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ERUDIO student loans help

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  • Jonez
    Jonez Posts: 117 Forumite
    Has anyone yet tested whether not having a Direct Debit in place actually breaches the agreement, or is it just a ploy by Erudio? Reading some earlier posts, it doesn't seem clear that Erudio themselves are that sure.
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    Would Erudio have a leg to stand on if they actually tried to get a CCJ?

    Provided you've submitted proof of earnings below the threshold and before the deadline, surely that's all you need to do?

    Given the promises made to me when I took out these loans - government backed, no repayments until you hit an income threshold and no negative effect on my credit, am I alone in thinking I was mis-sold?
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Law says you can defer making payments if you can show your income level is below the threshold. Erudio being too useless to process it properly in time doesn't change that fact. Legal action against you when you can prove you gave them the information in reasonable time should be easily defendable. Very much doubt even Erudio would be stupid enough to try.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    edited 15 June 2014 at 9:48AM
    That's what I thought.

    So, I send my letter and latest set of signed off accounts, which I expect them to reject (it's what the Student Loans Company always asked for and accepted).

    I expect to get a letter saying that they don't accept what I've sent.

    I'll send them a letter to explain why they *have* to defer me and once again request them to do so.

    Is it fair to assume that they'll ignore all of the above and put my account into arrears and start the collections process?

    Is it also right that eventualy I'll get a county court summons giving me the opportunity to prove to the court that I eligible to defer?

    If my credit rating (perfect) takes a nose dive can I then take action to put that right?
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • ptolomy
    ptolomy Posts: 18 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    @ Anna2007 Thank you so much, that is just what I was looking for. I am now going to be quoting lots of rules at them and spending tomorrow complaining to everyone I can! I did obviously have other plans for my day off tomorrow but there we go, I don't want them getting away with this.
  • Hi all. Some advice would be most welcome.

    I am currently unemployed. I managed to defer repayment on my student loans with the Student Loan Company from June 15th, 2013 until June 14th, 2014. I received no further correspondence from the S.L.C. since last year's letter confirming my deferment.

    I logged into my online bank account yesterday (Saturday) morning to find that a Direct Debit for £115 payable to Erudio Student Loans would be going out of my account tomorrow (Monday).

    I have received no correspondence at all during the past year:
    i) to say that Erudio would be taking over my loans repayments;
    ii) to say that Erudio had set-up a Direct Debit from my bank account (this was done without my permission);
    iii) to enable me apply for deferment as is usually the case with the S.L.C..

    Is there any way that I can cancel this payment before the end of day tomorrow without it affecting me? I can hardly afford to pay this amount given my current state of employment.

    Thanks in advance for any assistance.
  • GirlGeek
    GirlGeek Posts: 55 Forumite
    Eighth Anniversary Combo Breaker

    Is there any way that I can cancel this payment before the end of day tomorrow without it affecting me? I can hardly afford to pay this amount given my current state of employment.

    Thanks in advance for any assistance.

    Call your bank either now or in the morning and ask them to honour the direct debit guarantee. Tell them you had no notice of when the payment would come out and/or for how much. They will have to 'investigate' but will credit your account asap, if they then find out it was correct they'll repay Erudio (which of course won't happen).

    You, unfortunately, need to call Erudio and ask for a deferment pack, tell them you have had no communication from them, they won't believe you, but stick to your guns and tell them that if they refuse to put your account on hold until you are granted deferment you will be complaining to them in writing and then to the Financial Ombudsman. You will probably have to complain.

    Despite anything they might say they will continue to take money from your account, don't cancel the direct debit though, even if they or your bank suggest you should because this will then put you in arrears and will at the very least put a black mark on your credit file.

    There are probably people who could answer more fully with other things you should do but for now just get your money back via your bank.

    Good luck with your forth coming fight, welcome to the army!
    *phew*
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    Why should someone not cancel the DD mandate?

    How would this cause anyone who does not need to pay any problems?
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • GirlGeek
    GirlGeek Posts: 55 Forumite
    Eighth Anniversary Combo Breaker
    They would claim you have broken the terms of your contract. I know you haven't had one, a lot of people haven't, but they'll still say it was in your original one with SLC.

    Also don't give them any reason (they would claim breach of contract) to deny you your deferment. These people are purely debt collectors, only interested in what money they can get.
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    Gutterfilth like this like to scare and intimidate, my DD is cancelled and will remain so until I earn more than the threshold amount.

    "4.2 Unless we agree otherwise, we will collect your monthly repayments by direct debit on the same day each month (which we will tell you before we collect the first payment) or the next working day. If your account changes you must give us a new direct debit instruction."

    Says that if you're paying you need to use DD and it's up to you to keep it live.

    Says nothing about needing one if there's nothing to pay.
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
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