Erudio again!

[zaly]

Hi,

I'm reading with interest as in a similar position.

 

I'm not liable to pay as my income is way below the threshold but

 

I resent Erudio's bully boy tactics and their requests for information that was not required when I originally took out the loan.

 

I have not sent or signed anything so far and my defferment runs out at the end of May.

 

I have however sent 3 emails to the company regarding their request for a P60 (which I wont even recieve from my employer until May)

and about ensure safe reciept of documents.

They have responded once 19 days after the original email was sent. I wont communicate with them by phone.

 

As it stands they do not have my signature nor bank details and I am loathe to give them either but like most peole here I really dont want my credit file affected.

 

I was thinking that sending a CCA might be a good place to start and to hopefully get my account put into dispute. Is there a template for the CCA request anywhere?

 

I may be wrong here but if I dont actually send them anything,

and dont sign or give bank details,

other than harassing me what powers would they have.

 

They wouldnt want to take me to court due to costs, they presumably cant affect my credit

and they have not signature from me, and they cant take my money wthout bank details.

Am I missing something?

[zaly]

Im quickly reading in my short break at work so not having time to scan through previous posts in detail.

 

I am not required to pay back my loan to Erudio as I am well below the threshold but

 

I completely resent their bully boy tactics and them asking for information that was not required when I originally took out the loan.

 

I have not sent or signed anything so far and my defferment runs out at the end of May.

 

I have however sent 3 emails to the company regarding their request for a P60 (which I wont even recieve from my employer until May)

and about ensure safe reciept of documents. They have responded once 19 days after the original email was sent.

 

I wont communicate with them by phone.

 

As it stands they do not have my signature nor bank details and I am loathe to give them either but like most peole here I really dont want my credit file affected.

 

I was thinking that sending a CCA might be a good place to start and to hopefully get my account put into dispute.

 

Is there a template for the CCA Request anywhere?

 

I may be wrong here but if I dont actually send them anything,

and dont sign or give bank details,

other than harassing me what powers would they have.

 

They wouldnt want to take me to court due to costs,

they presumably cant affect my credit and they have not signature from me,

and they cant take my money wthout bank details.

 

Am I missing something?

[Rosskie]

Just my opinions - I'm no expert!

 

P60 - tell them to shove it, they only have the right to assess income over the relevant month, not a yearly average, so why need a p60?

 

Send a CCA, one for each loan - I'm led to believe that they dont actually have the credit agreements at this time and have to get them from the SLC, it'll hold things up, and might just eventually result in statute barred. Ironically by typing CCA request you linked to the template your after.

 

If you ignore you'll go into default (assuming they have responded properly to your CCA request), your loan wont be written off at 50, you wont be able to defer in future. They might take you to court, they will be within their rights. They are now the owners of the debt so DO have some rights, they can affect your credit rating.

 

If your below the cut off then why not defer? Look at the credit agreements and determine what you really need to do to defer, do that and stick to it. They'll whine but they legally cant refuse deferral just because you don't do what they ask.

 

OT: Might be an idea to start a thread with a definitive description of whats legally required to defer with Erudio? The opinions on this website are far more clear cut and less prone to intimidation than on other sites. I would certainly value the input.

[zaly]

Thanks Rosskie.

 

I'm just filling out the CCA now to send off today.

 

I still have some concerns about them putting my loan into default as they haven't received my deferment in time.

 

have however got evidence of the 3 emails I've sent and the 1 response that took 19 days

to arrive which would have delayed things anyway.

 

I'm guessing that putting in the CCA request will definitely delay things beyond my current deferment period.

 

Would sending the CCA automatically put the account into dispute

and give me some leeway in terms of timescale?

 

I'm just getting nervous about this nasty company using anything they can to demand payment in full.

 

Ive got really good credit and I don't them to ruin to for me.

 

I'm tempted on one hand to just fill in what they ask for to get them off my back

but as I don't have a P60 I'm sure they'll just be endless letters chasing it anyway.

[WarrenBuffet]

Hi Zaly, they cannot enter anything on your credit record as you have not signed any of their forms......... If they did..... they would be in trouble and you will be able to have it removed legally.

 

The email evidence is good and backs up your story.

 

Sending a CCA is more commonly known as a 'Prove it' letter, ie: you do not beleive you have any contract with them and as Rosskie has found they have failed to reply in the 12+2 working days which will automatically put account into dispute. However, by just sending CCA in you do not need to reply to their deferment deadline.

 

Oh! one other thing, do not sign anything to these people, get a partner, family member to sign for you as you can stand before a judge and say there is no signature of yours with eurido and your friend - partner - sister - brother can state it is their signature.

 

Again i will say, do not fear their bully boy tactics as when you start to fight back you will find they are just idle threats. As for your P60, tell them to go to hell and you will only provide the details as you provided for SLC for last 10-20 years and nothing more. I really do feel that someone needs to really challenge them on moving goal posts as regards deferral questions.

[zaly]

Hi Zaly, they cannot enter anything on your credit record as you have not signed any of their forms......... If they did..... they would be in trouble and you will be able to have it removed legally.

 

The email evidence is good and backs up your story.

 

Sending a CCA is more commonly known as a 'Prove it' letter, ie: you do not beleive you have any contract with them and as Rosskie has found they have failed to reply in the 12+2 working days which will automatically put account into dispute. However, by just sending CCA in you do not need to reply to their deferment deadline.

 

Oh! one other thing, do not sign anything to these people, get a partner, family member to sign for you as you can stand before a judge and say there is no signature of yours with eurido and your friend - partner - sister - brother can state it is their signature.

 

Again i will say, do not fear their bully boy tactics as when you start to fight back you will find they are just idle threats. As for your P60, tell them to go to hell and you will only provide the details as you provided for SLC for last 10-20 years and nothing more. I really do feel that someone needs to really challenge them on moving goal posts as regards deferral questions.

 

Thank you for the reassurance re the deferment deadline!

 

I do find it all incredibly stressful - I'm a bit of a worrier unfortunately,

but I'm just not going to let this company bully me.

I really do hope something gets done about this.

 

It seems absolutely crazy to me that this has been allowed to happen.

They have clearly changed the T & C's and their take over is to the detriment of borrowers

but they seem to just be getting away with it.

 

I've only got 8 years till the debt is wiped and was hoping to ride that out fairly peacefully - oh well.

 

Erudio certainly don't seem to be coping very well, miserable staff, unanswered emails, 2 month delays

- we'll have to see how it all plays out.

[Rosskie]

I echo your sentiments entirely Zaly, and am worried about missed deferment, but legally they are in the wrong if they dont comply with your request.

 

As for deferring, they have rolled over on a lot of their demands. You don't need a DD in place, they don't need a P60, and if you are legally entitled to defer they cannot refuse it, although they may try. Just be firm. If they ever send you credit agreements you can study and T's and C's to see exactly what is required and write to them with the evidence you need.

 

I'm sure there will be a template letter posted somewhere at some point with all the key points and bases covered, you dont need to use their forms either, despite what they say.

 

Warren - I understand about them being in default of the CCA, and account in dispute - could you comment on this though - http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements#.U2Ps-1dWiVp - why does it say they 'can send a default notice'? I assume its in a similar irk to "can ask debtors to pay what they owe", in that is a pointless activity with no real action. I.e. a letter saying "your in default", but with no real substance or legal implications to it?

 

Figured it was a question you would be interested in too Zaly!

[Rosskie]

Oh and dont bother phoning, everything in writing

[WarrenBuffet]

Hi Rosskie, my understanding and this was from the legal advice i received from AndyO in my thread is that as they are not the Original Creditor they will have difficulty dishing out any of those penalties.

 

I understand that when they bought the debts from SLC that they do in theory become the Original Creditor but, they need your signature to acknowledge this transfer in one form or another hence why the advice is to not sign anything.

 

I do find it a grey area myself and hope that dx or AndyO or one of the other very knowledgeable CAG members will explain better? .....but i beleive it boils down to you signing one of Eruido's forms (Deferment form) that grants them authority, as they are not the OC .

 

That is my understanding and im happy to be corrected if i am incorrect.

 

...One other thing, a NOSA or NOSIN (Notice of Sums In Arrears) letter is and i quote dx here ...

' a letter they will send you every six months if they THINK/BELEIVE that you are in Arrears.'

 

I recently received one from Link and dx told me to do nothing, as nothing will appear on CRA ........so it appears to be another hollow threat from dca's and an attempt to intimidate you into paying.

 

dx stated to me ...'If debt once showed on your CRA file and has gone through a previous default or it never showed, then it cannot suddenly appear. SLC debts rarely show on CRA's as they are Gov debts.'

 

So. as you have already concluded there is not anything legal to worry about and good material for lighting your living room fire come winter time.

[WarrenBuffet]

Rosskie , ignore first half of post above as i know you understand ... must have been having a few glasses of wine and went off in a tangent.

 

The NOSA or NOSIN bit answers your question i hope? They are nothing to worry about as you have already realised.

[Rosskie]

Zaly - this should interest you.

 

Cheers Warren, i really appreicate your input - some conflicting opinions on other forums about the status of a misssed CCA request have got me thinking.

 

Its been stated that account wont legally be in dispute, and that defaults can be issued. Also is seems missing a CCA deadline has no real implications if they then supply the paperwork at a future date. So I'm left wondering what I can achieve by not deferring, potential default notes (t's and c's say they can) and arrears. I can defer, so I dont see an upside to not doing it. The CCA request will undoubtedly eventually be complied with, so why stick to that one vain hope of 5/6 years passing.

 

Think I'm gonna play ball and apply to defer, but without their forms. I just cant see the upside of not trying to defer.

 

cheers guys

[dx100uk]

I think there might be worth in investigating...........

 

what they are actually saying.

 

as far as I am aware

only the original creditor can issue a 'default Notice' - a DN as described in the Consumer Credit Act.

 

though...it could be that they are referring to a 'default' - as in 'default marker' regarding a debts monthly status

which as far as I am aware they 'can' place on a cra file - even if they are not the OC.

 

BIG DIFF BETWEEN a MARKER and a DEFAULT NOTICE.

 

I've never known a debt to magically appear

or be allowed to appear on a CRA file when it never has or has already fallen off

just because a debt buyer issues a 'default marker'

 

the issue regarding them not having a CCA

brings in my mind

the whole deferment form requirement into question.

 

it could be seem by you to ack the debt by sending one in [as it always does]

 

if they cant find the CCA , I question they cannot demand a deferment form.

 

dx

[WarrenBuffet]

I like your thinking dx.

[zaly]

Thanks Rosskie, and everyone else, I am very interested!

Busy bh weekend here so not been around.

 

I sent off my CCA request on Friday, not expecting a response within deadline.

 

It would seem to me at least that there should be some legal way of them 'proving'

that the own the debt (hence CCA) else anyone could get hold of debt details and write requesting payment.

 

The CCA as I understand it gives some legal backing to their claim for money.

It also makes sense to me that they need a signature of acknowledgement to do anything.

 

I'm trying to reassure myself that if I do end up in a court situation

I can argue that I've done everything I can and everything that is reasonable to resolve the issue.

 

I'm keeping a file of every single thing I can in relation to Erudio.

If they don't respond in time to the CCA request I plan on writing again

to acknowledge this and outlining my concerns.

 

I don't have any legal training but I suspect (hope) that a court would acknowledge

all the steps taken and see that it was not debt avoidance on my part.

 

I don't think Erudio will be doing much more than harassing though

as if they do start legal action surely they will have a lot of explains to do?

 

Changing T & C's, not responding to communications, not providing legal documents etc etc.

 

Just my musing and I may be wrong but logically it makes sense to me.

[zaly]

No response to my CCA request as yet.

 

Interestingly though I have had a reply to my email stating that P60's are no longer required.

 

Anyone know if they have relented on any of their other stipulations? I would personally have much less of a problem handing in their paperwork if I didnt have to provide bank details so would be interested to know if they've backtracked on that one.

[WarrenBuffet]

Zaly , i would stand firm on the bank details and state that you are fully prepared to setup a SO from your side if you are obliged to start making payments. This will clearly demonstrate that you are not attempting to dodge the debt and the fact that SO's are more favourable to DD's these days. It is a 'Reasonable' request and i would state if they reject it? that you do not trust them with your bank details however, if they provide their bank details and you both agree a monthly payment amount then you will happily arrange a SO from your end. Stick to your guns! and you will be surprised what you will be able to negotiate with them.

[zaly]

An update from me. Sent in the CCA request, recorded delivery (need to double check it arrived okay which I think I can do online but I'm assuming it has).

Today I received a letter from Erudio, no mention of the CCA request at all. Just stating that I have not paid and my account is now in arrears.

Thinking I will just reply, via email and letter stating that I have sent in a CCA request, copying in the letter sent and evidence of delivery and stating that I am still awaiting the paperwork regarding this.

Felt a bit wobbly when the letter arrived this morning but will stick to my guns.

 

Just checked and the signature for delivery is all there so CCA request definitely landed with them!

Edited June 9, 2014 by zaly

[citizenB]

If the SLC were not recording any data with the Credit Reference Agencies, I am not sure how the new owners are able to.. because, unless you sign a new credit agreement with Erudio, then they should have no more rights than the original agreement afforded the Original Owner.. or have I missed something ?

[zaly]

You would hope so citizenB, hence why people don't want to sign their forms!

 

I have now received another letter from Erudio to state they are looking into my claims in my previous letter (i.e the CCA request).

 

However I have since then received another demand for arrears payments, quite threatening,

and telling me that if I don't pay it will affect my credit rating etc etc etc.

 

it would appear that although they have clearly received my CCA and are looking into it

this has not put my account in dispute as it should have and these nasty letters will keep on coming.

 

I emailed them after the first arrived and have the hard copy with all the evidence of what has been sent/received

which I will post recorded signed for tomorrow.

 

Any advice?

 

Finding their letters quite stressful and I'm starting to dread the postman as it's increasing my anxieties.

 

I believe I'm doing everything correctly and that the CCA request is a legal requirement

so I really shouldn't be getting this hassled surely?

 

Has anyone else had any response to their CCA yet?

[dx100uk]

scan up the letters please

 

dx

[zaly]

Having some trouble uploading images, on my ipad and trying to use photobucket but they won't post.

[zaly]

Okay will try again.

[zaly]

 

Letter re CCA.

 

 

Most recent demand.

[dx100uk]

that's a std letter nothing specific to erudio.

 

dx

[dx100uk]

pers I'd not be entering into ANY more comms with them till they produce an ENFORCEABLE CCA

 

dx