Erudio: CCA overdue - send deferment now or play waiting game?

[Atloantis]

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.

[WarrenBuffet]

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.

[Atloantis]

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.

[fkofilee]

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 ?

[fkofilee]

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

[dx100uk]

old and new threads merged

 

 

please keep to one thread

 

 

dx

[dx100uk]

hello..

 

 

a recon is no good

 

 

they need YOUR SIGNED agreement.

 

 

and they know it.

[Atloantis]

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...

[dx100uk]

scan them up please.

 

 

if its not signed

its NOT enforceable & they are trying it on

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGi

IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

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

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

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)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

[dx100uk]

they have NO SPECIAL POWERS END OF

 

 

dx

[renegadeimp]

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.

[Atloantis]

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?!

[dx100uk]

where are they then?

 

 

dx

[Atloantis]

The pigeon should be delivering them right about now.

Must not have attached correctly the first time. Sorry!

[Atloantis]

To admin - as the attached scans haven't been referred to since being uploaded, I respectfully ask that they be removed from the thread (it appears I cannot do so myself?).

 

Many thanks.

[dx100uk]

they are not harming you.

 

 

so where are you at now

holding off on rodeo.

[Atloantis]

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?

[dx100uk]

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