Erudio/drydens claimform - old slc loan - stayed now N244

[billywilder]

Hi,

i have read through as many of the SLC HSL etc posts as I can handle without my brain melting and I'm still not sure what i should do with my situation.

If anyone can shed any light I would be most grateful.

I failed to inform the SLC of a change of address when I moved in NOv 2006 and had not heard anything from them them until the Cash Collection Agency and Close Credit Management (both at same address) sent me letters stating that I owe £899.57 in Mar/April this year.

I rang them (first mistake?) and they said it is for repayments because I have failed to defer my account. Up until this point I have deferred each year since I took out the loans in 1995/1996.

I was on long term incapacity benefit for six years which was paid by Income Support. This ended in Nov 2007 when I became self employed.

The period of non deferral is Feb 2007 to Feb 2008.

I need to get deferral forms in order to prevent another £75 a month getting added in repayment amounts (each 25th of the month). 

CCA and CCM both refuse to send deferral forms until I pay them money "and no piddly amounts like a pound a month".

I rang SLC (second mistake?) who said that because the matter was passed to an agency there was nothing they could do.

THis was until I got through to collections at SLC who said they will send out a form.

No form appears and so I appear to be stuck in a catch 22 where I can't get them to send forms and therefore cannot defer this year.

What course of action should I take to prevent this spiralling.

Do I have to pay the repayments because I didn't inform the SLC of my change of address.

I can prove my entitlement to Incapacity benefit from Feb 2006 Nov 2007

and my self employed earnings from Nov 2007 to now.

They both fall well below the threshold.

It appears that I should send S.A.R - (Subject Access Request) and CCAs to the SLC is that correct.

Can anyone point me in the direction of a template, especially the CCA 

I found this

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/92686-r-subject-access-request.html for the SAR, is this ok.

I can't get the template section to work on the site even though I am registered.

Should I do anything with the Cash Collection Agency/CCM.

They thankfully don't ring me as per many of the stories on this site.

 

Although they, unofficially through caller ID, know it I have denied that is my no.

Do I have any dispute with either of these companies,

I haven't been able to find a case that is similar, others mostly deal with "lost" deferment forms

and ensuing protocol for dealing with that.

 

I should also like to say Thank You for this resource.

My CAB is always shut due to staff shortages and I gave up trying to phone them a long time ago

after hours of waiting for nothing.

A resource like this at least allows me to get a grasp of my situation and see how others have dealt with similar issues.

Found templates! I am sending this letter to Close Credit Management,

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html template N and am going to send the SLC a SAR.

I want the CDs of telephone conversations from both the SLC and CCM, can these be included in a SAR?

Thank you for such a great resource on student loans and how to deal with the varying companies that try to get money from us.

I have two mortgage style loans that will be written off in 6 years. (25 years from when I took them out).

I am on record as having arrears for them because I moved house, didn't inform them and so didn't defer in time one year.

I had been defaulted by SLC for this and it has just been removed.

When Erudio took over the first thing they did was adjust my debt because apparently SLC had calculated wrong and I have less now than before.

As noted on here their deferment form is an information gleaning exercise and as I am due to defer for another year and I am going to use the deferment form from SLC as it contains all the info they need and no more.

I thought I would leave the CCA until after as to not get any more defaults on my account as it made a fair bit of difference to how I could run my life so I do not want another.

Is that a good idea or should I go in with a CCA now and see if they have the paperwork for my account?

Are Erudio as a DCA any more able to enforce payment from me because of arrears or are they in the same boat with me as with everyone else and I can just ignore them until the time runs out?

Thanks in advance for any help

Cheers

Jon

[dx100uk]

they certainly have no special powers.

they are simply a DCA.

and this is simply another debt to them

 

 

I'd seriously question how and under what rules they think they can recalculate and change a default placed by the OC.

 

 

dx

[WarrenBuffet]

As dx advised me, sign nothing with these people and do not return their form and do NOT sign it either. ( have i clearly demonstrated not signing!?)

 

1st thing id do is CCA it, as it automatically puts your alleged debt into dispute.

 

As dx states, id bet good money your debt is most likely legally unenforceable.

[billywilder]

Hi again, Thanks for the replies . I am writing the CCA at the moment. Should I be using the SLC account numbers or the newly created Erudio ones.

 

Thanks

Jon

[dx100uk]

both

[WarrenBuffet]

Jon, when you say 'default' on your file, is it showing on your credit record?

 

Do not worry about this crowd attempting to destroy your record as they will not be able to without you signing your name on their form/s.

 

Do not trust anything they tell you, as they will try every dirty trick in the book. Remember that if they took a judgement against you, the judgement writes off that loan and the judgement, now is the student loan.

 

Watch out for them attempting to bluff you on this, and do not let them stress or bully you. Also i recommend that you do not let them take control of your negotiations eg: 'You are in default' write back and state that you are not because eg: 'Account remains in dispute and remains unenforceable because you failed to respond correctly to my CCA' blah, blah.

 

Just remember that if they state something is black, you argue its white as 99.999999999 out of 100 times it will be.

[billywilder]

Hi Warren,

The account was placed in default by SLC.

Without appropriate notice etc and stayed there for a few years as I didn't have the knowledge, time or enthusiasm to remove it.

Gone now thankfully and my credit rating is OK.

If they can't default me without me signing their forms

do I have any need to defer as I find the whole palaver pointless and time consuming and being self employed I am only just doing my 2014 tax return let alone the 2015 one?

Just completed the CCA, got the address from their website, who is the PO payable to?

Thanks

Jon

[dx100uk]

no-one you leave it blank totally

and don't sign the letter either

 

as for them defaulting you - they can't

 

if SLC did that and its now dropped off

it can never return again

 

the ICO says:

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

[brassnecked]

They will claim that if their are arrears on the account it cannot be written off after the 25 years, so Escerwdio will continue to chase, but whether they can collect is another matter.

[billywilder]

Can I get the arrears removed?

I hadn't deferred because I moved house and thought nothing of the fact I had to tell them.

I was on incapacity benefit at the time so was obviously under the threshold but they would not accept that because of their three month rule.

Do the arrears carry over to the new owners or can I get them removed?

I'd rather the six years was an end to it all rather than have it hanging over me indefinitely.

Went to get my postal order for the CCA request and they said that I have to address it to someone.

Is the payee Erudio Student Loans Ltd? or can I just leave it blank completely?

Thanks all for your help

Jon

[dx100uk]

as post 8

the arrears don't show anywhere anyone can see 

you don't need them removed

pure rodeo willy waving

dx

[brassnecked]

I would go with DX, in any case Escrewdio are just another bottom feeding DCA with no special powers or rights.

[billywilder]

Just be nice to lay it to rest I suppose without having them sent letters for the rest of eternity.

If they mean nothing I just ignore them I suppose.

 

I have sent off the CCA request today so shall see what happens with that.

 

Cheers

Jon

[WindySock]

As said can only be backdated for 3 months, and in theory are carried over to Erudio.

 

Whether Erudio have the faintest chance of enforcing them or the agreement against you is another matter.

 

They can't be reported on credit files now if you had a previous default that has dropped off

[billywilder]

I have had my two loans from 1995 and 1996 sold onto Erudio in March 2014.

Having looked into it then and seeing the deferment palaver that many were having I decided to ignore them as I assumed that because they are a DCA they have no powers to collect money or default me.

I have just received a remedy of account from them detailing what they feel that my repayment amount should be and the amount that I am in arrears.

I have therefore read up again in order to try to understand if they can affect my credit rating and if I need to defer.

What powers do they have and how should I act now?

Am I OK ignoring them still as I haven't signed anything with them or deferred since they took over.

(I always used to defer with SLC and am still under the threshold for deferment)

Thank you for your advice

[dx100uk]

several threads merged for history

if this is not on your CRA file

then i'd ignore them

 

 

I believe you are approaching the age write off

go re read your thread now

and confirm please

[billywilder]

Thanks for merging the threads.

Makes a lot of sense.

Just checked my Noddle account and it doesn't show up there.

I think it is possible that the new arrears that they have calculated may be because I haven't deferred?

There are a lot of letters bundled together and none of it is very clear as to the reasons behind the calculations.

am 39. What is the age for write off?

Just reading around it looks like the loans will be written off

"when the last agreement for a student loan has been outstanding for not less than 25 years"

which will be in 2021 if it goes on my newest loan which was 1996

Is this correct?

[billywilder]

Update.

 

Erudio have sent me a letter saying that they are now trying to default me. The amount is 1892.97, I am not sure if it includes the previous amounts from slc (in which case it sounds like it cannot be redefaulted?) Or if they are for the repayment amounts from April 2015 when I failed to defer.

Should I try to defer now?

More willy waving?

Having just got my default removed I should to not have to fight to get this one removed.

They sent me my CCA in 2015.

They seem to be in order.

I'm not sure about arguing white if they argue black as I'm still not sure how I stand.

Here are the letters I received yesterday if someone could have a look I would be most grateful.

Thanks

Jon

Thanks for the hand holding through that.

I've removed all QRs as well.

The amounts make me traceable but only by those that have access to the information anyhow.

I assume that's not a problem?

The original default with SLC was for £800 or so iirc.

Default 1.6.16 .pdf

[dx100uk]

re reading your thread

they cant default you slc did that 2008

and its now gone.

 

quite honestly i'd not respond.

 

when was your last deferment?

[billywilder]

2014 with SLC

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?465446-Notice-of-Default-with-no-CCA-agreement-Erudio-amp-SLC-Loan(5-Viewing)-nbsp

[billywilder]

Do you mean that because they are acting as a creditor they can default me?

 

What are my options?

The CCA seems to be in order.

I can post pictures tomorrow if it helps.

 

The alleged arrears are different from the previous SLC ones.

Does this allow them to now default me again?

[dx100uk]

already answered 

[billywilder]

anyone can point me in the right direction.

Thanks

Cancel agreement 4.7.16 .pdf

Can anyone help me as to whether the last letter from Erudio means anything to my situation?

Thanks

Jon

[dx100uk]

So they have terminated all the loans I assume

 

And you are nowhere never any of the things they list that they say a tn prevents now?