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    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
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JonCorzine

Erudio - chronology of correspondence - are they chasing you..README

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Introduction

 

I'd like to document the correspondence of my dealings with Erudio, aka Arrow Global / CarVal Investors in the hope it will help others; my student loans are from 92-95.

 

Mission Objective

 

To get written confirmation of deferment, as has been the case since loans were originated via SLC.

 

Salvo #1

 

First contact was a big wad of paperwork as documented in other threads, asking for bank details, eye colour, inside leg measurement et al....and a signaturelink3.gif! I ignored this first contact.

 

They phoned and I requested any further correspondence to be in writing..

.they sent a second wad of paperwork, the same as the first; this accounts for three trees chopped down thus far for their thud of paper through the letterbox.

This also had a cover letter saying I was in arrears for ~£200....huh?

 

Salvo #2

 

I ignored their paperwork and instead scanned the original SLC document I had, with a signature and no more, I did not divulge any bank info on this form.

I then copied my bank statements for the last three months into a PDF

(I redacted all personal info from the statements) and along with the SLC doc, sent them via email:

 

 

Dear Sir/Madam,

Please find attached a signed deferment form and three months of bank statements. My customer reference number: xxxx

Regards

John Doe

 

 

Salvo #3

 

They replied two days later via return email:

 

Please be advised that the information that you provided is currently being processed and you will receive a letter in due course.

 

 

Salvo #4

 

Almost two weeks later, they sent an email:

 

Please be advised that the bank statements you sent were unreadable , could you please resend them again so that we may continue to process your deferral application.

 

I resent my statements as a PNG picture on the same day as their email.

This email from over a month ago, was the last correspondence I have received.

 

Salvo #5

 

Today I received a letterlink3.gif stating another notice of arrears, this time it's gone up to ~£400.

No mention of the deferment nor any other confirmation of the process thus far.

 

It seems they are just sending generic letters with the computer regurgitating random amounts to scare the peeps; their goal is to get payment...any payment so they have your bank details.

 

Salvo #6

 

Removed.

 

Will update as and when they reply...

 

--------------------------------------

 

Edit: I'm removed the email I sent in salvo #6 , as I'd prefer to wait for their response before publicly posting info; you never know who's reading these forums.

 

 

He who is prudent and lies in wait for an enemy who is not, will be victorious. - Sun Tzu, The Art of War

 

 

attachment.php?attachmentid=55763&d=1422977130&thumb=1

dx100uk said:
GREAT WORK

well done

 

Txs dx - I think it was one of your posts buried deep in another thread that inspired my verbiage.

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TBH I think the bottom line here is its everyone for themselves.

 

we see on all internet forums p'haps less than 0.1% of people now under arrows dreadful tactics.

 

much like what happened with link/thesis

the advantage there was that it was not directly gov't pushed shall we say.

 

arrows are in that respect very diff

the gov't sold the debts on

arrows magic'd up the Erudio name to buy them.

 

so theres no way the gov't is going to get [re] involved in whatever arrows do with these 'debts'

 

arrows will make millions out of it

and 90% of it will be ploughed back into setting up more computers & staff

to send out threat-o-grams for all the debts, not only SLC, that their 'group' think people owe money on.

 

those like you that stand up, will simply I think be left alone.

 

I don't think you'll ever see one of these ever make court.

 

they'll be making enough money out of the millions that are already paying or are blindly

going to pay them.

 

dx


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

 

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Yep, it's a numbers game.

 

They buy debt for 10p in the pound and then hope to break-even by inveigling the unaware. If they manage to coerce just 10% into their payment system, they can break-even and continue their harassment towards the other 90% ad infinitum at no cost.

 

It's quite an acerbic biz model; imagine what it will be like when the next generation of £10k p/a loans start defaulting and people with geography degrees end up working in poundland en masse, whilst the parliamentary legislators all got their oxbridge education for free; the irony is palpable.

Edited by JonCorzine
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I've been battling Erudio for almost a year by only sending them my old SLC forms and three months of bank statements; this was always good enough for SLC who deferred expeditiously, however Erudio seem intent on getting people to sign their new DAF forms.

 

Here's my enquiry:

and

Their response:

 

Any opinion on the legality of this request/demand?

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I have that response letter too!

And the FOS responded in a similar fashion.

 

Both provide no real legal basis for a DAF to be completed in order to be deferred.

I have asked the FOS to ask erudio to quote me relevant section of the loan agreement which seeks a DAF completion.

Ain't gonna happen!

 

Oh and Erudio will have a new DAF in Feb and have changed their stance on having a DD in place.

I Am in work so will post up the new developments later!

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changed their stance on having a DDlink3.gif in place

That's why I don't want to fill their DAF form, I don't trust them with my bank details, too many stories of them taking monies from accounts even if you're eligible for deferment.

 

I look forward to your further info, thanks in advance.

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Jon, take control of the situation.

 

I would write/email them a letter stating that you will NOT be signing any of their forms, you will only be signing the original creditor forms and nothing else. Legally this is all you need do.

 

Add a paragraph that you have found them totally unreasonable and will not be responding to any of their future lies/threats

 

I would also remind them that as you have no signed contract with them there is bugger all then can do, bar continuing to threaten!

 

"Jog On Eurido"

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two threads merged

 

please keep to one thread

 

dx


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

 

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NEW FAQS on Erudio webby:

 

Quote:

When will the new Deferment Application Form be ready?

 

The New Deferment Application Form will be ready by the end of February. We realise that the deferment process is complex and it is important that we provide the best service possible. Having listened to feedback from our customers and third parties, we’ve updated the form and guide so that they are easier to understand and clearly explain what information is needed and why.

 

As part of the changes we’ve made, we will no longer require customers to provide additional consent for listing with credit reference agencies. The new form will still feature a Direct Debit Mandate request but this will be optional rather than compulsory. However, in case the deferment application is unsuccessful, we do think it is still best for customers to complete this to ensure they can make a repayment and thus protect themselves from their account going into arrears.

 

Until the new form is in circulation you may receive the current Deferment Application Form which we will now accept without the Direct Debit Mandate completed. Equally, we will be happy to accept signed forms with the following wording crossed out: "ACCORDINGLY THEREFORE BY SUBMITTING THIS APPLICATION YOU CONFIRM THAT YOU CONSENT FOR ERUDIO TO PERFORM RELEVANT CHECKS AT CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES."

 

Because of these changes, anyone due to receive a Deferment Application Form after 1st of February will have the option of requesting a new form instead of using the current version, which will be issued when it becomes available. Due to the way the deferment process works (forms are sent out well in advance of deferment) these customers will still have time to complete and return the new form for it to be assessed.

Quote:

What should I do if I want to use the new Deferment Application Form?

 

The new application form will be ready for use from the end of February. Anyone due to receive a Deferment Application Form from 1st February will have the option of requesting a new form instead of using the current version. To make these customers aware of this we will be writing to them and informing them of this option.

 

Equally, in the interim, we are happy to process forms without the Direct Debit Mandate completed and/or with the wording "ACCORDINGLY THEREFORE BY SUBMITTING THIS APPLICATION YOU CONFIRM THAT YOU CONSENT FOR ERUDIO TO PERFORM RELEVANT CHECKS AT CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES."

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ruddy spoofers go their fingers burned aw what a shame poor arrows

 

 

dx


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

 

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dx,

i know i have sang your praises on other threads but,

you deserve every credit for the change of tact in their deferment form.

 

I remember you leading the fight back while many other sites were bowing to, Eurido's threats.

Even the bloomin BBC.

 

You are a Legend Sir .......madame? ;-)

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most call me it or other names too unpolite to post


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

 

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Wow - result! Fantastic :D

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I posted this up on MSE few days back, some light relief with an important message :)

 

My thoughts on the new DAF and Erudio:

 

Quote:

When will the new Deferment Application Form be ready?

 

The New Deferment Application Form will be ready by the end of February. We realise that the deferment process is complex (it's not really! The SLC used ONE A4 sheet doubled sided AND I was usually deferred in two weeks!)and it is important that we provide the best service possible (LOL - facking kidding me!). Having listened to feedback from our customers and third parties (been told off by Regulators, checked with our army of lawyers), we’ve updated the form and guide so that they are easier to understand and clearly explain what information is needed and why (hmmm).

 

As part of the changes we’ve made, we will no longer require customers to provide additional consent for listing with credit reference agencies. (I am still unsure if this means they feel they don't need consent confirmed and that clause 16 or the original agreement ALLOWs the ruin of our credit ratings. Or that they are backing down on the whole CRA reporting fearing the SH*T Storm it will provoke around student loans. THINK carefully now ARROW GLOBAL + FACELESS CABAL of investors there is a gold mine of BILLIONS of £££loans to be bought up in the future - Don't sh*t where you can feast) The new form will still feature a Direct Debit Mandate (if you are in deferral why not make this crystal clear that a DD is not needed?) request but this will be optional rather than compulsory. However, in case the deferment application is unsuccessful, we do think it is still best for customers prisoners to complete this to ensure they can make a repayment and thus protect themselves from their account going into arrears. (Keep complaining to every legal body folks, lets make these chancers back down on all their Bullsh*t)

 

Until the new form is in circulation you may receive the current Deferment Application Form which we will now accept without the Direct Debit Mandate completed. Equally, we will be happy to accept signed forms with the following wording crossed out: "ACCORDINGLY THEREFORE BY SUBMITTING THIS APPLICATION YOU CONFIRM THAT YOU CONSENT FOR ERUDIO TO PERFORM RELEVANT CHECKS AT CREDIT REFERENCE AND FRAUD PREVENTION AGENCIES." (Again our legal team told us this Sh*t ain't gonna fly.)

 

Because of these changes, anyone due to receive a Deferment Application Form after 1st of February will have the option of requesting a new form instead of using the current version, which will be issued when it becomes available. Due to the way the deferment process works (forms are sent out well in advance of deferment (mostly?! PMSL!)) these customers will still have time to complete and return the new form for it to be assessed (or lost, or binned and denied all knowledge of.)

 

 

Only by complaining and fighting did these chancers back down on ANYTHING. KEEP FIGHTING PEOPLE!

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Thanks for the update Pluthero.

 

Here's my reply after they sent me Section 11 info from post #6 to justify their DAFt form:

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Any opinion on the legality of this request/demand?

 

Hi JonCorzine

 

 

Just read your post,

don't know if anyone's mentioned to you yet,

but Erudio are at it with the response they've given you.

 

 

The quote in their letter is from the 1997 Regulations, which were replaced by the 1998 Regs.

 

The important difference is that the 1997 regs required us to "satisfy the lender" that income's below the threshold

(so Erudio could argue they require the DAF).

 

 

But the 1998 regs only say we must "show" the lender,

so proof of income's enough to do that,

no DAF needed.

 

HTH

Edited by anna2007

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I don't how the wording is different in the 1998 act, can you elaborate?

 

9. Each year the lender will tell the borrower the new deferment level for the period between 1st September and the following 31st August. The borrower can defer making repayments of the loan if—

 

(a)the lender has not already asked him to repay the loan in full, and

 

(b)he can show—

 

(i)that his gross income for the relevant month is not more than the deferment level, and

 

(ii)if the lender asks, that his gross average monthly income during the 3 months immediately following the relevant month will not or is unlikely to be more than the deferment level.

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Latest reply below.

 

They are now claiming they can remove any right to defer and age limitation expiration.

 

Funnily enough, they claim they may pass it onto an 'external DCA', is that Geoff in the cubicle next to Erudio's Susan handling current claims?

 

Why would a DCA pass the debt onto another DCA @ 10p in the pound?

 

I've sent my original SLC form & three months of bank statements, yet they are ignoring this and have put account in arrears for ~£1,000 saying I need to pay.

Edited by JonCorzine
format

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willy waving again!

 

 

dx


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

 

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Latest reply below.

 

They are now claiming they can remove any right to defer and age limitation expiration.

 

 

Funnily enough,

 

 

they claim they may pass it onto an 'external DCA', is that Geoff in the cubicle next to Erudio's Susan handling current claims?

 

 

Why would a DCA pass the debt onto another DCA @ 10p in the pound?

 

I've sent my original SLC form & three months of bank statements,

 

 

yet they are ignoring this and have put account in arrears for ~£1,000 saying I need to pay.

 

Don't worry Jon erudio are up in court soon over having to complete a DAF and indeed have backed down on the need to complete one by a lawyer!

 

Original loan terms apply and if erudio did not like the terms they should not have bought the loans:-)

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What if I phone them and explain that I delayed sending the first DAF form because it was too intrusive

and ask them to wipe my arrears and then I'll sign the new DAF form?

 

I'm wary of doing it now because as soon as I sign the new form with DD details, they'll take the arrears of ~£1k from my account,

even though the delay was only approx 6 weeks.

 

It seems they've come up with an arrears amount to pay off the debt they bought with a small profit and then they'll happily defer it.

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either use a blank copy of the old SLC form

or

sit tight

 

 

it appears that arrows are going to wipe arrears that have been caused by their 'spurious and unlawful' DAF demands

 

 

dx


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

 

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it appears that arrows are going to wipe arrears that have been caused by their 'spurious and unlawful' DAF demands

 

Do you have a link for that gem of info? Sounds too good to be true.

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Received another letter today saying I owe ~£1,000 in arrears and it needs to be paid back in 7 days; they ask me to phone and set up a DD of ~£100 per month.

 

Letter states it's "a serious matter and non-payment may affect your ability to obtain credit both now and in the future, as info may be registered with credit reference agencies regarding the conduct of your account".

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if if if may may may.


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

 

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