Erudio S.L. refusing my deferment, arrears due, BUT I provided them with JSA evidence

gazjam

Nightmare...looking for some advice how to proceed, thanks.

Got the standard letter saying Erudio were taking over SLC loans.
Got deferment form (the original one before they changed it after complaints), and after looking on here there was a SL deferment "template" letter to send to Erudio if you didn;t want to disclose your direct debit details and other information not asked for under terms of the original SLC loan.

So I sent the evidence from Job centre of my JSAA along with the template letter I downloaded from here and thought that was that.

No...
I got a "Notice of Default" letter from them dated 23/5/16 saying I hadn't providfed evidence for deferment, despite a stamped and dated form from the Job Centre saying I was on JSA.

I emailed Erudio customer service saying that i had submitted evidence for deferment (which they acknowledged receipt of) but as I hadn't returned their own form deferment was refused.
:mad:

I reiterated the terms stated on the Template letter, that to fulfil criteria for deferment by law I didn't HAVE to use their form and in fact had issues with it as information was being asked for that wasn't under the terms of my original SLC loan.
I pointed out to them that nowhere on the form was it stated what information was optional and what was manditory.
They are saying I needed to use their form - end of story.
They did not accept the template letter I downloaded from the Site here.
CAN SOMEONE POINT ME TO THE DOWNLOAD LINK PLEASE, I WOULD LIKE TO SEND THEM A COPY OF IT AGAIN TO BACK ME UP.

Over an email exchange, I asked for a breakdown of what period they were saying I owed arrears for, so that I could cross check with the Job centre for dates I was on benefit.
They did, and i was on benefits for the period they are looking for arrears for.

They are now saying the last deferment they received was July 2014, and arrears are accruing!
I have deferred every year without fail.
I've been on benefits a lot, but when I have worked its been well under the ammount needed to trigger repayment.

I quote from their recent letter:
"You have stated that you have legally provided enough evidence to support your deferement.
In order for your deferment to be processed, you are required to complete a DAF to apply for deferment. This is not detailed in the terms and conditions but when your loan was managed by the Student Loans Company (SLC) you were required to complete a DAF. This process did not change.
The only change is that we now manage your deferment."

No mention of additional information being asked for to complete deferment, which was NOT in the SLC form.:mad:
It was not made clear on the form that Information being asked for like DD details was optional or manditory...the assumption to be made was manditory.So they haven't accepted the Template letter which went along with stamped and dated evidence of JSA from Job Centre and as according to them I have technically NOT deferred they have started arrears accruing.
I argued the case with them of the letter being legally OK to satisfy deferment but they stonewalled me...not interested.
Their form or nothing.

FINAL POINT
This week I got a "Termination Letter" from Erudio saying that as I had "defaulted" on repayments I have lost the contractual rights of my SLC loan and they are looking for full balance of £4276 withing 7 days.
I have just started a new job with a salary of £18K.

They are not interested in budging from their position, finishing off their response to my complaint saying:
"You are not obligated to provide your direct debit details and if you had submitted a DAF to us without these details it would have been processed. The terms of the Student Loan Act 2008 does not mention that deferment evidence alone is sufficient for your deferment to be accepted.
This is our final response to your complaint. I hope I've resolved your complaint. I hope that the information provided helps you to understand my decision."

I'm at a loss what to do folks, complain to the Ombudsman I guess but I'm at a loss.

It hinges on wether the template letter I sent with JSA evidence was indeed satisfactory to get deferment, and wether Erudio are being a bit economical with the facts.
This to me is a technicality (that is probably wrong?) which has spiralled into the worse case scenario.
I've tried speaking with Erudio but they are sticking with what they are saying and not budging.
I'm in trouble.

Can someone please provide the link to the Template letter from the site here please?
Any advice greatly appreciated.
Thanks.

Brooker_Dave

Better post here:

https://forums.moneysavingexpert.com/discussion/comment/70973382#Comment_70973382

Edwood_Woodwood

I take a different view to most here regarding what to do.

The Ombudsman are pretty toothless and talk in riddles, that is not what you want or need.

Yes, it may cost Erudio for each complaint filed but if that is all you wish to achieve then fine, as you will not get anything fully resolved using this option.

Send a Letter Before Action stating exactly what you require as of right, if they refuse, summons them.

Legal action is the only option now.

It is clear that after 3 years Erudio are even worse now than ever, the ombudsman approach has failed.

BorderReiver14

My advice would be to use both the FOS and legal action. All avenues explored to resolve the matter by you will ultimately work in your favour. Terminating the agreement is a drastic step on their part. I can only think they believe most folk will not use court.

Brooker_Dave

FOS just delay matters and tend to always side with Erudio, whatever the problem...

BorderReiver14

That is not my experience with the FOS although I concede that they have been very inconsistent and that is putting it mildly... Nothing wrong with making a complaint to them while still chasing ESL up in court.

Brooker_Dave

At the very least it costs Carval/Erudio money, which is nice.