erudio - 3 months past deferment, what happens now?

[Rosskie]

Hi folks,

 

Firstly sorry if this has been covered elsewhere,

 

I've had a read thru the forums but not seen anything

+ not found any success on google.

 

I'm one of those who got a loan in 1998 and stayed on the old system till 2002

and as such have the recently sold-on mortgage style loans.

 

I received a letter today stating that

 

"...issue with some correspondence sent to you in the past..."

"... could be interpreted as not having been fully compliant with the consumer credit act 1974..."

"SLC would like to apologise for this, and as a result you will receive an overall loan balance reduction of £1395.80."

 

My question is

- if they've not been compliant

then can they enforce the remaining debt?

 

I've always been in deferement and I have no idea as to what they might of done...

 

I'm a complete noob when it comes to debt, learned what SB means by reading forum tho!

 

Cheers guys.

[citizenB]

Very interesting.. I will flag your thread for those on the site team who might be able to advise.

[WarrenBuffet]

Have you contacted them by letter or telephone asking for a full explanation as regards non-compliance?

[dx100uk]

get in there wb!

 

dx:lol:

[dx100uk]

me thinks a CCA request might be funny here.

 

is this the only slc loan you have?

 

dx

[Rosskie]

Hi folks

 

Bit more info

- the letter is the notification of transfer to Erudio one, just with the extra info about the reduction.

 

In the FAQ that came with the letter,

changes in the balance are addressed are relating to charges and interest that were non-compliant.

 

I didn't think I'd had any, but I cant be sure at this stage.

Doesn't answer any questions but thought it might be important.

 

I've not requested further information no, only just got the letter - but I certainly will be.

 

I'm still reading thru posts and picking up some of the options borrowers have, SAR and CCA requests. I'm not sure what to do right now,

but I'll keep reading and should get a good idea.

 

I have 4 loans with them, all mortgage style and grouped together.

 

As a side note

- a friend with far more knowledge about these things recons since the debt was crown and is now private it'll be SB anyway,

as no payments have been made.

She also thinks deferment wont of restarted the clock.

Any input on this, might be one for another thread tho...

 

Back on topic - nice of them to randomly let me know about this, can only assume its a pretty big mistake if they are just handing out 1000's of pounds to a borrower without request.

 

Thanks folks

[WarrenBuffet]

Deferment is acknowledgement so it will not be S.B.

 

The first id do is as dx recommends, send them a SAR (SLC)

this will contain all the info SLC have on you and what has occured on your account over the years,

most importantly it should demonstrate their non-compliance?

 

CCA is for debt collection agency

ie: not the original creditor and its to prove that there is no signed agreement between you and them.

 

PS: Always remember to not sign any letter you send to DCA,

just use a fancy font to do your signature and do not trust anything both the DCA and SLC tell you,

you will have to investigate everything they tell you...yourself!

 

PPS: What has just happened to you as regards admission of non-compliance is pretty much unheard off, so we are all very interested to know why?

[Rosskie]

From what I've read so far about them they certainly dont seem like the type to make life easy, and this does seem out of character!

 

They did say 'could be interpreted as being non-compliant' rather than actually admitting it was, but the refund makes it clear they know it's non compliant.

 

I'll send in a SAR in the next few days and keep the thread updated.

 

Cheers Warren - I did think deferement would do that. Reading your thread the now....

[dx100uk]

CCA REQUEST to Erudio one

don't sign the letter

don't sign tto Postal order

leave the payee

blank

 

if you know the account munber [o rwhatever ] for EACH loans

you ideally need ONE FOR EACH LOAN.

 

i'd also be sending each CCA in its own envelope.

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?412611-Go-t-has-sold-ALL-remaining-old-style-student-loans-to-Erudio-one-Arrow-global

 

any chance we can see the letter rosskie?

 

redact and attach as a PDF.

 

follow this guide:

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [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!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[WarrenBuffet]

Hi dx, the SLC did the same thing as they did with mine.They have sold on all 4 loans as a single unit thus grouping all four under one loan title/reference.

 

......Just had a thought! .......If Rosskie has not broken any terms of his/her agreement and the SLC have then sold on loans under one loan title which, is in my experience the last student loan taken out. Can they legally do this? have they shot themselves in the foot as they have wiped the other three loans in doing this, and therefore the OP is now only responsible for the final loan they took out, on its original terms and at its original amount not its current reconstituted amount?

 

...dx do you have any thoughts on this? Or is it a legal matter where Andy should be approached.

[Rosskie]

Sure - I'll get the letter up tonight.

 

All this stuff is completely new to me, but finding it very interesting.

 

Thanks for advice so far

Edited March 2, 2014 by Rosskie

[Rosskie]

ok, letters should be attached. Quality isn't the best.

 

cheers

[Rosskie]

should of included this too i think - does the bit at the bottom affect the SAR??

[dx100uk]

regardless of sale an SAR always goes to the original creditor

 

dx

[Rosskie]

Hi folks,

 

Gonna get the letters sent off and just want to check some stuff.

 

I've not adjusted the wording of the standard SAR letter, it looked fine - and will be sending it recorded delivery to

Student loans company limited

21 ST. THOMAS STREET

BRISTOL

BS1 6JS

 

I'll be sending it with a £10 unsigned postal order and will leave the payee blank.

 

I was going to sign the letter as they have had multiple letters from me in the past.

 

I'm pretty sure I should still be sending it to the SLC, but the letter says Erudio is now responsible (as data controller) for personal information. I assume that refers to future information? And I'm sure you’ve already addressed this in your last post DX.

 

CCA's being sent as advised, singularly, postal orders unsigned with no payee. All being sent recorded delivery.

 

Again, I've not altered the wording of the standard CCA, but omitted the blue section.

 

All sound fine?

 

Cheers

Edited March 4, 2014 by Rosskie
spelling

[dx100uk]

as ssaid SAR goes to the OC.

 

sign the sar

if you have moved since

inc a list of your old addresses and a CTAX bill copy from today

 

CCA's don't sign them

 

dx

[WarrenBuffet]

I sent my SLC SAR to their Scotland Address, not sure if its relevant or not?

[Rosskie]

I went for the one provided via the link on the SAR page. It's the same one that's on the latest letters, but I'd always written to Glasgow before, and my loans are for a Scottish uni. Sent now so time will tell! Imagine they will communicate with each other

[Rosskie]

Quick update

- SAR has been acknowledged, but

 

no reply from the CCA requests which were posted by me on the 4th,

so I think they are now in default.

 

Erudio have sent me a deferement application,

but I assume I should ignore this until I get CCA's?

[Rosskie]

Think I might of jumped the gun with the timing, 12 + 2 working days - 12 calander days + 2 working?

[dx100uk]

working days

 

dx

[Rosskie]

Another quick update, I've been snowed under. Got my sar, 345 pguysages, not had chance to go thru. Not got the ccas so they are now in default.

 

So, should i send in my deferment application? I assume i can still defer later since the debts now in dispute?

 

I'll send reminder letter/account in dispute letter + complaint to OFT.

 

Will update with SAR details once I've extracted them.

 

Cheers

[WarrenBuffet]

You will probably find when you study your SAR that the SLC will have emailed the DCA a copy of your SAR . They are in default but now send the stage 2 letter. You will receive the same original signed agreements between your self and SLC as they now will have the same documents as you will have ...eventually ?

 

For now, take the time to study your SAR and see if there is anything strange held within? I would be paying specific attention to their 'Breach of Contract' and if you can establish what and why then, please post here. If you don't understand post here also as dx and a few others can better advise. I personally feel that an admitted 'Breach of Contract' makes the contract null and void? ..........however! I am not in any way legally qualified, therefore take that with a pinch of salt.

 

Do NOT return deferment form, just send "Account in Dispute" template and DON'T SIGN ANY CORRESPONDENCE WITH THESE PEOPLE.

 

PPS : IF/when you ever do return deferment do NOT sign that either and write 'N/A' as regards their new invasive questions that were never asked by SLC.

[Rosskie]

Cheers Warren,

 

Had a look over my SAR - dry stuff... Cant find any reference or written explaination of what happened, hoped to see a note on the file explaining things! The inital letter said "problems with correspondance that has been sent to you". There may be something going on around 2010 in relation to deferment as I was fined £20, but this was reversed.

 

If the refund is interest charged subsequent to their dodgy correspondance - then that takes me back to oct 2010.

 

Other thing i spotted - the file is incomplete, there is no copy of my deferement application in 2011, and the inital letter I received about the refund hasn't appeared in the SAR anywhere, surely it should be??

 

Bit stumped. Any ideas?

 

The fine in 2010 was issued because they refused my deferment on the basis of no form returned, I'd mis-placed it moving house, but had written to them with proof of income. Then was on honeymoon which delayed my replying with a completed form.

 

Actually, the fine was made up of 4 x £5 fines, one relating to a reminder letter for each loan held, although only one letter was actually sent, could that be it?

 

Cheers