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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Erudio: CCA overdue - send deferment now or play waiting game?


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Hello all,

 

Sent separate CCA requests (recorded delivery, have sigs)

for separate pre-1998 loans bought by Erudio, and no response in the 12+2.

 

Haven't yet deferred, though will easily qualify, but the deferral period is up in next few days.

 

Having read through all the recent related threads,

I'm still not 100% sure on what's best to do (or not) next:

 

Do I...

 

1) Wait until they contact me [in writing] - whether that be to respond to the CCA requests,

or to tell me I am not deferred and need to start paying - and then take it from there?

 

2) Send in the deferral form now (minus the info I'm not prepared to provide)?

 

3) Something else entirely.

 

My main concern for taking option

(1): should the CCA requests be successfully answered,

am I given suitable extra time to defer (from a legal standpoint, or due to account being in 'dispute') and if so, how long?

 

The concern for option

(2): acknowledging the debt (via deferral info) before they've provided proof of its existence via the CCA requests.

 

Any advice much appreciated.

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Until they reply to your CCA then you need not do anything.

 

 

The account is now in dispute until such times they do respond.

 

 

Ignore their threats and deadlines as the law is now on your side.

 

 

They are hoping that people will just cave in and return deferment packs but!

do NOT respond to anything until they fullfil your CCA request.

 

 

If they blemish any of your financial record then you report them to the FCA and have it removed.

 

So,

No1. If/when they do respond to your CCA you will have plenty of time to further submit your deferment.

 

PPS : I believe they have relaxed deferment deadline due to being inundated with CCA requests and their failure to meet these requests.

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  • 5 months later...

Hello there,

 

Earlier this year I made a CCA request (about 6 weeks before deferment was due)

regarding loans after their sale from SLC to erudio.

 

 

Over six months later some relevent documents have finally been sent

(copies from microfiche plus reconstituted agreements - albeit with daft spelling errors!).

 

Next step is to provide deferment information based on the original agreement

(in other words not via signing their form).

So, can you give me any advice on the following:

 

1)

At the time the CCA should have been complied with (12+2) I had over a month to continue deferring.

Since then I've been sent the usual dim-witted demands for monthly payment that has now built up arrears.

 

 

My thinking is that this should not be the case and I'm still 'owed'

the deferral time lost due to their non-compliance? (as account was 'in dispute'.)

 

So, how best to word my response to this situation?

 

2)

What's the current situation with Erudio's known 'powers' as the new owners of the loans?

Have they been 'grandfathered' or 'sneaked' in anything above a debt-collector's abilities?

Should push come to shove, are they able to take debtors to court?

 

I don't wish to end up down that road, but - to put it bluntly

- this whole situation has certainly tweaked my outlook from one of

 

 

"thank you for the loan opportunity, it's certainly helped me out and I have no hesitation in paying back in full what I chose to borrow"

to one that's closer to go away

Thank you for any advice offered.

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Erudio's new agreements highly favour them and not you.

Im not too sure about the new terms but its well known that they completely squash the original agreements. They are so invasive!!!

 

Anyway They will try to take debtors to court for this. Their forms, have you got a chance to put them up removing any personal information of course :)?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I think you maybe able to send your own I+E form providing minimal details however I would check with the site team before taking my advice on anything :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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old and new threads merged

 

 

please keep to one thread

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hello..

 

 

a recon is no good

 

 

they need YOUR SIGNED agreement.

 

 

and they know it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello dx,

 

"they need YOUR SIGNED agreement."

 

Just to clarify, what i've been sent are reconstituted agreements, but also printouts of microfiched copies (or seemingly so)

of the original signed agreements (the copies supposedly signed by me only, not the original creditor).

 

 

Now, does that lend itself more to "they haven't actually got the originals, and that's the best they can do"

or are those copies enough in themselves?

(Bearing in mind that they are fairly low res and could in theory be be doctored, as opposed to having originals).

 

 

fkofilee (thanks for your input): "Erudio's new agreements highly favour them and not you."

 

Hopefully only if you sign yourself away to them - I have no intention of doing so.

 

 

What I do want to determine though is the limit of their powers under the original, transferred terms.

 

 

Are those powers in line with a standard DCA, or have they been granted 'special' super-villain powers in the deal done with the devi...err...I mean the government...

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scan them up please.

 

 

if its not signed

its NOT enforceable & they are trying it on

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGi

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.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

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ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they have NO SPECIAL POWERS END OF

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Erudio are just a DCA. They will say and do anything, hoping you will bite, and sign the form ( which contains amendments that benefit THEM), thus making the agreement into a new one, for which they will chase you hard.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks to all for current input.

 

dx: attachment added...

 

pdf of a cca from 93, one from 94, plus a reconstituted agreement.

 

Naturally, in any "official use only" boxes, their is no official use. So i'll assume that makes these unofficial?! :wink:

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where are they then?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are not harming you.

 

 

so where are you at now

holding off on rodeo.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello dx,

 

"they are not harming you."

 

Fair do's. Though their release didn't really help me either.

 

 

Where I am now is squeezing down the rabbit hole to look beyond the initial CCA side of things

to question whether documents like these aid in a debt becoming enforceable or not?

 

 

As they are certainly not an exact copy of the original executed agreement,

 

 

my answer would currently be 'nope'.

 

 

Would your answer be the same?

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if you know you signed the last one

and that's a recon no go rodeo.

 

 

I'd wait see what their next move is

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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