Erudio again!

[zaly]

that's a std letter nothing specific to erudio.

 

dx

 

Are you referring to the top letter? It had an Erudio letterhead. Or do you mean the second one is a standard one? Not sure I'm understanding what you mean.

[zaly]

Sorry dx, cross posted. Guess I'm just stressed about getting these letters and wanted to get them to stop until they deal with the CCA.

[dx100uk]

the pay us etc letter

 

is a std format letter arrows send out

 

autogenerated by a computer

 

as are 99% of DCA letters

 

dx

[zaly]

the pay us etc letter

 

is a std format letter arrows send out

 

autogenerated by a computer

 

as are 99% of DCA letters

 

dx

 

Thanks dx,

 

I think I need someone filtering my mail for awhile so I don't have to see them and get anxious,

 

which I guess is the goal for these people to get you so worried that you end up paying out to them.

[zaly]

Just another update from me.

 

I keep receiving regular mail for Erudio to state they are 'investigating issues brought up in my letter'

ie CCA request.

 

No further payemnt requests recieved however

I have recently started recieving persistant telephone calls from them.

 

Ive been ignoring them but

answered today,

some chap asking for all the details of my name, address, when and where I took out my loan.

 

I ended up putting the phone down as I'm at work but

 

I'm wondering what the purpose of these calls is.

 

He stated that there is a problem with my account

(yes - that will be that you havent replied to my CCA request Erudio!).

 

I'm wondering how best to handle these calls.

I'm tempted to say I will not discuss anything over the phone

and if there are any issue Erudio should contact me in writing only.

 

Just pondering what game they're playing here??

 

Legally there's not much they can do until they've responded to the CCA is there?

Thinking thats maybe why they are calling instead of putting anything in black and white.

 

Sorry Pluthero

I have no idea about sueing for breech of contract but I would imagine it would be a

long, expensive and stressful process. :0

 

( I find the whole thing incredibly anxiety provoking but I'm not going to be pushed around by these clowns.

[dx100uk]

Just another update from me.

 

I keep receiving regular mail for Erudio to state they are 'investigating issues brought up in my letter'

ie CCA request.

 

No further payemnt requests recieved however

I have recently started recieving persistant telephone calls from them.

 

Ive been ignoring them but

answered today,

some chap asking for all the details of my name, address, when and where I took out my loan.

 

I ended up putting the phone down as I'm at work but

 

I'm wondering what the purpose of these calls is.

 

He stated that there is a problem with my account

(yes - that will be that you havent replied to my CCA request Erudio!).

 

I'm wondering how best to handle these calls.

I'm tempted to say I will not discuss anything over the phone

and if there are any issue Erudio should contact me in writing only.

 

Just pondering what game they're playing here??

 

Legally there's not much they can do until they've responded to the CCA is there?

Thinking thats maybe why they are calling instead of putting anything in black and white.

 

Sorry Pluthero

I have no idea about sueing for breech of contract but I would imagine it would be a

long, expensive and stressful process. :0

 

( I find the whole thing incredibly anxiety provoking but I'm not going to be pushed around by these clowns.

 

you certainly need to be stating writing only

 

you need a papertrail.

 

just remember, however they want to tart it up

 

diff company name from arrows

trying to hide themselves

[just like LINK tried to do with the THESIS name]

 

THEY ARE A DCA

and what you get it the std script jockey on the phone.

 

I doubt very much if they are not exactly the SAME staff that chase debts for arrows

and prob in the same place/desk/call centre]

 

dx

[zaly]

..and the saga continues...

 

I've still not recieved a response (other than a letter stating the legal team are 'looking into it') to my CCA request.

 

The phone calls stopped after the last one and nothing for awhile, until I recieved a statement from Erudio, with my account details and my'arrears'.

 

I have since them recieved another demand letter - I'm guessing the statement triggered auto letter sending by their system - its just the standard letter again.

 

I understand that I'm not obliged to give them anything or do anything until they have appropriately dealt with my CCA request

as I believe they are legally required to do, I'm just wondering if I should send another letter to this effect?

 

 

Stating that I do not acknowledge this debt with them,

that I have sent in a CCA request that has not been dealt with despite their legal obligation,

and that I will not be responding to anything further until this is done.

 

As Ive said before I'm way under the threshold for repayment anyway but I'm just not willing to get bullied.

However I do find their letters stressful and as others have said tantamount to harassment.

 

Should I also be reporting my complaints anywhere?

 

Ive found this forum really supportive and I'm grateful for your responses

- help's me keep my resolve when I'm feeling stressed out with it and waivering!

[dx100uk]

pers I'd sit on your hands

 

 

dx

[zaly]

Thanks guys - I kind of wish I was made of stronger stuff but I'm finding this stressful and its been on my mind all weekend.

 

I started wondering if Eruidio could claim that the information they sent out regarding my loan could be classed as a response to my CCA request? A lot of the info required would be the same and I don't think they're obligated to give my a copy of my signature from the original contract? Or am I just winding myself up some more? They certainly havent said that anything they have sent has been a response to the CCA letter from me, they have only sent out the letter from their 'legal counsel' (as above) which interestingly doesn't mention CCA at all.

 

Pluthero - I will send on my complaint to the FCA - strength in numbers like you say. I'm also going to write to complaints at Erudio - I know it'll be as much use as a chocolate tea pot but I think I feel like I need to do something, and at least if it ever does go to court (unlikely I know) I can evidence that I did everything possible. I will also complain to the FOS as I haven't done this yet either.

 

It would be fantastic if a lawyer was able to take this on!

 

Oh government, thank you so much for selling on my loan which had been happily dealt with for the last 14 years to these debt collecting cowboys.

 

I guess from here the only way out is through ( they'll just be arguing over my 'arrears' now even if I did sign their paperwork) - so onwards and upwards I guess.

[zaly]

Okay email and complaint letter sent, also stating that I will not be responding again in any way until my CCA request is dealt with. I know I didnt need to contact them at all but it made me feel better doing so.

 

I hadn't written to Erudio Complaints dept. so I need to let that process then go on to complain to FOS & FCA.

 

I suppose I should be checking my credit file...

[Pluthero]

Zaly. I think personally that erudio won't be registering loans as on Payment holiday. I will be writing to ICO on Thursday about how they feel about this very issue as it may breach the data protection act as the original loan agreements were not specific about whom our data could be shared with and to what purpose.

[zaly]

Thanks Pluthero - would be keen to hear any updates.

[zaly]

Another letter today

 

 

- this one is more unnerving to me.

 

 

States that if I don't contact them by phone within 14 days they could put my loan into default

and I would lose my right to defer and age related cancellation of the debt.

 

 

Also threatening legal action and debt collectors (which is funny as I'm pretty sure that's what Erudio are).

 

I'm getting twitchy,

 

 

I know putting loans into default is exactly what they would want as then they stand more chance of getting some money back for this debt they've bought,

but I don't want to end up in that situation.

 

 

I thought the CCA request meant that they would be unable to do this

 

 

but these letters just keep on coming and

 

 

I've had no response from my letters explaining that I have already submitted a CCA

and they cannot legally pursue this debt until they have responded to it

(although they would have only received them late last week

so with their rubbish administration they probably haven't even been read yet).

 

I'm feeling stressed out with all the letters and demands to the point where I'm dreading the postman coming :

0( I think the law is on my side but nothing seems to stop the harassment.

If they pass the debt on to another debt collector wont the harassment just increase?

 

 

Sometimes I think I should have just signed their paperwork as I'm not up for the fight.

 

 

Feeling a bit defeated.

[dx100uk]

you have explain exactly how DCA's work.

 

 

that's what they want you to think and do.

 

 

DONT!!

 

 

no CCA bugger all they can demand from you

only ASK

 

 

and yu ask them to go away in return.

 

 

 

 

 

 

dx

[Pluthero]

I believe those letters are automated.

 

 

I complained about them in my first letter to Erudio saying I was harassed

and distressed by them demanding money from me when they had evidence I am under the deferment threshold.

That was their response - sorry for the distress they are automated letters!

 

Think you are correct - no CCA, no debt. Others on this forum will probably explain/know more about that.

 

It is stressful getting letters but I am more angry with these chancers - not one penny shall they receive whilst I am under the threshold.

 

The law is on your side. This is what DCA's do - letters and threats!

 

A lawyer has said on another thread he is starting proceedings against Erudio for someone

. It does look like only the threat of court action is gonna make Erudio back down.

 

 

The FOS and the ICO from what I understand thus far are not going to be a great help.

 

 

But I have all my paperwork/emails and responses so I had tried every avenue to resolve this matter before court action.

 

Will post any updates back here.

 

(looks like DX got in there with a response whilst I was typing!)

[zaly]

Thanks again.

 

 

Their tactics clearly work as I'm feeling incredibly ground down by the whole thing

and questioning and double questioning myself when I'm pretty sure I'm in the right.

 

 

The threat of taking away my deferment option and cancellation is a good one as obviously I value those things!

 

 

Having read your advice DX and re read their letter it is interesting to note that they say that not responding in 14 days

"could lead us into taking steps to default your account", not 'will'.

It really feels like harassment.

 

 

I think you're probably right about them being automated letters Pluthero as they've all restarted after my annual statement arrived.

 

 

Guess that started up a whole new automated raft of letters from them after having nothing since June.

 

I haven't sent in evidence of being below the deferment threshold as I believed the CCA disputed the debt with this company

and I was concerned that sending in evidence could be taken as acknowledgement?

Wondering if I should send anything in now?

 

Also can they just put me in default?

How does that process work?

Would it then have to go to court for the default to be changed?

 

Its so frustrating,

I am completely within my rights to defer as under the threshold and happy to supply the paperwork as I always did.

I guess that really isn't in Erudio's interest though is it.

Feels like this could rumble on for years.

 

Reassuring to hear there is a legal bod taking up the case.

[dx100uk]

I would suggest by your low post count

and the way you are 'worrying'

 

 

that your dealings with DCA's are few and far between.

 

 

your best bet,and not only with regard to SLC loans

 

 

is to go read about arrows/lowells/link.

 

 

using our search.

 

 

there is nothing to stop you

or anyone

carrying out the same deferment process

using the same old paperwork , the same way as with the SLC

 

 

if you've not done that already

 

 

they CANNOT refuse it

[zaly]

Your spot on DX, never dealt with a DCA before so please forgive my naivety.

 

 

I will go look through the info as you suggest.

 

Given that they cant refuse the deferment info as you say

 

 

would it be wise to send that in to them now

 

 

or is it better to wait for them to deal with my CCA request?

[dx100uk]

theres bugger all they can do to your without an enforceable CCA.

 

 

If this were a 'std debt' like say a creditcard they can mark your file

 

 

I however have my doubts

that they are actually allowed to mark your file with regard these student loans.

 

 

if people sign these new T&C's then yes

 

 

but as it stands no - IMHO.

 

 

my thoughts are still undecided

if using the old forms takes away

their ability to trash your cra file

as they think fit.

[Pluthero]

The whole CRA reporting issue is still not clear.

 

 

Was talking to another Poster about what ICO have ruled/said.

 

 

They said section 16 of original loan agreement made it OKAY to share our info with CRA's and to take the issue up with Erudio.

 

 

But will be trying to get a more senior opinion from ICO as Student Loan Literature/advice today states clearly that Loans will not affect future credit or finances.

 

I still don't think Erudio will do it personally as its a contentious issue and possibly raises a mis selling argument about the original loan agreement.

[zaly]

Another quick update.

 

 

Complaint letter sent to Erudio back in mid October.

 

 

Received a letter back from them stating that they had recieved it and would respond within 14 days.

...still waiting on that one!

 

I put in my complaint to the FSA at the same time,

with all of my documentation including the official CCA request.

 

 

FSA have written to Erudio and written to me to confirm this about a week

or so ago giving Erudio a timescale to respond.

 

 

Nothing so far...

[zaly]

Can anyone advise on the latest?

 

 

Its Erudio's official response to my complaint via the FSA.

 

 

They have deliberately ignored the fact that I requested a copy of my CCA not the NOA!

 

 

They are also still demanding I sign their forms and wont be removing

any of the arrears they've applied while I've been waiting for them to send the CCA.

 

 

Oh, but they will be bunging me £50.

[citizenB]

You must let them know that they have indeed misunderstood your complaint, if they are focussing on the NoA when you are requiring sight of the agreement.

 

They say they are "doing things differently". Without sight of the agreement, you have no idea, if they are permitted to change the terms of the original agreement.

[dx100uk]

my notes:

 

 

the method of deferment IS in the T&C's else how could SLC made their form.

 

 

still cant see why you need to use THEIR form

and agree to @THEIR@ new conditions, no def never sign your life away to them.

 

 

send a copy of the old form from SLC

 

 

if it was good enough for the OC, it must be good enough for the debts buyers.

[zaly]

I intend to get back to them on a number of points;

 

That they still haven't responded to my request for a copy of my CCA despite this being asked for in the appropriate manner. They also don't seem to intend on responding to the CCA request at all based on their letter so basically they're demanding I pay them money without any evidence whatsoever that they are legally allowed to ask for it.

 

The 'arrears' charges are a complete joke as the account should, I believe, have been put 'in dispute' from the CCA request letter and no charges should have been applied at all. They are in effect fining me for their own ineptitude in being incapable of responding either appropriately or within a reasonable time frame to anything.

 

Their claim that I have to fill in their forms for parity I also feel is a complete joke. Clearly there was parity with the other forms that I've been using for the past 14 years. What causes disparity is introducing some new form that half the people fill in and sign and half don't.

 

I will again be asserting that I will not sign their forms and agree to their new terms and conditions and I will also not be giving them my bank details or the excessive and unnecessary demands for information.

 

There will probably be more once I look at the letter in detail. Will be sending it to the FSA also.

 

I will probably send in the old form and evidence as suggested. Is there any issue with doing this though as they will then have my signature?

 

Thanks Pluthero for your info. It's heartening to hear that there has potentially been some movement.

 

I'm putting a pin in it all now till after Christmas - as I've said before I find it all incredibly stressful and want to try and have a nice time with the family and forget about these jokers for a week or so.

 

Thanks again for everyone's support.