Erudio student loans - account terminated for failure to defer

[RyanO]

Hello, any good advice welcome 

Trying to be brief: 

three loans transferred from SLC to Erudio along with a lot of other people’s Have been diligently deferring every year for nearly twenty years as always well under threshold. Until 2020... 

went to defer online, form slightly more complicated than usual (partly as has just started claiming UC due to loss of work due to Covid) and also because they wanted a letter from an accountant along with my tax return, which usually is all I’ve had to send).

So paused it.

Then forgot about it.

Low winter with no work, lockdown related stuff, a bereavement), stupidly thought I’d be ok to defer whenever and was just accruing a few arrears (although I now realise that apparently they don’t do the 25 year wipe with outstanding arrears anyway).

legally perhaps all responsibility is mine here.

They send letters that I don’t open.

Actually wasn’t clear they were from them - some had M&S taste card logos on so assumed they were junk Mail. 
 

Try to pick up online deferment again last week but not there.

Phone them and an told account now terminated and full amount (£6500 inc arrears) now due.

They try to get financial info off me on phone, how much council tax I pay etc but I don’t give them much and say I’ll call back.

They know I am on UC. 
 

Lots of research done since but am overwhelmed and unsure how to proceed.

A lawyer friend has helped me draft a letter that I haven’t sent yet saying I don’t accept termination, that I’d like to go back to deferrals (presumably they won’t do this ever now they have me where they want me). Ask for TCs and copy of original agreement. I guess they’re within their rights but is there any grey area?

Also I’m guessing I’m not statute barred as have been deferring regularly? Although not on paper for perhaps over six years. 

now a letter yesterday from them pretty much just reiterating but also sneaking in vague idea that I could suggest a settlement. 
 

how to proceed?

What will they do?

Is it right that even after a CCJ they’d only ever get a couple of quid a month from me as a friend suggests?

How do I weigh up letting them get least amount possible and also getting rid of them forever.

Settlement sounds tempting of course but not sure I could give them much over 800 (my overdraft) 

would appreciate succinct advice from people who know.

Thanks in advance 

[dx100uk]

let them run 

just dont ignore a letter of claim.

 

lets really see where things stand 

have you access to the old SLC portal?

can you go look and see if to them your deferrals ( which you should never have done post 2013...!!) are showing.

 

how late are you.? when was your last successful DF date?

 

you should never have been using their DF form, they ask far too many questions they are not entitled to know the answers too.

always use the old blank SLC form pre 2013 which is the stickies of this forum.

i'm temped just to send that back dated ( oh you didn't get it when i sent it before here is a copy lucky i took one at the time)

 

you are not over the threshold NO? and have never been?

 

[RyanO]

Thanks.

Last deferred I think September October 19.

Am well under threshold.

But there’s something in terms and conditions that I originally agreed to or since inadvertently whilst deferring? 

[dx100uk]

1 minute ago, ThommyB said:

there’s something in terms and conditions that I originally agreed to or since inadvertently whilst deferring? 

 

in relation to what?

 

dx

 

[RyanO]

The fact that they could demand payment in full if deferrals not made every 12 months? I.e lateness?

And they’ll say they sent enough notices that went ignored?

But who decides the cut off point?

Them? 

[dx100uk]

wouldn't trust/believe them on anything.

don't think we've seen a court claim for 'failed to defer / we've terminated.' ruse

last thing you should ever do is phone a fleecer

they LIE!!

 

SLC Portal?

 

 

 

 

 

 

[RyanO]

Have spoken with CAB just for their opinion.

 

They advise first of all requesting original Terms and Conditions  .

That legally the 98 ones should hold as a condition of the sale from SLC.

 

For a start the CAB guy seemed to think it was wrong that as a result of the account being terminated  & i lose the right to have the debt written off after 25 years.

 

He also thinks it’s 25 years after signing last loan agreement (2000 in my case) rather than end of studies. 

[dx100uk]

never seen any luck with SLC not in  T&C's to do it

everyone loans got sold by the Gov't.... none have ever been successfully challenged to sale was OTT regardless to any T&C's.

 

as for the dates:

 

When will your student loan be written off? - Martin Lewis' Blog... (moneysavingexpert.com)

 

[RyanO]

You’re saying Erudio don’t care about original T&Cs?

What I want to know is what are the rules on how much notice of termination (due to lateness or failure to defer) they are required to give 

 

Also have people in my position eventually been issued a CCJ? 

[dx100uk]

it doesnt matter if there is anything or not in the T&C's...thats immaterial now...

the gov't sold the debts from SLC to Erudio (arrows DCA in sheeps clothing). negates lots of things.

 

there are numerous Erudio claimform threads here use our search top right.

 

i think what this boils down to, in erudios eyes, is you've not deferred since the 2019-2020 season, so last 'contact' was feb 2019 .

they always either issue a backdoor claimform to an old address or as you legally told them of your correct and current address by repeated referral, they default and terminate you. either simply happen because of a long term lack of contact. they think it gives them the right to try and mug people.

 

there are a few claimform threads here where by they issued a backdoor CCJ/Claimform, people defended with like situations like yours and they go quiet and let the claim get stayed.

 

i'd use and wack off a copy of the old SLC deferment forum in this forum to them, for this year, they can't refuse it, even though they'll write and say already terminated or wrong form excuses, 

 

see what they do but do not ignore a letter of claim, comeback here if you get one.

try and stay away from places like CAB/Stepchange/Payplan as 8/10 their advice on any debt is totally useless and typically ends in you paying.

 

just remember the golden rules...

 

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... 

 

 

[RyanO]

Thank you. It’s just confusing trying to work out exactly how to respond and how they may progress. Presumably there’s no chance of them ever getting 6500 quid of me and they know that 

 

On 11/02/2021 at 15:57, dx100uk said:

i'd use and wack off a copy of the old SLC deferment forum in this forum to them, for this year, they can't refuse it, even though they'll write and say already terminated or wrong form excuses, 

Original SLC Forms for Deferment here.. - Student loans/SLC - Consumer Action Group

Thank you.

I don’t know if I’m being muddy headed.

I have had no other debt to speak of so not even overly familiar with terms.

But I’m finding it hard to get a handle on whether they are legally entitled to claim this money and whether this all drawing it out since eventually a court judgement would find me owing, and whether by that time total will have increased 

And won’t they just refuse old deferment form saying too late account closed your right to deferment finished?

What is point in sending? 

[dx100uk]

as i said ....there have been numerous court cases by erudio here whereby the 'debtor' had not earned over the threshold and have sent a 'late' deferment form in and erudio refused saying your loan has matured, terminated, etc etc , they have gone nowhere... now stayed sitting dormant without judgement.

 

don't ever think on any debt whereby a powerless DCA issues a speculative court claim, that they have any special powers whatsoever, the only powers they have are exactly the same as you and me if we think someone owes us money, issue a court claim.

 

although you say you've read up , i suggest you spend a day or two on here only use our search top right for Erudio, that will get you upto speed upon why/what i've suggested might be the best idea.

[RyanO]

Thank you for all your advice 

Sorry, a question because I can’t see readily anywhere else and I may not quite understand the technicalities,

 would you assume that I am not statute barred if I’ve been deferring, albeit online rather than in writing, every year?

That constitutes accepting the debt?

Last time I physically deferred on paper may have been 2014

. Before I write or send a paper backdated signed SLC form 

[dx100uk]

Correct

[RyanO]

Thank you  

[dx100uk]

if you had not missed a deferment when would your normal deferment now be due?

[RyanO]

My time to defer was usually September october.

Most recent one  (2020) was the one late/missed/overlooked,

Last one they received from me, completed online, would’ve been October 19 

[dx100uk]

so october 2019, that ran till oct 2020 ...feb 2021 some 5mts late with this current deferment...

 

15 hours ago, ThommyB said:

(although I now realise that apparently they don’t do the 25 year wipe with outstanding arrears anyway)

 

you only supposedly have arrears now because you failed to defer since oct 2019?

[RyanO]

Yes, well about four months late I think (in a lockdown, in a pandemic, not that that should bother them) 

but no, arrears now are since beginning of October ‘20 I think - about £500 

Questions:

are they within their rights to terminate? Guess it looks like they are but... 

what are rules and protocols surrounding this and have they been followed? 

Can they refuse an attempt to backdate deferral? 

Can they produce evidence of my original signed agreements? 

will they ever attempt to put through a CCJ for this?

They know apart from anything that I am on universal credit so even after this would only I assume get a pretty measly monthly payment off me) 

Sorry I realise you say you think it unlikely to go anywhere in court 

[dx100uk]

They are the creditor so yes they can terminate etc etc but when fronted they can just as easily remove it.

Its pretty much immaterial anyway.

 

Stop fretting on court if if if it goes that far its a walk in the park to sort it.

Go get reading up..all these questions you will answer for yourself.

 

DX

 

[RyanO]

Thank you.

I think I’ll write telling them I don’t accept or acknowledge, ask for my original signed agreements and put in a backdated SLC deferment. And see what happens.

Will carry on reading and ask questions if necessary if that’s ok x

[dx100uk]

2nd bit only.

dont invite pointless letter tennis with pointless posturing

[RyanO]

Just for the record:

no acknowledgement by Erudio of deferment on SLC form sent and received by them recorded delivery six weeks ago.

Now three separate statements of arrears arrived by post today for each of my three loans.

Amounts as was when informed they’d terminated my account in January.

Guess I’ll just ignore. 

[dx100uk]

yep

[RyanO]

Hi there, 

just wanted to update this thread.

Eight months since initially told account has terminated and no contact except for three automated statements.

No threats or demands, so that’s good. 

I’m at the point in the year when I would’ve ordinarily deferred.

I expect you’ll say it would be a daft idea, since it would set back any potential future SB status, but just checking you don’t think there’s any merit in sending another old SLC form, or doing anything else at this stage besides what I’ve been doing which is to sit quietly. 
 

I must say I expected them to start hassling me.