erudio - 3 months past deferment, what happens now?

[Rosskie]

Hi guys,

 

I'm preparing a letter of complaint again, and have a couple questions re: my last post - hopefully simple to answer.

 

Do erudio have to notify me of arrears accruing on the account?

 

Should arrears appear on the statements I have been sent?

 

They stated my account will not attract interest untill sept 2014, does this mean its on hold, therefore cant accrue arrears either?

 

Any input should help me figure out where I stand and is much appreciated,

 

thanks

 

Ross

[Rosskie]

Talking to myself here.. but here goes.

 

The account was 40p in arrears historically(2010), erudio notified me about this on 18th july 2014. There letter also states that:

 

As long as you continue to be behind with your payments by any amount, you will be sent notices about this at least every 6 months. We are not required to send you notices more frequently than this, even if you get further behind with your payments inbetween notices.

 

Is this correct? If so I guess they didn't have to tell me about the arrears getting bigger.

 

But wait... the last NoSIR was dated Nov 2013, so the date it was issued was more than 6 months ago, even if it was received in July (still more than 6 months since nov 2013 mind you)??? This is an important one as will form the crux of my complaint if they've not met their obligations.

 

Also related to the overal thread, but not the NoSIR, the annual statements they sent say in regard to deferment:

 

repayments must be made until you are advised that an application to defer has been accepted

 

Is this correct? If so, would really like clarification on where I and others fighting them stand in this regard. If they just ignore our correspondence, then say tough, you've not paid and now defaulted, can they get away with this?

 

Thanks again.. still learning

[Pluthero]

Rosskie, pretty much in same situation. Erudio have not upheld my complaints, been abysmal at responding to anything at all. I used a cover letter to defer and its now with the FOS but not expecting them to be of much help TBH. I have told FOS that Erudio can take me to court if they wish because I am in the right. Am having some input from a lawyer and will post back any news on this thread.

 

Don't the B's get ya down.

[Rosskie]

Cheers for the reply, nice to know I'm not the only stubborn one!

 

Lawyer input will be interesting - did you see the post on MSE about the guy who's partner is a lawyer and wrote a letter to them which got approved without signed the FPN?

 

Yeah, kinda thinking it might go to court - well, think it'll get to the stage of court threats, but doubt very much that they'll go thru with them.

 

Not overly concerned when I actually think things through rather than just knee jerking to the fact I'm in so much arrears (allegedly). I fired off another letter of complaint + will update FOS on whats happened shortly. End of the day, I believe we are in the right, if we aint, well... I'm pretty sure I'm gonna have to pay it back at some point (salary projections) so figure starting to pay it now at a greatly reduced and affordable rate wont hurt!

 

Nothing to lose really!

 

Cheer for reply.

[Pluthero]

I did see that post about the guys wife who is a lawyer. Which makes me pretty confident of getting deferred as it shows Erudio are just DCA bullies. I know we are in the right! Nothing really to lose either because if you use their form to defer they will put it on CRA as on payment holiday so your credit rating will be ruined. Think there may be some court action over Mis-selling about that!!

[Rosskie]

Think there may be some court action over Mis-selling about that!!

 

we should get together and crowd fund a miss-selling case, ruin the *!?**?! as punishment for their chancing ways!

[Rosskie]

Interesting response from Erudio to FOS today, need to have a good look at it shortly. Brief scan is that they will accept deferments if you use their form and sign FPN but make it clear that you don't agree.

 

And annoyingly that they send me a reminder about my deferment being incomplete, but I never received anything. Pretty important letter to of been missed. I'll read it properly and post up relevant stuff tonight once I get a toddler to bed.

[Rosskie]

OK, only couple bits that might be of interest to others:

 

"Borrowers... are being offered the option to consent for their up to date accounts to be reported. If consent is withheld, these loans will not be reported to credit reference agencies unless they are in arrears or default"

 

"should xxx complete and sign the deferment application form, but indicate that he does not consent to the fair processing notice, then his deferment application will be processed in the usual manner"

 

So, the FPN is optional

 

and

 

"...we will backdate the period of deferment by the maximum three months permitted by the regulations"

 

Wonder what will happen with month 4 then...

 

ok... now need a copy of the deferment form so I can look at the FPN bit... think I know a link...

 

Think this is a bit of a win.

[dx100uk]

as what we always thought.

dx

[Rosskie]

Nice to get them to admit it finally!

[Pluthero]

So are you now deferred?

 

Or do you STILL have to sign their amended form?

 

Are they still saying you are in default/arrears?

 

My own FOS complaint was a bit go forth Erudio I have complied with the original loan terms and I will see them in court if they want.

 

Good news all the same. They back down if challenged

Edited August 21, 2014 by Pluthero
behave

[Rosskie]

Not defered, still need to use their form + indicate that I dont agree, will only backdate 3 months(i'm 4 behind now). haha!

 

Still, its a win + clearly shows they aren't unbeatable.

 

I've used the letter to further my FOS complaint, they have been caught with with trousers down now + I'm not afraid anymore!

[Rosskie]

Got an NoSIA off Erudio today. Just a standard letter, but its raised a question.

 

I was thinking about responding by referring them back to my deferment application and stating that I dont recognise the arrears.

 

Deferment was marked incomplete and refused since I didn't use their form, which of course isn't a requirement.

 

What you think?

 

Should I have to restate my complaint/clarify my position with them?

 

I'm trying to maintain a dialog so it doesn't reflect badly should it go to court (I know it probably wont, and happy to go along if it comes to it), and figured keeping in touch isn't a bad thing.

 

Should I finalize my position or something?

 

They provided the Credit Agreements so can't work off that basis .

 

OT - one credit agreement hasn't been countersigned by the SLC, is it still valid?

 

Cheers guys

[Pluthero]

I would keep up the dialog. It's what I have been doing for when it goes to court or more likely Pre action protocols or ADR, and probably not even that far - Lets face it Erudio bought my £6000+ loans for about £500, will bloody cost them more to make any money if they pursue this nonsense. Not sure if I can claim costs against them for harassment/being vexatious/ being treated unfairly etc.

 

I would restate that I believe the arrears are down to Erudio's non compliance with the original loan terms with their insisting on use of their DAF. Still Awaiting the FOS response on my own complaints but MY Letter Before Action is typed up ready to be sent to Erudio. I guess I can expect a NOSIA letter shortly. They are pretty sharp and on the ball with the threatening letters, not so much when it comes to dealing with genuine complaints!

 

Could I also point you to post #1672 on the MSE web site about contacting the press with your personal Erudio experiences. Can't hurt and may even do some good.

 

Keep fighting!

[Rosskie]

Cheers Pluthero,

 

Been reading a lot and getting a bit worried again, think I'll have to mention undue distress to the FOS too. Its true, so why shouldn't erudio dip into their pockets to compensate me!

 

20th was my 4 month arrears, the letter is dated 25th, but only received today(got one dated 26th last week...), if your dates are similar I'm sure you'll get one soon, although, my letter states 2 months in arrears(but 4 months of value), wonder if some retrospective action has been taken...

 

I'll fire off some emails regarding them to press and need to get the FCA complaint off too!

 

Letter before action? You looking to claim something back?

 

cheers

Edited September 2, 2014 by Rosskie
wrong dates

[JonCorzine]

Not defered, still need to use their form

Forgive me for not reading the entire thread, but why do you have to 'use their form'? Your contractual obligation is with SLC, so as long as you adhere to the original T&C's, they can't impose their own regs, that was one the stipulations for the debt transference.

[JonCorzine]

Here's an email i sent regarding arrears - it's at the end of OP.

 

Edit: Decided to remove email, will re-post once I get a reply.

Edited September 7, 2014 by JonCorzine

[Pluthero]

That's a nice 'jog on' letter right there! You should get a job at Arrow

 

Will follow that thread with interest.

[Rosskie]

I dont need to use their form Jon - although, they say I do.

 

Something about administravtively unworkable for people to defer by letter (tough IMO), but if you fight they let arrears build and build and your the one who gets put in a worse situation. I've since used their form scrawled with does not consent all over the place, I made it pretty clear. I can live with using their form, I wont abide to giving them new powers though. Also, the form has a few unrequired sections (like DD bit) that can be ignored. Waiting on a reply...

 

Also read something about them needing the form as some legislation about treating people fairly meant they had to be consistent. Yet they are inconsistent when it suits them...