Update. Finally deferred and all arrears wiped. Only took 3 years! I never used their DAF. I never backed down in my belief that using a bespoke letter was enough to satisfy the original loan terms as the various DAFs were not fit for purpose. Thanks to all on the numerous threads who helped fight these fleecing cretins. Don’t stop fighting for your rights.

Yeah, they have been given EXPLICIT permissions by the GOVT/BIS to change the procedures of deferment, chasing people in arrears etc and that such permissions were an intregal part of the SELL OFF terms. SEE clause 10.2.2 of the sell off doc below. This flies in face of BIS/GOVT/FOS mantra of there have been no changes to your terms and conditions somewhat... I wrote this to the FCA: I would like to make the FCA aware of some information regarding the Govt/BIS sell off of my student loans. Under the sales agreement BIS have given ERUDIO the right to change the terms and conditions of deferment and collection. See section 10.2.2 of the sell off, here is the relevant clause: https://www.dropbox.com/s/nplvr6tjoyeoz1q/CLAUSE%2010.2.2.JPG?dl=0 Sale and purchase DOC LINK: https://www.dropbox.com/s/pjzix1oh1awpi0z/Sale%20and%20Purchase%20Agreement.pdf?dl=0 Now the GOVT/BIS assured me at the time of assignment that the Terms and Conditions of my loans would not change as indeed the NOA from ESL did as well. This is a lie. They have actually written into the sale terms an agreement that 'ESL are allowed to use 'procedures .....materially different than those of the SLC....in order to increase the purchasers return [maximise profits]....' I believe that assigned debt terms and conditions cannot be changed without consent? Also you can see the effects these 'materially different procedures' or what are in reality changes to the terms and conditions, have had on honest deferrers with the FOS complaints data over ERUDIO'S behaviour : http://www.ombudsman-complaints-data.org.uk/ A Horrendous record I am sure you will agree. How much suffering and lies do 250,000 ex students have to endure before some legal body makes ESL behave in a responsible manner? Thanks again for your time on this etc Everyone please complain to the FCA and indeed the FOS over this.

Have you got evidence that the FOS have ruled on the USE of DAF over use of original loan forms? I see none in their recent decisions?? The FOS are not ruling on the need/legality to use Erudio's DAF. In fact they are tripping over themselves with bizzare rulings over it. There are a number of FOS decisions recently that state it they see no reason why people are reluctant to sign the Erudio DAF. Here is an extract from an FOS decision: 'Firstly I can understand that Miss Z didn’t want to allow Erudio to carry out credit checks but Erudio has agreed that she can delete that portion. They have accepted that this was not part of the terms and conditions of her original loans. Like our adjudicator I believe that Erudio can share information that they hold on Miss Z. That said, our adjudicator confirmed that Erudio should remove any adverse data that has been recorded on Miss Z’s credit record. I believe this is a fair outcome. However I can see no reason why Miss Z remains unwilling to sign and date the form. She may well think this is bureaucratic and I accept that she has given Erudio the information needed to assess her application. But I don’t believe that asking her to sign and date a form is an unreasonable request, and helps Erudio to manage the deferral requests it receives.' Now this is a perverse decision as Erudio have basically admitted to the FOS that the DAF's credit check section is outside the original loan terms and you can delete that SECTION! (Caught with their pants down AGAIN!) AND that Miss Z has supplied ENOUGH evidence for deferment. Yet in the same breath the FOS see no reason for someone to to sign and complete the DAF. A stunning conclusion! The FOS are inept.

So are the FOS saying you have use the Erudio DAF as part of their ruling or not? I am in same boat and expecting the same response from them. They really are useless

Well they did a credit search on ME last MAY. I ain't used their DAF. Still awaiting a response from them on that one!

From Erudio website. Its like a charm offensive/PR exercise. She's now in charge of this shell company/DCA (Well cuz Aroo bought her own company over recently...) News 26/02/2015 Message from Helen Ashton about the new Deferment Application Form and How to Guide. Welcome to Erudio Student Loans. I joined the company recently and I am the executive responsible for running Erudio in a way that customers expect and deserve. The transfer of 500,000 loans (representing some 250,000 individual customers) is always going to be complex, and we recognise that we didn't get everything right first time. I want to apologise for the errors we made and assure you that we have learned a lot from these, we are listening to our customers and we are working hard to make improvements. My priority is to ensure our customers receive the high level of service they rightly expect. To do this we are introducing improvements across all aspects of Erudio. We have already taken a number of important steps, including launching a new Deferment Application Form and How to Guide (25/02/15) ahead of what is the peak deferment period for Erudio customers. The new versions of these documents were developed following customer feedback and a wider external and internal review process. Importantly, in the new Deferment Application Form we have removed certain questions as well as highlighted where information is optional. We have also changed the layout to help you calculate your annual income. Having listened to customer feedback, in the How to Guide we have been able to confirm that credit searches completed as part of the deferment application process will be treated as a special case and the footprint they leave on your credit file will not be shared with, or be visible to, other lenders. We will continue to work to make the deferment and payment processes as straightforward as possible. We recognise there are still further improvements to be made and, whilst not all of these can be implemented overnight, we will continue to listen to feedback and make the changes required to improve our service. Helen Ashton Executive in charge of Erudio

Is this true? I Thought Erudio could mark credit files? They are certainly claiming this on their website and NEW deferment form?? Any Mods know the answer to this, Thanks.

Erudio back down on DAF when lawyer gets on the case: From the lawyer involved: 'Erudio have granted deferment to my client without having to complete the DAF, as they have now done for other clients. As to the hearing on 6 March, there only remains the issue of costs. Erudio said they would only pay costs if my client would agree to a confidentiality clause, but my client refuses to be gagged by them. We will seek costs on 6 March if they don't pay before. As to the issue about an unfair relationship, with Erudio having granted the deferment without my client completing a DAF there was a danger in pursuing this point that the court might say the unfairness had been removed (at this point in time) and my client did not want to face a costs risk in this respect. However, I suspect the issue of an unfair relationship might rear its head again when the new DAF is published if it goes further than it should.' Plong979 I still don't think the FOS are gonna be much help but it does not matter anyway as we see Erudio acting like the paper tiger that they are:) No need for a DAF, just show your income like you did with the SLC. My complaint is at ombudsman level and will prob take another 6 months which takes me into a new deferment year. Still not heard back from erudio about their illegal credit search on my account or my desist telling me I am in arrears when I have met loan conditions. They must be busy..... Don't stop fighting

The threshold amount is set yearly at Sept. I always sent the SLC the three months wage slips before MY deferment date. EG I defer in MAY so they got feb/march/april slips. It basically establishes that you will probably NOT earn over the threshold in the three months after you defer. Would not be surprised if Erduio want wages slips from the future....lols

The current deferral threshold is £26,727 ? AND it will definitely go up in September this year. From Erudio website : By law, and under the terms of your loan agreement, you are entitled to apply for deferment if your income is below the relevant threshold (currently £26,727 gross annual income) Oh be sure to declare any money you have received from the tooth fairy too! Seriously though I've been working on a one size fits all post for dealing with Erudio. They have invoked my wrath and I had some free time this week:) Its a work in progress so any suggestions are most welcome. Mods feel free to delete move if it breaks any forums rules. First thing to be aware of is that ERUDIO are a DCA (debt collection agency) and are foremost interested your MONEY. They bought your student loans for 5p in the pound! (http://en.wikipedia.org/wiki/Erudio_Student_Loans) This I argue is a great conflict of interest with their other purpose as the company who should be deferring your loans should you be under the repayment threshold! They will be difficult/obtuse/horrible to communicate with in anything to do with deferment as they would love to put you into arrears, they want you to PAY and you being under the deferment threshold means they can't get PAID. It's not helped that their administration has been outsourced to Capita with their infamous abysmal customer service. Be firm and tell ERUDIO the income proofs/documents/wage slips/tax returns etc were good enough in the past with the SLC (Student Loans Company) and the Original Loan terms still apply and cannot to changed or amended by Erudio. Here is the relevant section of the terms: 'The Education (Student Loans) Regulations 1998 State: 9. Each year the lender will tell the borrower the new deferment level for the period between 1st September and the following 31st August. The borrower can defer making repayments of the loan if— (a) the lender has not already asked him to repay the loan in full, and (b) he can show — (Not complete a DAF or let Erudio have access your entire financial history)* (i) that his gross income for the relevant month is not more than the deferment level, and (ii) if the lender asks, that his gross average monthly income during the 3 months immediately following the relevant month will not or is unlikely to be more than the deferment level.' * http://hansard.millbanksystems.com/written_answers/1990/jun/19/student-loans Extract from Hansard debate on student loans: Mr. Andrew Smith : To ask the Secretary of State for Education and Science if a student in agreeing to the terms and conditions of a student loan authorises the Student Loans Company to make future searches on their income, via employers and banks. Mr. Jackson : The terms and conditions of a loan agreement will not authorise the Student Loans Company to investigate borrowers' incomes through their employers or banks. Borrowers wishing to defer repayments will be required to produce evidence that their income falls below 85 percent of national average earnings. You are under no obligation to use Erudio's DAF whatever version they may bring out. You just have to show evidence that you are under the threshold to repay. You are going to have to be firm in dealing with their Erudio's DCA tactics. If you are under the repayment threshold send the IDENTICAL information you sent SLC in the past, if possible get the old SLC form from the internet. Or you can use Erudio's DAF (send a cover letter stating to are not accepting any new terms) and erase the FPN (fair processing notice) and all other unnecessary information. They may reject this information, stick to your guns and resend the info with EVERY NASTY threatening arrears letter they will send. Then forget about them until next year's deferment and repeat until your 25 years/50 years of age loan expiry time frame is up. TOP TIPS Set up the 'read receipt' option with your email so you can Prove they received it! NB; You must use recorded mail for your initial deferment documents and email the same info as back up! (Since privatisation the Royal mail has been quite bad at delivering mail to Erudio.) NEVER EVER PHONE THEM! CANNOT STRESS THIS ENOUGH!!!!!! Put all your loan refs/name/DOB/Erudio ref numbers on EVERY email (create a template or cut and paste) you send them or they will claim they lost it or did not receive it or could not process it due to DPA or security reasons! Can all people suffering at the hands of Erudio please report them to the: FCA: [email protected].uk and the FOS: [email protected] And as its election year Your MP. THE GOVT TOLD US THE TERMS OF OUR LOANS WOULD NOT CHANGE. THE ERUDIO DEFERMENT PROCESS SURE IS A LOT MORE HASSLE/STRESSFUL THAN THE SLC PROCESS EVER WAS! DON'T STOP FIGHTING FOR YOUR RIGHTS.

Don't worry Jon erudio are up in court soon over having to complete a DAF and indeed have backed down on the need to complete one by a lawyer! Original loan terms apply and if erudio did not like the terms they should not have bought the loans:-)

I posted this up on MSE few days back, some light relief with an important message My thoughts on the new DAF and Erudio: Quote: When will the new Deferment Application Form be ready? The New Deferment Application Form will be ready by the end of February. We realise that the deferment process is complex (it's not really! The SLC used ONE A4 sheet doubled sided AND I was usually deferred in two weeks!)and it is important that we provide the best service possible (LOL - facking kidding me!). Having listened to feedback from our customers and third parties (been told off by Regulators, checked with our army of lawyers), we’ve updated the form and guide so that they are easier to understand and clearly explain what information is needed and why (hmmm). As part of the changes we’ve made, we will no longer require customers to provide additional consent for listing with credit reference agencies. (I am still unsure if this means they feel they don't need consent confirmed and that clause 16 or the original agreement ALLOWs the ruin of our credit ratings. Or that they are backing down on the whole CRA reporting fearing the SH*T Storm it will provoke around student loans. THINK carefully now ARROW GLOBAL + FACELESS CABAL of investors there is a gold mine of BILLIONS of £££loans to be bought up in the future - Don't sh*t where you can feast) The new form will still feature a Direct Debit Mandate (if you are in deferral why not make this crystal clear that a DD is not needed?) request but this will be optional rather than compulsory. However, in case the deferment application is unsuccessful, we do think it is still best for customers prisoners to complete this to ensure they can make a repayment and thus protect themselves from their account going into arrears. (Keep complaining to every legal body folks, lets make these chancers back down on all their Bullsh*t) Until the new form is in circulation you may receive the current Deferment Application Form which we will now accept without the Direct Debit Mandate completed. Equally, we will be happy to accept signed forms with the following wording crossed out: "ACCORDINGLY THEREFORE BY SUBMITTING THIS APPLICATION YOU CONFIRM THAT YOU CONSENT FOR ERUDIO TO PERFORM RELEVANT CHECKS AT CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES." (Again our legal team told us this Sh*t ain't gonna fly.) Because of these changes, anyone due to receive a Deferment Application Form after 1st of February will have the option of requesting a new form instead of using the current version, which will be issued when it becomes available. Due to the way the deferment process works (forms are sent out well in advance of deferment (mostly?! PMSL!)) these customers will still have time to complete and return the new form for it to be assessed (or lost, or binned and denied all knowledge of.) Only by complaining and fighting did these chancers back down on ANYTHING. KEEP FIGHTING PEOPLE!

NEW FAQS on Erudio webby: Quote: When will the new Deferment Application Form be ready? The New Deferment Application Form will be ready by the end of February. We realise that the deferment process is complex and it is important that we provide the best service possible. Having listened to feedback from our customers and third parties, we’ve updated the form and guide so that they are easier to understand and clearly explain what information is needed and why. As part of the changes we’ve made, we will no longer require customers to provide additional consent for listing with credit reference agencies. The new form will still feature a Direct Debit Mandate request but this will be optional rather than compulsory. However, in case the deferment application is unsuccessful, we do think it is still best for customers to complete this to ensure they can make a repayment and thus protect themselves from their account going into arrears. Until the new form is in circulation you may receive the current Deferment Application Form which we will now accept without the Direct Debit Mandate completed. Equally, we will be happy to accept signed forms with the following wording crossed out: "ACCORDINGLY THEREFORE BY SUBMITTING THIS APPLICATION YOU CONFIRM THAT YOU CONSENT FOR ERUDIO TO PERFORM RELEVANT CHECKS AT CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES." Because of these changes, anyone due to receive a Deferment Application Form after 1st of February will have the option of requesting a new form instead of using the current version, which will be issued when it becomes available. Due to the way the deferment process works (forms are sent out well in advance of deferment) these customers will still have time to complete and return the new form for it to be assessed. Quote: What should I do if I want to use the new Deferment Application Form? The new application form will be ready for use from the end of February. Anyone due to receive a Deferment Application Form from 1st February will have the option of requesting a new form instead of using the current version. To make these customers aware of this we will be writing to them and informing them of this option. Equally, in the interim, we are happy to process forms without the Direct Debit Mandate completed and/or with the wording "ACCORDINGLY THEREFORE BY SUBMITTING THIS APPLICATION YOU CONFIRM THAT YOU CONSENT FOR ERUDIO TO PERFORM RELEVANT CHECKS AT CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES."

I have that response letter too! And the FOS responded in a similar fashion. Both provide no real legal basis for a DAF to be completed in order to be deferred. I have asked the FOS to ask erudio to quote me relevant section of the loan agreement which seeks a DAF completion. Ain't gonna happen! Oh and Erudio will have a new DAF in Feb and have changed their stance on having a DD in place. I Am in work so will post up the new developments later!

Working today. So will put a re cap post up later.