I am desperate for help as I do not know what I could or should do next. Mine is a long tale which included a little procrastination and belief that it would somehow all go away but it has all come right to my door now.
It may well be easiest for me to start with where I am and work backwards as hopefully you guys ask me questions in order to give me a take on what I should do but before i do I will give you a little background.
I have several Student Loans most of which are in deferment but 2 loans that had been sold off to Erudio have been terminated and are now at a critical stage where I need to take action to stop Bailiffs from turning up to my door.
I received a Warrant of control from the courts/Dryden Fairfax Solicitors (DFS) which stated I need to respond before the beginning of Sept. I made several attempts to contact DFS with no joy on the phone so sent an email and eventually they called me back. I explained to them that I was unsure why this had happened as I have several loans currently deferred so this anomaly surely needs to be amended. They told me to contact Erudio as the accounts had been passed to them.
DFS said that they could not do anything about my query and that I needed to contact SLC. I have done some digging
I received a letter from the courts that said I must take action straightaway, I have been searching and searching for help and finally I hope I have found this space which I hope will help me one way or another.
Today I spoke with the courts who have said that in order to avoid Bailiff action one of 2 options must happen:
- I pay them a 1/3 of the outstanding balance
- I contact DFS and make an arrangement to pay
- I complete one of 2 form either a N44 to appeal or a N45 to declare my earnings before agreeing a payment plan
my main question is what is my best course of action at this stage.
In terms of full disclosure I emailed the SLC and Erudio with a SAR request yesterday in order to retrieve all of the correspondence they have held relating to all of my accounts. I do this in hope that there may be some sort of angle to prove that something was wrong with the way they handled the administration of my loans after they had sold them off to 3 separate companies. I also informed DFS of what I had done and also asked what I could do in order for them to halt any action whilst I awaited my SAR information.
Historically, I have complained about this and SLC replied with what they said was their final answer. I then hunted for help but as with other things I just let it slide and here I am some 2 years later in this situation where it has been escalated to the courts etc.
At that same time I raised queries across all loans as I had missed deferring all of them. I was successful with Honours, Thesis but it seems at this point SLC Erudio had terminated the loan contract.
Roll on 2 years of doing nothing and hoping that it would all go away I am in deferment with Thesis, and HSL but they are holding arrears for the months they say that I was not deferred. Erudio have cancelled the contract and I have received a Warrant of control from the courts.
This morning I received a reply from DFS - they sent an email which supposedly had a copy of the letter SLC had sent me as their final response, however, the attached letter was not for me it is for a completely different person (dare-say a data breach as they have clearly sent me the wrong attachment).
Short timeline with Erudio
24th July 2019 - Erudio responded to my complaint. Saying that they had not received a DAF form. They do not speak with any of the other loan providers. In this letter they state that SLC give a different deferment date setup for the Erudio accounts than for the accounts held by the other providers, they did not know why but just stated that it was the case.
SLC advised them that there was a gap between Feb 2014 to Aug 2014
Monthly payments became due on the 10th of each month. They said that no plan was in place so the account began to accrue arrears and fell into default 4 months after. They claim arrears letters had been sent Jan 2019 and Jun 2019
- They say a NOD - notice of default was served on 13th Sept 2018 asking me to contact before the end of October to pay arrears. They did not hear from me so the account was terminated no longer eligible for deferment or cancellation of rights
- They finish saying that I need to contact DFS and that they do not uphold my complaint. They also said that I had 6 months to respond - which I didn't as I did not find anywhere to get any help with what they had said.
Any help will be so much appreciated as the figure is really large for me and I have never earned over the threshold in order to pay back the loans.