Was 1997 Student Loan under my 2010 Bankrupcy? - Erudio now chasing

[WarrenBuffet]

Heidda, if push came to shove and you do find yourself in a position that you do need to start repayments? This will be after a few months of making their life hell with CCA , Account in Dispute, letters , if push comes to shove you can if you wish to bury this once and for all? Make a 'Full & Final Settlement Offer'.

 

Being aware that they paid peanuts for your debt means that you do have the upper hand, if you have been giving them grief for a few months and fighting them at every opportunity and refusing to meet their demands , then you write a letter offering them 10% of the total amount due in full and final Settlement . They generally accept 50% of the full amount but many have won settlement at 40-30-20 & even 10%. So, that is a final negotation attempt if you do find that they have boxed you into a situation whereby you do have to start paying. There is a template letter for 'full & Final Settlement Offer' and much advice and guidance and advice online and here on CAG. But! make their life hell for a few months and this might make a Full and final Settlement attractive to them if push comes to shove.

[heidda]

Excellent advice. As I mentioned earlier my deferment runs out in May. I will be sending the CCA request shortly and will have proof of postage date etc. If I don't receive response before my deferment date runs out what could be the outcome with regards to not applying for deferment or agreeing a payment plan?

Edited April 3, 2014 by heidda
Correction

[WarrenBuffet]

They will be in default and account will as a result be in Dispute. You will need not do any thing until they respond .....you will not even need to defer.

[heidda]

Could Erudio put a default on my credit file while am waiting for response from my CCA request? The company seems to use some underhand tricks.

[dx100uk]

we have no evidence they do or even can.

 

dx

[WarrenBuffet]

If they did they would be in big trouble with FCA as it would be malicious and they would have to remove.

 

The DCA'S generally only play their trump card as a last resort,

they will do everything they possibly can to get payments from you

and if this fails and you disappear then they might play that card?

 

Very recently, infact a week ago there was a high court case where a consumer took a retailer to court over a black mark

put on their credit record when they returned computer for refund and finance company would not cancel agreement.

 

He won £8k damages but it was a bitter sweet victory as he had earlier been awarded £116k

but he fought on in principle and the result is that finance companies have now had new stricter guidelines for applying defaults.

 

If you send a CCA you are effectively disputing the debt and asking them to prove the debt is enforceable .

 

Once an account is in dispute they cannot take any action (negative action) against you.

 

If they were stupid enough to do so then the law is on your side

and will come down hard on them and they will have to remove the default.

 

.......DX (The Boss) beat me to it.

[AndyOrch]

Only the original creditor can apply a default....as Erudio are not and you dont have an agreement with them then no they cant.

[WarrenBuffet]

Thanks Andy, i wasn't aware that was the case as i thought defaults were the only weapon they really had. ......Happy days!

[heidda]

Hi folks,

Looking for some advice on what to do next.

 

 

I received my deferment form back in April but followed information to not sign or send Eurdio deferment form and so send a CCA request.

 

 

I received a letter from them saying that they are dealing with my request and will send it in due course but have still not received any CCA's.

 

 

Instead they send me loads of sheets with relating to different dates.

 

 

Each of these dates have Notice of arrears sheets.

 

Also included in this pack was Remedy off Account and Annual statements.

 

No sign of CCA I requested!

 

I have now received a letter saying am 2 month in arrears and owe them nearly £500!

 

 

Where they got this figure from I have no clue.

 

 

What do I do next?

 

 

Do I do nothing and wait for the CCA which will probably never show up.

 

 

I probably won't be able to defer due to my salary

just need to know where I stand because I want to fight them.

 

 

If I started paying it back they will mark the debt on my credit file which is not what I need at moment as am looking to apply for a mortgage.

 

Any advice would be great.

[Rosskie]

Urm...

 

The pack sounds like they are notifying you of historical arrears that were on your account when SLC was handling it.

 

Did they give you a reduction in debt when they took over?

 

It is its a refund of previous interest charges if so.

 

The historical arrears are still on your account though, and need to be paid, so this will probably be part of the £500 they say you now owe.

 

Thats a possibility, but may not explain things. And if that is the case, it should of been explained in the letter titled remedy of account, regrdless, read the letter and it should explain why it was sent!

 

If i were you - I would apply to defer and hopefully get it backdated. If they dont accept it because your earning too much then maybe you could continue to ignore them, but that wont do your credit file any good, and I expect they have already marked it due to the arrears.

 

I dont know, but it seems to me from your post that your not entitled to defer and just hoping they will go away? Sorry if that sounds a bit off, but you need to be a bit more savvy than that. A failed CCA reply doesn't mean they are powerless, and if/when they do turn up, they'll have plenty ammo on their side and you could be well behind by then.

 

I'm no expert, hopefully someone else with a better understanding will reply, but if your above the threshold then you should be repaying.

 

I'd expect the only way you could get away with not paying would be Statue Barred, which could take a very long time and would trash your credit file completely.

 

Dont shoot the messenger, but you need some advice from someone with a better understanding than me, and quickly.

 

By the way - the others that are fighting erudio are doing so either due to change in approach to calculated earnings which just pushes them above the threshold, or people who can defer but refuse to sacrifice their rights like erudio are now asking us to do...

 

Hope that helps, and I could be wrong, but dont pin your hopes on the CCA thing

[dx100uk]

rodeo are just arrows DCA in sheeps clothing.

 

 

if they've no enforceable CCA

AND the SLC did not already mark your CRA file

then rodeo cannot create a new entry on your file

only the OC can do that.

 

 

there is no evidence [unless you sign their stupid new agreement thingy]

 

 

that gives them perm to trash your CRA file.

[Rosskie]

Your certainly a lot more knowledgeable than me on the subject, no denying that. I really hope your right, but the advise on-line is often conflicting, and the only thing I can add with any certainty is that the sale of student loans was covered by different legislation that any regular debt.

 

Also - My CCA agreements turned up after 5 months, so they covered their assess anyway.

 

Maybe the OP could SAR the SLC - if they have a copy then Erudio will have them eventually?

 

I've missed 4 payments now - and I haven't signed anything, I'll check my credit report soon and see if anythings happened, although given that they haven't chased for payments I may not be a good example.

 

Some reading:

 

Not sure of OFT guidance still applies, or if even relevant in relation to the sale of student debt, but...

(Bear in mind Erudio aren't original creditor)

 

Taken from section 5, point 5.7 of the OFT's:

 

Guidance on sections 77, 78 and 79 of the Consumer Credit Act 1974 – the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement

 

The principles of enforcement action in this area are judged by the OFT to be similar to those applying to statute barred debt. If sections 77, 78 or 79 cannot be complied with so the debt cannot be enforced in the courts, this does not mean that the debt disappears, and it is perfectly acceptable for a creditor to seek to pursue the debt. It is also acceptable, in this context, to register accurately any arrears or default with a credit reference agency. However, if they were to threaten court action, knowing that judgment will not be possible and that therefore court action will not actually be taken, this would be judged by the OFT to be misleading and oppressive.

 

link for document near the bottom of this page:

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

 

Hope your right DX!

[Rosskie]

also guidance for borrowers

 

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1266.pdf

[heidda]

Thanks for the replies folks.

 

 

Should I send a CCA reminder to them?

 

 

Am I correct in saying that my account is currently in dispute due to me requesting this

so I don't have to pay the arrears until this is sorted?

 

 

Worst case if they do produce a CCA and I have to pay as I wont be able to defer

 

 

is there any way to do this apart from signing their DD form?

 

 

Would they take a cheque etc?

[heidda]

Rosskie, I was reading your thread and you mentioned that you paid off your arrears. Did you send them a cheque to do this?

[dx100uk]

you pay anything you most certainly wipe out the statute barred route.

 

 

although not directly related to this thread

 

 

nor this forum

 

 

it needs to be noted that it is fast becoming apparent

some posters are not all they appear to be

 

 

i'll say no more.

 

 

be careful what you read and believe

in as far as what others have / have not done.

or what they say they have/are doing

 

 

dx

[heidda]

How long would I have to wait before I can apply for it to be statute barred?

 

 

Going back to what was written earlier

 

 

the SLC did not mark my credit file before and

 

 

a few times I did not defer on time and

I got fined but I got the fines refunded and SLC sorted out my accounts.

 

 

I think this what the compliance refund was all about.

 

 

If they do send me a copy of signed CCA can I still go down the statute barred route?

 

 

In the mean time is it advisable to just to do nothing and wait for the CCA to arrive?

 

 

I have an acknowledgement letter from Erudio for the CCA.

[dx100uk]

asking for the CCA does not reset the SB clock.

 

 

dx

[Rosskie]

Above is certainly correct - SB wont be reset by asking for CCA's, but deferring will reset, so I expect you still have a long wait! 5/6 years from last acknowledgement on the debt I think.

 

You could still get it SB'd if you ignore everything for 5/6 years, but that will surely have many implications? Personally I don't know what they are, but if it were that simple everyone would do it.

 

I paid arrears by postal order, was less than £1. Is was due to those arrears that I got the reduction in debt thinngy, you may have the same, possibly a similar amount.

 

I'm not fussed about getting SB'd or anything, I honestly am of the opinion that I borrowed, and I will repay if/when I meet the threshold. In the meantime tho, I wont be bullied into new terms or do anything I'm not required to do. I paid the old arrears from 2010 to keep my account in good order so that it can be written off if I make it to the 25 year cut off. The arrears I've currently accrued are because erudio didn't accept my deferment application when they should of, so I'm fighting them on that.

 

Try sending a SAR to the SLC - if they enclose a copy of your agreements Erudio will get them eventually, in which case they will surely eventually comply?

 

I dont know if I'm missing something but I fail to see the point in a CCA request anymore. Its not an offence for them to send them outwith the timescale anymore, and when they do turn up, your back to square one with potential implications. Guess if they dont turn up within 5/6 years then your onto a winner, but thats got to be a long shot!

 

I am no expert, so, please dont take anything I've said as accurate, its only my understanding of what I've read in the last few months, and I have no previous experience of stuff like this.

 

DX - your input is very useful and appreciated, but it would be helpful if you could give some detail or ever references to support what you post as its often conficted elsewhere so is therefore difficult for novices like me to assess. Taking what someone on a forum says in blind faith is surely something we should all avoid.

 

Hope that helps

[Rosskie]

Also I'm no erudio mole, if its me your implicating! But I am often confused by the advice + dont buy they 'they are just a dca' line, I need more than that before I commit to a course of action.

[dx100uk]

no not you you're far too green to it all.

 

 

its worthy to go read up on thesis/link/slc

 

 

and the honours student loans debacle too.

 

 

both of those are the same basically as what is now happening with rodeo.

 

 

dx

[heidda]

If Erudio do produce a CCA then could they mark my credit file? I will be sending a SAR to SLC to see what paperwork they have.

[BRIGADIER2JCS]

If Erudio do produce a CCA then could they mark my credit file? I will be sending a SAR to SLC to see what paperwork they have.

Wait for the SAR data before doing anything.

 

 

For clarification:

Statute Barred in England and Wales = 6 clear years with no payments or unequivocal written acknowledgment of a debt.

However the debt still exists and remains payable, until the debtor informs the creditor in writing that the debt is statute barred and they will not be paying.

 

 

Also the OFT ceased to exist earlier this year the regulator is now the Financial Conduct Authority (FCA).

[heidda]

What account/reference number is to be used in the CCA request to Eurdio. Is the Eurdio reference sufficient or should it be the original SLC numbers for each loan?

[Pluthero]

Send them everything,

all loan numbers,

Erudio ref numbers,

a blood sample,

a letter from a priest or civil servant,

a passport photo,

your birth cert,

your parents marriage cert if applicable,

your Blue Peter badge if you have one,

your student travel pass,

a photo of yourself taken in the students union

as they are so incompetent they will probably find some way to mess it up

 

J/k Send all original loan numbers/Erudio ref numbers.