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I3Mega

Erudio terminated my agreement

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Hi all,

 

I have 3 student loans from 1995, 1996 and 1997. I have deferred these each year upto August 2017.

 

I moved address (read released from prison) in August 2016. As I had a lot on my mind I did not think about my student loans, which i had just deferred, thus I didn't notify them of my change of address.

 

Erudio apparantly sent me the deferment pack etc etc but the prison service instead of forwarding these letters to me (They were required to but that's a separate issue) they returned these letters to sender.

 

Despite having letters returned to them they continued to send letters to me at the prison address.

These included, apparantly, a default notice, a full payment demand and a termination letter.

All of these were also, it seems, returned to sender.

 

Q: Does it count as sending to my address if they have been informed that i am no longer there?

 

In september 2018 I did recieve a letter from Erudio, via the prison, and I contacted them to defer.

They informed me that they had terminated my account (apparantly in December 2017) and that the full amount was now due.

 

I asked that they reinstate the loan and allow me to defer due to 'exceptional circumstances' but they refused.

My MP contacted them on my behalf to ask for the same but they still refused.

 

So, I ignored them. They sent me a income and expenditure form and I still ignored them.

 

Then on Friday I received a remedy of account letter stating that they had failed to sent out statutory letters since 16th September 2017.

 

I looked at the CCA 1974 and it appears to say that if they fail to send out such notices/letters then they are unable to enforce the agreement during the period of non compliance.

 

I therefore thought that as they had failed to do what they should have done they might now be a little more willing to cooperate.

I was wrong.

 

I argued that if they cant enforce the agreement during the period of non compliance then I couldn't have defaulted.

Thus they had no call to terminate.

They don't accept that argument.

They say that it means they couldn't take legal action but that they can still terminate.

 

I guess that one is a matter of interpretation.

Anyone have any thoughts on that?

 

So the position that I am in now is that I have made a formal complaint, verbally, and am awaiting their response, which I suspect will be to tell me to go away.

 

Incidentally, I contacted the FCA and Erudio are no longer "authorised and regulated by the FCA" but Arrow Group Ltd is.

They gave me a (mobile) number for a Susan Pierson at Arrow whom I contacted and complained to.

 

Within an hour or so I had a call from Stuart Guy at Erudio, the complaints manager apparently, who then discussed my complaint in order for it to be investigated.

 

I have also contacted the SLC and they say that they do not have access to my loan agreements etc.

Do you think it's worth asking Erudio to supply my CCA agreements?

 

Looking forward to any comments and advice.

 

Cheers🙂

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well 1st stop ringing DCA's and their dogs.

writing only.

 

are/have you earned over the threshold since not deferring.?


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Thanks for your replies. Although I have been ringing, not writing, they are considering my complaint and will allegedly give me a deadlock letter addressing all the points I have raised, if they don't side with me (i know they probably wont) at which point I will go to the FSO

 

I am wary of writing as I don't want them to consider it an admission regarding the debt and reset the timer?

 

I have not earned over the threshold at any time since I took out the loans. I am currently on, since my release, income support and receive carers allowance (total £109.95 weekly) as I am my mum's primary carer.

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FSO is orchestra..FOS.

erudio wont go anywhere near a court with this.

your main issue is you keep poking the bear..and using the phone.

they cant enforce them and they cant refuse back dated deferment.

 

get our copy of the old blank SLC deferment form from the home page of this SLC forum.

filling out copies for the years you could/did not defer

 

send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues

 

let 'em sweat.

 

as for admission, well you've got to do that anyway.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Thanks, I'll wait and see what they say then give that a go👍

 

Even if they've issued a default notice and "terminated" the agreement?

 

 

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unlawfully defaulted and terminated in my books...

 

and just remember they aren't the original creditor so cant in really do either in the strictest sense of the regulation regarding both.

and most certainly cant during a period of their non compliance

 

but the major goal here is to put them on the backfoot 

esp regarding court claims.

they've not taken a case like yours to court

and I don't ever expect they will

they are more concerned with getting backdoor CCJ's against mugs that have never updated SLC with their correct address at present.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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