ERUDIO student loans help

anna2007

Forever wrote: »

The part about the CRAs were dealt with in a separate paragraph. It looks like I cannot do anything about this either (big sigh). This is because I did sign a contract, all those years ago, saying that my details may be passed on to CRAs. So, although the Student Loans Company didn't bother if you were deferring, Erudio will do so. From what I understand, sharing this information is good business for Erudio.

The contract you signed states that they may disclose your data subject to the prohibitions and protections of the DPA. I take this to mean our consent via the FPN (something the SLC never obtained), also the reporting must be justified.

Erudio are not exempt from the provisions of the DPA, which I suppose is the reason they're seeking consent via the FPN.

Would you mind posting up the paragraph Erudio wrote on CRA's? If all they are relying on is the clause in the loan agreement, I don't see how that can be compliant with the DPA.

aloadoflatchikos

The T&C require you to prove that your gross income over a period of 3 months from the point of when your deferral ends and any subsequent month is below the threshold. However, it does not give Erudio the entitlement to ask for additional proof for deferment, for example, a P60 plus a letter of employment from your employer. Therefore, Erudio are breaking the T&C of the 1998 act, since there is no requirement within the act for this information. They want this information for two purposes, firstly as has been stated, they sell the information to other companies, secondly, the old axiom, knowledge is power, which at some point in the future they will use and not for our benefit. Do not allow them to hoodwink you, remember Erudio is a debt collecting company, accomplished in the arts of disinformation and deceit!

Sarebear78

anna2007 wrote: »

The contract you signed states that they may disclose your data subject to the prohibitions and protections of the DPA. I take this to mean our consent via the FPN (something the SLC never obtained), also the reporting must be justified.

Erudio are not exempt from the provisions of the DPA, which I suppose is the reason they're seeking consent via the FPN.

Would you mind posting up the paragraph Erudio wrote on CRA's? If all they are relying on is the clause in the loan agreement, I don't see how that can be compliant with the DPA.

Great - love how you put that - knew there was a reason I crossed out the last bit of the form Can't wait for them to put it on my credit file so I can complain again! (Esp as I have a 1998 loan that they know they shouldn't put on anyway!) Quite enjoying this complaining now.....

anna2007

Sarebear78 wrote: »

Great - love how you put that - knew there was a reason I crossed out the last bit of the form Can't wait for them to put it on my credit file so I can complain again! (Esp as I have a 1998 loan that they know they shouldn't put on anyway!) Quite enjoying this complaining now.....

Glad to hear it Sarebear Making a complaint is the only way we as customers can get a bit of control back, and there's the bonus that it costs Erudio for each complaint to the FOS. If people are really p'd at Erudio, this really is the best way to get through to them, don't waste time phoning them - get a formal, written complaint in and take it to the ombudsman when Erudio continue to !!!! you about.


Another thing with the CRA issue - if there is a significant change in the way that your personal data is used, the DPA says our consent is needed. We've gone from the SLC reporting defaulted loans to Erudio reporting deferred loans, seems a significant enough change to me...


Also, it was mentioned that Erudio has the agreement of the ICO in reporting our deferred loans - two things:


Have Erudio provided evidence that the ICO were in agreement in reporting our loans to CRA's? In the press, Erudio stated that they had spoken to the ICO and Erudio were of the opinion that it was all legit... that's not the same as the ICO categorically stating all is above board (which seems to fly in the face of the DPA requirements).


The ICO reports directly to Government, they might not be as impartial as they'd have you believe? Not trying for conspiracy theory here, just going on past experience of regulators/government bodies that have a vested interest in disagreeing with Joe Public.

Rather_Confused

A point of information regarding CRA's and deferred loans. My loan was (finally) deferred at the end of last month. I'm lucky that my case is simple, I don't get any benefits and they only had my pay to assess, which falls below the threshold.

Me and my OH have applied for a mortgage. During the mortgage interview, I was asked about debts so I thought I'd better mention the fact that my deferral may be counted against me. I got a call yesterday from the mortgage adviser to say that my credit checked out OK, and there was no sign of the student loan on my credit history.

So does this mean that Erudio are making threats which they are not then following up to try and get us to repay when we don't have to under the terms of the loan?

Forever

anna2007 wrote: »

The contract you signed states that they may disclose your data subject to the prohibitions and protections of the DPA. I take this to mean our consent via the FPN (something the SLC never obtained), also the reporting must be justified.

Erudio are not exempt from the provisions of the DPA, which I suppose is the reason they're seeking consent via the FPN.

Would you mind posting up the paragraph Erudio wrote on CRA's? If all they are relying on is the clause in the loan agreement, I don't see how that can be compliant with the DPA.

Thanks for mentioning the DPA and the FPN. Having read about them, I can see exactly what you mean.

Their paragraph regarding CRAs in their letter state:

"We understand you are concerned about the potential listing of your loan account with CRAs. In the UK, it is generally agreed that reporting relevant and appropriate levels of information about credit agreements and how they are being paid is an important part of the process required to support responsible lending and borrowing.

Erudio has discussed the content of the disclosure of information sections of the terms and conditions with the Information Commissioner's Office. Erudio considers that the reporting of accounts to credit references agencies is in accordance with the terms and conditions as specified in section 16 (Disclosure of Information) of borrowers' credit agreements that were issued before 1998. We can confirm your loan was taken in 1996."

I have asked for a copy of my student loan to be sent to me so that I can see exactly what I signed. However, I do like the idea of arguing that my details are not passed on to others due to the data protection laws too.

fermi

"Erudio considers"

:think:

Forever

aloadoflatchikos wrote: »

The T&C require you to prove that your gross income over a period of 3 months from the point of when your deferral ends and any subsequent month is below the threshold. However, it does not give Erudio the entitlement to ask for additional proof for deferment, for example, a P60 plus a letter of employment from your employer. Therefore, Erudio are breaking the T&C of the 1998 act, since there is no requirement within the act for this information. They want this information for two purposes, firstly as has been stated, they sell the information to other companies, secondly, the old axiom, knowledge is power, which at some point in the future they will use and not for our benefit. Do not allow them to hoodwink you, remember Erudio is a debt collecting company, accomplished in the arts of disinformation and deceit!

I am pretty sure that we all signed a contract saying that we need to show only pay slips over a 3 month period (plus proof of any other forms of income).

I know I have seen reports on-line that Erudio have changed their request from 3 month's pay slips plus a P60 to just 3 month's pay slips (plus proof of any other forms of income).

So, it looks like they realised that their initial request was not meeting our original contracts.

Forever

fermi wrote: »

"Erudio considers"

:think:

Good point!

Forever

Rather_Confused wrote: »

A point of information regarding CRA's and deferred loans. My loan was (finally) deferred at the end of last month. I'm lucky that my case is simple, I don't get any benefits and they only had my pay to assess, which falls below the threshold.

Me and my OH have applied for a mortgage. During the mortgage interview, I was asked about debts so I thought I'd better mention the fact that my deferral may be counted against me. I got a call yesterday from the mortgage adviser to say that my credit checked out OK, and there was no sign of the student loan on my credit history.

So does this mean that Erudio are making threats which they are not then following up to try and get us to repay when we don't have to under the terms of the loan?

Now that is interesting. Thanks for posting this and good luck with the mortgage