Changing CM payments - voluntary agreement

gardenia101

Hi All,

I've posted originally on the long running Erudio Student Loans thread, but thought I'd ask another question here. The background to this is that Erudio are now claiming that the Child Maintenance I receive from my ex should be counted as my income; so they want me to use over 1/3 of it to pay of a deferred student loan. Under the old Student Loans Company CM was not counted as my income (since it isn't money I've earned). I continue to earn well under the repayment threshold, so my loan is entitled to be deferred.

My ex is rather cross as he feels this CM is for his kids, & not to pay off a loan I took out before I met him. Don't think he's being unreasonable there.... He doesn't pay me spousal maintenance & never has (& I didn't expect him to).

So he is thinking about paying the CM into our DD bank account instead of mine, which I'm not a joint signatory on.

I trust my ex not to stop paying CM but wondering if there are any reasons why he couldn't do this - anyone have any thoughts? I have the only card for DDs account (at her request as shes 14) so they can't spend it all :rotfl:

We have a voluntary CM agreement & have never dealt with the CSA/CMS. Our consent order in our divorce paperwork sates he'll pay £X CM on a monthly basis to me, so might that cause a problem? But who else apart from me would complain about it?

It sounds like I'm trying to be devious & hide money, which I'm not, but if the threshold for repayment is going to mysteriously drop each year then I want to make sure that this CM is protected for our kids & not showing up as MY income on a bank statement.

DUTR

There isn't a case open, so I don't even know why you have mentioned this to the lenders. He is correct CM is not to repay loans as such, although some precariats may argue that the loan could have been used to raise the child(ren). DWP do not count CM contribution as income, so I don't know why the lenders are either?

gardenia101

DUTR wrote: »

There isn't a case open, so I don't even know why you have mentioned this to the lenders. He is correct CM is not to repay loans as such, although some precariats may argue that the loan could have been used to raise the child(ren). DWP do not count CM contribution as income, so I don't know why the lenders are either?

I agree with you, that is how it should be, but the very long thread about how Erudio are treating those of us who are trying to defer the old style (mortgage) student loans will show you how they are not playing fair at all, & are trying to change what we need to do to defer. All highly dodgy & probably illegal.

There are many of us challenging Erudio, but they appear to be making life difficult for us by losing mail, not providing information etc..

There are some people whose CM pushes them above the threshold for deferment, so Erudio are demanding payment.

I know they are wrong to do this & am trying to prove they are wrong, but in the meantime I wondered if there would be any consequences from the CM being paid into my DDs account?

DUTR

gardenia101 wrote: »

I agree with you, that is how it should be, but the very long thread about how Erudio are treating those of us who are trying to defer the old style (mortgage) student loans will show you how they are not playing fair at all, & are trying to change what we need to do to defer. All highly dodgy & probably illegal.

There are many of us challenging Erudio, but they appear to be making life difficult for us by losing mail, not providing information etc..

There are some people whose CM pushes them above the threshold for deferment, so Erudio are demanding payment.

I know they are wrong to do this & am trying to prove they are wrong, but in the meantime I wondered if there would be any consequences from the CM being paid into my DDs account?

Only for the NRP if there was a case open, are those dealing with the lenders seeking leagal advice and perhaps a court judgement on the issue?

gardenia101

DUTR wrote: »

Only for the NRP if there was a case open, are those dealing with the lenders seeking leagal advice and perhaps a court judgement on the issue?

Thanks DUTR. Can't speak definitely for any others but I shall be if/when I've exhausted Erudios complaints system/FOS/my MP.

In my own case I don't know if Erudio are just incompetent, or deliberately trying to force me to have 3 months worth of arrears so they can say I've defaulted & try & call in the entire loan.

They seen unable to send me correspondence on time or in a format suitable (need large print as I'm visually impaired), or process payments that they claim are due (but can't/won't send me the correct paperwork so I can defer & prove they aren't due, or send me statements/notice of arrears in any format to prove they are due) as they can't access the direct debit that is in place on my account.

But I don't want to hijack this thread about Erudio - there are enough on here already!