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Why delay matters ? Most organisations like this receive hundreds of post items each day. Get all of the information sent off and let them deal with it.

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Just to clarify , with the PAP reply form, am I only disputing the debt at this point- and not requesting more documents?

 

Box D ticked and sending copies of SLC deferment forms. (Don't sign the form)

 

Just a couple of further queries

- should I redact the 4 individual loan refs on the copies of the deferment forms (or leave them on) and/or just use the one customer ref no that Erudio use for all the loans?

Should the deferment form signatures be redacted?

 

Just thinking whilst looking through documents-

How come its okay for Erudio to somehow "remedy" the account just before threatening you with court action by providing statements that they should have been providing annually?

Backdated.

 

So...

Couldn't we all send "Remedy of account letters" and send all the backdated SLC deferment forms?

Just playing by the same rules as them.

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id just send the deferment forms..sigs are immaterial if you send or not.

 

no harm in sending them a sep free sar to get everything one for each of you.

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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Always the owner

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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Okay, cool, have done SAR and that is ready to go.

 

Have filled in the PAP reply form as follows:

Box D ( ticked ) I dispute the debt: pls see attached sheet : There have been ongoing communications with Erudio regarding this matter, with numerous complaints, since they took over the administration of the loans from the Student Loans Company.

I have been eligible for deferral to re-pay the sums borrowed for the whole period that Erudio have handled the matter.

Copies of the relevant deferral forms for each year are enclosed.

Erudio have previously denied receiving relevant communications from me with regard to this matter.

I dispute the debt because the conditions required for its enforceability (ie income threshold) have not been met.

 

Box H (ticked)

I have enclosed copies of deferal forms

 

Box I (ticked)

I have requested by way of an SAR all the information that Erudio hold regarding my case.

 

name and date printed at bottom and not signed.

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job done.

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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Thank you so very much for all your input, I will get them in the post today.

I'm sure I'll be back here once I get a response.

It has been massively helpful to have someone to guide me through- thank-you, thank-you, thank-you!!!

I have also got all my papers in order now, just in case something kicks off.

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funnily enough I don't think you will hear anything.

 

theres another one here today

looks like it a mass-mailing to probably everyone that's not got a current deferment and they only pick on those that have not deferred and whom are not TOLD IN WRITING erudio their correct present address if they've moved .

 

ie what I thought in the first place a mass exercise to get 1000's of backdoor CCJ's

which seem to be the only ones they ever go for

 

everyone else will be forgotten about for a few years as they are too difficult to deal with.

 

its worthy to note there are NO CCJ's or court cases whereby they have the correct details and have run this to court. none!

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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All gone off now, just wondering, going forward, which course of action to take:

Nothing - as I had been doing for last two years - in the hope it gets to 6 yrs ; or send off SLC deferment forms at the correct time - (next ones due in November, then April) and thereby acknowledging the debt every year.

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Do you have copies of original terms ?

 

Is there a write off, after x number of years or when you reach a certain age ?

 

If you don't defer, then they expect you to enter into repayment. If you don't, then there is a risk of a CCJ down the line at some point. It would be a gamble hoping 6 years would pass without them getting a CCJ,

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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25yrs from its date or you reach 50.

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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That's the thing, the wording is as follows:

 

"The present regulations provide for

(a) cancellation of repayments, if you die and

(b) cancellation of repayments ( so long as you are not in breach of any obligation to us) if

(i) you are aged under forty when you last enter an agreement to borrow from from us and you attain age fifty or all or part of your last borrowing from us has been outstanding for at least 25 years or

(ii) you are aged at least forty when you last enter an agreement to borrow from us and you attain age sixty."

 

The problem being that Erudio say that we are in breach of obligations. (They have the discretion under the contract to say we are not.)

 

There is discretion for "Time and indulgence".

 

Which is what we requested in Sept 2015, and Erudio effectively ignored us.

 

The wording is as follows:

" Without any obligation on us to do so, we shall be entitled to grant time or other indulgence for the payment or satisfaction of any of your liabilities without affecting any of our rights or operating as a waiver of such rights in whole or in part. We will do this only if we are satisfied that this represents a more effective means of recovering the sums due under this Agreement than instituting legal proceedings would be.

 

The problem as I see it, is that this will never go away.

Erudio don't seem to like the time and indulgence option as often this would mean accepting late deferment forms or SLC deferment forms:

and then they would not get any money.

 

Michael Chessum, the ULU (University of London Union) president, said privatisation of the loan book stemmed from

"a poisonous ideological motive to make students consumers, with a lifetime of increasingly malign debt".

And that is what will happen.

I believe it will take court cases to sort this out.

 

In the meantime, how to deal with them...

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but you didn't sign up to the adapted erudio T&C

you signed up to the SLC ones.

 

pers I wouldn't bother worrying

these mass PAP letters have obv been sent out to test the waters and see how many mugs blindly start paying.

 

in most cases I think deferment or not, makes little odds here.

 

yes the guy is correct

it WILL take a court case to sort these loans out

as all the fleecers are doing at the moment is lining easy pray up.

 

some day they will have to chance court with an real debtor.

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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  • 2 weeks later...

I received a letter last week stating the account had been transferred to Drydens.

 

I submitted a CCA request nearly 5 years ago by recorded delivery, which was never fulfilled, I later reminded them of it in a following letter, and I haven't spoken to them since.

 

Could I bat away a CCJ claim on those grounds?

 

Coincidentally, it has been almost 5 years since Erudo bought the loans and lots of people questioned the new terms.

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see what the PAP brings

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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I received a letter last week stating the account had been transferred to Drydens.

 

I submitted a CCA request nearly 5 years ago by recorded delivery, which was never fulfilled, I later reminded them of it in a following letter, and I haven't spoken to them since.

 

Could I bat away a CCJ claim on those grounds?

 

Coincidentally, it has been almost 5 years since Erudo bought the loans and lots of people questioned the new terms.

 

pencil go update your own existing thread please

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?483541-Erudio-pass-claim-to-Capquest-how-to-tackle

 

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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  • 1 month later...

Time for an update: apologies for radio silence, I had a hip replacement and was trying to forget about Erudio for a few weeks!

 

My husband received a letter from DFF saying that they had received the PAP reply and the account was currently on hold.

 

He has since received a notice of arrears letter for each year of loans (from Erudio).

 

Today a letter came regarding the SAR

- which made me realise I hadn't been keeping an eye on the time frame for that one.

 

It is an "identification and verification request".

This strikes me as odd, as they are asking for the following :

Full name

1st Line of address

Postcode

date of birth

Address provided to SLC

Contact phone numbers: Home and Mobile

 

The letter then says that the "easiest and most efficient way of supplying your information... is... on the number provided..."

 

It states that "Its important to note that if we have not been able to satisfy our identification and verification to validate your request within 14 days from the date of this letter ..." (which is the 20th NOV) "then we would not be able to proceed further at this point".

 

I am wondering whether this needs to be provided, and are they just stalling, and do I just need to complain straight away to the Information commissioner.

Edited by dx100uk
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Worth having a read of the guidance re Right of Access from the ICO website (For organisations/Guide to the General Data Protection Regulation/Individual Rights). I can't post the link because I haven't posted enough times on this forum yet.

 

Check this section of the guidance out:

 

"Can we extend the time for a response?

You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if:

it is manifestly unfounded or excessive;

an exemption applies; or

you are requesting proof of identity before considering the request.

 

Can we ask an individual for ID?

If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality.

You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information."

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are erudio not aware of the address you are at now as you'd moved before sending the sar?

id just send them a CTAX copy as advised in the SAR linked thread.

 

don't fall for their rubbish either NEVER EVER ring a DCA.

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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Thank-you both for your responses. We've been at the same address for the last 25 years.I'll check the original agreements and see what's on them.

I was thinking that it was a bit sneaky saying to ring them.

I'll check out the ICO guidance, and see where I go and let you know.

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Urm..then why are they stalling..something smells here

Is this on both yours/hubbys or one

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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This is my husband's one - I haven't sent one off for me yet - I got a bit side tracked by my hip operation.

I thought it a wee bit odd too.

I have just been on the ICO website and I clicked on the "make a complaint " link. You answer various questions, about the time frame etc, and then the answer came up " Repeat your request to the organisation".

I have then been trying to navigate the site to see where I can actually instigate a notification of a breach, and try another route to start a complaint but seem to be having a few problems with their site at the moment- it doesn't seem to want to load, and I don't think its problems my end, as everything else is working. I'll try again in a little bit.

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I am just drafting a complaint to Erudio ... Deja vu!!

This seems to be what the ICO requires before they will look at a complaint.

Am going to give the info they requested - name, address and postcode... they've got it already!!!

And will also enclose copy of the SAR again.

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