arrow Global/Capquest/Erudio are claiming you're in default and you're not (which includes refusing legitimate deferment requests), you can make a formal request under section 10 of the Data Protection Act to prevent CRA reporting:

http://www.legislation.gov.uk/ukpga/1998/29/section/10

ICO's guidance on section 10:

https://www.google.co.uk/url?sa=t&source=web&rct=j&url=https://ico.org.uk/media/1873/section_10_guidance_for_staff.pdf&ved=0ahUKEwjP8ISK8IXPAhXrK8AKHZ1oCwoQFggdMAE&usg=AFQjCNHUVylACMmLRmYJ8qvmKc_s34NGyA

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/damage-or-distress/

anna2007

Forgot the important point, Arrow Global/Erudio finally admit that deferred accounts will not be reported to CRAs. Why the fcuk not make that clear, instead of worrying/terrifying deferred borrowers for 2+ years about the impact on credit records?!

Also, if Arrow Global falsely claim default, you'll likely be entitled to substantial compensation for damage to your credit rating, which Arrow Global knows already. Which means their "news" article's either genuinely aimed at being helpful to defaulters,... hmm, or they're trying to spook genuine deferrers... that's just sad and a wee bit desperate.

Edit: Arrow Global say they're only reporting loans that have been recalled in full, not even the usual 'defaulted' accounts, so "accounts where the full loan amount is now due and deferment is no longer available". A defaulted account 3+ months in arrears is something very different to Arrow Global recalling the whole loan. Can't be many in that situation? Seems likely very few accounts have been recalled and are affected by this "news" - this is Arrow Global scaremongering with defaulters (who have nothing to be scared of, probably statute barred), this news has nothing to do with deferrers.

plong979

Well mines been recalled in full because they refused to accept my letter and evidence so probably effects me. So sick of this. This should not be happening. Government or even the opposition don't care. Only outcry that is reported is when the DAF isn't sent out and then nothing silence. But tbh I'm not surprised is the world we live in now.

So how do I proceed now? Do I complain to the ICO after i receive the new letter about them reporting my loan? Just saying how I shouldn't be reported as I have shown every year to be under the threshold etc.

BorderReiver14

I suspect you are in a strong position to challenge Erudio as you can prove you made a legal request in good time to defer your loans. You met your obligations and if they were crazy enough to try the CRA sh1te you would get ample compensation. I bet they won't want court action but it looks like that is the only option at present.

kern_debug

plong979 wrote: »

Well mines been recalled in full because they refused to accept my letter and evidence so probably effects me. So sick of this. This should not be happening...

(Un)fortunately, my latest deferment request was granted, so I'm not really in as good a position to sue Erudio for breach of contract, misrepresentation, distress, and costs. I was intending to use the small claims court, but I could afford to try, and even lose (in the unlikely event). I wouldn't have agreed to a non disclosure agreement either, as the public interest would have been enough of a reason for me (personally) to reject such blackmail. I wouldn't refuse to settle out of court, but non disclosure would not be appropriate.

I don't know all the details of your case plong, and I'm not a lawyer, but I'm guessing my crossed out and amended DAF was accepted (and arrears removed back to 2014) to avoid the court action which was implied by my previous letters and enquiries made to Erudio (&Co.). Could have been a coincidence though.

kern_debug

plong979 wrote: »

Any update from Edwood Woodwoods county court claim from a few months ago?

Also has anyone tried the Estoppel method? Might give it a go since nothing else has worked and the government don't give a damn.

You could message Edwood Woodwood and ask, I suppose.

I'm not fluent in legalese, but we were 'promised' that we would not need to make repayments while we were not earning enough. In my case I was(am) willing to go to court and say "see how I applied each year, showed my income, agreed to co-operate, tried hard to communicate, and suffered maladministration." However, if a British court found in favour of the corporate distortion, then I was happy to take it as a signal to move to somewhere less disgusting.

If "estoppel" won't cost you anything, then it might be worth a try. I wouldn't over extend myself when institutionalised and privileged opinion is too influential, but you can probably narrow down the things you are not sure about into a forty quid consultation with a solicitor. I've had a couple of free 'name and subject' sessions with solicitor (on a different subject).