jacobjones
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Posts
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My wife has now been send two £50 cheques. She didn't cash either of them.
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"(The forms by the way came after 3 months of requesting them, even though in there t&c's they say they will be sent out 2 weeks before renewal date, erudio said they had sent them and informed me i was now in 3 months arrears)." This happened to both my wife and I last year. They are deliberately delaying (or in our case) not sending the deferment forms in order for it to appear that we are in arrears.
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My wife took out student loans in 1998. She repaid them for a few years, but then deferred due to low income. Her monthy payments at that time was £80 a monthly. This year she went over threshold and should restart paying. However, Erudio have hiked the payment to £120 a month. MY wife will be 50 in two years time and they have done this, so that she repays the entire loan before she becomes 50. I was under the impression the student loan should be repaid in five years of equal payments. Thoughts? Can they legally increase the payments?
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Hi. Could someone give me the link to the CCA forms I need to get original copies of my agreements and statements from Erudio. I want to make sure I'm sending the right forms. Thanks.
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Janmarie Yes, there has been an enormous amount of false info on here. You should not be relying on an internet forum for legal advice. That said, I've learned a lot from here and think I have it pretty figured out. This is how I'm dealing with it; Applied for deferral in September 2014. They said I wasn't eligible, I said I was. Continued back and forth with emails - no ground given by either side. I requested CCA end of January 2015. End of February 2015, they sent my notes to some complaints office who once again said I wasn't eligible for deferment, at which point they said they would send my CCA to me. It has now been 4 months since requesting CCA and nothing has come. I have not heard from them for over six weeks. I am hoping that they don't have my agreements, which means the case is in lock down forever. However, if the agreements do show up, my next step is too complain to the ombudsman, which should drag it out another six months. If the ombudsman goes against me, I will disagree with the decision and tell them to take me to court and see if they actually do it. In the mean time, I have been putting away a bit of cash each month to cover the debt on the off chance that it comes to that (highly unlikely). I am prepared to stretch this out as long as legally possible, but in the end, if the agreements turn up, and they are prepared to take me to court, I'll probably pay up. However, I'm wondering how much they are willing to invest in one case, when there are plenty of others who aren't prepared to put up a fight. My advice is to drag it out as long as legally possible and hope they've lost your agreements.
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How long did it take from the time you wrote to the ombudsman to the time of the decision?
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I have a question about the following paragraph, would a breach in obligation need to be proved in court? A Mortgage Style Loan borrower’s liability shall be cancelled: When the borrower dies; If/when the borrower is not in breach of any obligation in relation to any loan and, if they were under 40 years of age when they last entered the loan agreement, when they reach the age of 50 or when the loan has been outstanding for not less than 25 years (whichever is the sooner); or If the borrower was over 40 years of age when they entered the loan agreement, when they reach the age of 60.
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"So all the law says is that you have to "show" Erudio that: a) Your income for the month before the month you apply for deferment was below the threshold and b) You income for the 3 months following that month will not or is likely not to be above the threshold." See, I have a real problem with this. A threshold is something to be met, before another reaction (denial of deferment) can happen. Part B is actually referring to a future-projection, not a threshold. Once I receive my original docs (if I ever do receive them), I will make a complaint to the ombudsman based on this. Also, the SLC does not refer to the threshold in monthly terms, it refers to a yearly threshold. It's quite easy to pick holes in their wording, as it is extremely badly written.
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It's now been three months since I requested my original docs. It's all gone kinda quiet. I'm not going to write to the Ombudsman until I get them. I shouldn't have to make a complaint until I have been furnished with all the info I need. Plus they can't do anything while I drag it out. Plenty of time............................
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I'm not quite understanding the statute-barred thing. If I ignore SLC for six years, then the loans become statute-barred, but if I send in a legitimate deferment form every year for six plus years, they do not. Is that right?
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What's the average amount it takes for them to supply copies of original documents? It is weeks, months or years? Do they actually have copies of all of them? Just wondering.
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Thanks. What and where is the adjudicator? I have taken it as far as I can with Erudio. Also, does the ombudsman cost anything?
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I had another letter from Erudio saying that they are refusing deferment and this was their final decision, although they appreciate they did a crap job, they also sent a cheque for £50 for my trouble! They also sent some information about making a complaint to the ombudsman. I have sent Erudio one final email letting them know that I will be taking this option up, as not only have they not answered my questions, they have also not sent copies of my original documents, even though they promised to do so in two emails in January (they did not ask me to send a CCA letter or £1, they just flat out said they would send them to me, which of course, they have not). So, really, I'm trying to drag this out. The ombudsman says I need to email them within six months. Should I email them now, or should I wait until the original documents turn up, then email the complaint?
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I'm happy to fight them. I have pretty much done numbers 2, 2a and 4. I'm a little concerned about it, but not scared / intimidated. I am happy to stand my ground. I did not send them a CCA letter with a pound. I emailed them and said please advise me on where I should send the CCA and they replied they that they would send the agreements to me. No more mention of CCA or pound fee. Still awaiting delivery.
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So I continued to point out that I was under threshold for the year before the deferment and also under threshold, on average, for the three months before deferment. Apparently my application has now been sent to a complaints department and will be answered within eight weeks (deferment was up last September). Still waiting for original agreements to arrive.
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