Nothing in writing yet, just a verbal to go over things and confirm their stance. I'll get stuff posted once its finalised. To clarify erudio wrote to me months into the dispute saying the new powers of reporting were optional, which is doesn't say anywhere else. Thats whats been found to be unfair and we should of been told this at the outset.

Ombudsman says..... Yes! Erudio should of made the optionality of the new terms clear at outset, which could have avoided the whole mess. Doesn't address any of their other failings, but its a victory none the less

Potentially statute barred? Someone more knowledgeable will help soon I expect

Interesting post about the ombudsmans responce. I've heard nothing back yet, hopefully soon tho. My loans can't be reported btw, so maybe a bit different from your situation Pluthero. As means of a quick update, I did eventually sign their form, but no dd or anything else required, and FPN was very clearly scored out and scrawled all over. I've been deferred, but further embarrassment, paid off outstanding one months arrears. Figured if FOS find with me(hopefully) I'll get it back, if against I'm due it anyway. Horribly I dont have the energy to fight over it anymore, spent about 60 hours on it. Guess thats one of their tactics, make it so difficult and convoluted that its not worth the hassle fighting it. Roll on next deferment...

Hi Folks, Npower said my final bill was roughly £127. I checked the readings against what the estimated bill said then I paid roughly £80, which tied in exactly with the readings. They are now chasing me for £47 saying I'm due them, but all the communication is generic crap and they haven't responded to anything I send them. I've put in a formal complaint and asked for a copy of their complaints procedure. Are they likely to listen, or see sense? Anything else I should be doing/be aware of? I switched supplier around the 5th on august... cheers folks

I dont need to use their form Jon - although, they say I do. Something about administravtively unworkable for people to defer by letter (tough IMO), but if you fight they let arrears build and build and your the one who gets put in a worse situation. I've since used their form scrawled with does not consent all over the place, I made it pretty clear. I can live with using their form, I wont abide to giving them new powers though. Also, the form has a few unrequired sections (like DD bit) that can be ignored. Waiting on a reply... Also read something about them needing the form as some legislation about treating people fairly meant they had to be consistent. Yet they are inconsistent when it suits them...

Cheers Pluthero, Been reading a lot and getting a bit worried again, think I'll have to mention undue distress to the FOS too. Its true, so why shouldn't erudio dip into their pockets to compensate me! 20th was my 4 month arrears, the letter is dated 25th, but only received today(got one dated 26th last week...), if your dates are similar I'm sure you'll get one soon, although, my letter states 2 months in arrears(but 4 months of value), wonder if some retrospective action has been taken... I'll fire off some emails regarding them to press and need to get the FCA complaint off too! Letter before action? You looking to claim something back? cheers

Got an NoSIA off Erudio today. Just a standard letter, but its raised a question. I was thinking about responding by referring them back to my deferment application and stating that I dont recognise the arrears. Deferment was marked incomplete and refused since I didn't use their form, which of course isn't a requirement. What you think? Should I have to restate my complaint/clarify my position with them? I'm trying to maintain a dialog so it doesn't reflect badly should it go to court (I know it probably wont, and happy to go along if it comes to it), and figured keeping in touch isn't a bad thing. Should I finalize my position or something? They provided the Credit Agreements so can't work off that basis . OT - one credit agreement hasn't been countersigned by the SLC, is it still valid? Cheers guys

Also I'm no erudio mole, if its me your implicating! But I am often confused by the advice + dont buy they 'they are just a dca' line, I need more than that before I commit to a course of action.

Above is certainly correct - SB wont be reset by asking for CCA's, but deferring will reset, so I expect you still have a long wait! 5/6 years from last acknowledgement on the debt I think. You could still get it SB'd if you ignore everything for 5/6 years, but that will surely have many implications? Personally I don't know what they are, but if it were that simple everyone would do it. I paid arrears by postal order, was less than £1. Is was due to those arrears that I got the reduction in debt thinngy, you may have the same, possibly a similar amount. I'm not fussed about getting SB'd or anything, I honestly am of the opinion that I borrowed, and I will repay if/when I meet the threshold. In the meantime tho, I wont be bullied into new terms or do anything I'm not required to do. I paid the old arrears from 2010 to keep my account in good order so that it can be written off if I make it to the 25 year cut off. The arrears I've currently accrued are because erudio didn't accept my deferment application when they should of, so I'm fighting them on that. Try sending a SAR to the SLC - if they enclose a copy of your agreements Erudio will get them eventually, in which case they will surely eventually comply? I dont know if I'm missing something but I fail to see the point in a CCA request anymore. Its not an offence for them to send them outwith the timescale anymore, and when they do turn up, your back to square one with potential implications. Guess if they dont turn up within 5/6 years then your onto a winner, but thats got to be a long shot! I am no expert, so, please dont take anything I've said as accurate, its only my understanding of what I've read in the last few months, and I have no previous experience of stuff like this. DX - your input is very useful and appreciated, but it would be helpful if you could give some detail or ever references to support what you post as its often conficted elsewhere so is therefore difficult for novices like me to assess. Taking what someone on a forum says in blind faith is surely something we should all avoid. Hope that helps

also guidance for borrowers http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1266.pdf

Your certainly a lot more knowledgeable than me on the subject, no denying that. I really hope your right, but the advise on-line is often conflicting, and the only thing I can add with any certainty is that the sale of student loans was covered by different legislation that any regular debt. Also - My CCA agreements turned up after 5 months, so they covered their assess anyway. Maybe the OP could SAR the SLC - if they have a copy then Erudio will have them eventually? I've missed 4 payments now - and I haven't signed anything, I'll check my credit report soon and see if anythings happened, although given that they haven't chased for payments I may not be a good example. Some reading: Not sure of OFT guidance still applies, or if even relevant in relation to the sale of student debt, but... (Bear in mind Erudio aren't original creditor) Taken from section 5, point 5.7 of the OFT's: Guidance on sections 77, 78 and 79 of the Consumer Credit Act 1974 – the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement The principles of enforcement action in this area are judged by the OFT to be similar to those applying to statute barred debt. If sections 77, 78 or 79 cannot be complied with so the debt cannot be enforced in the courts, this does not mean that the debt disappears, and it is perfectly acceptable for a creditor to seek to pursue the debt. It is also acceptable, in this context, to register accurately any arrears or default with a credit reference agency. However, if they were to threaten court action, knowing that judgment will not be possible and that therefore court action will not actually be taken, this would be judged by the OFT to be misleading and oppressive. link for document near the bottom of this page: http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements Hope your right DX!

Urm... The pack sounds like they are notifying you of historical arrears that were on your account when SLC was handling it. Did they give you a reduction in debt when they took over? It is its a refund of previous interest charges if so. The historical arrears are still on your account though, and need to be paid, so this will probably be part of the £500 they say you now owe. Thats a possibility, but may not explain things. And if that is the case, it should of been explained in the letter titled remedy of account, regrdless, read the letter and it should explain why it was sent! If i were you - I would apply to defer and hopefully get it backdated. If they dont accept it because your earning too much then maybe you could continue to ignore them, but that wont do your credit file any good, and I expect they have already marked it due to the arrears. I dont know, but it seems to me from your post that your not entitled to defer and just hoping they will go away? Sorry if that sounds a bit off, but you need to be a bit more savvy than that. A failed CCA reply doesn't mean they are powerless, and if/when they do turn up, they'll have plenty ammo on their side and you could be well behind by then. I'm no expert, hopefully someone else with a better understanding will reply, but if your above the threshold then you should be repaying. I'd expect the only way you could get away with not paying would be Statue Barred, which could take a very long time and would trash your credit file completely. Dont shoot the messenger, but you need some advice from someone with a better understanding than me, and quickly. By the way - the others that are fighting erudio are doing so either due to change in approach to calculated earnings which just pushes them above the threshold, or people who can defer but refuse to sacrifice their rights like erudio are now asking us to do... Hope that helps, and I could be wrong, but dont pin your hopes on the CCA thing

Not defered, still need to use their form + indicate that I dont agree, will only backdate 3 months(i'm 4 behind now). haha! Still, its a win + clearly shows they aren't unbeatable. I've used the letter to further my FOS complaint, they have been caught with with trousers down now + I'm not afraid anymore!

Nice to get them to admit it finally!

OK, only couple bits that might be of interest to others: "Borrowers... are being offered the option to consent for their up to date accounts to be reported. If consent is withheld, these loans will not be reported to credit reference agencies unless they are in arrears or default" "should xxx complete and sign the deferment application form, but indicate that he does not consent to the fair processing notice, then his deferment application will be processed in the usual manner" So, the FPN is optional and "...we will backdate the period of deferment by the maximum three months permitted by the regulations" Wonder what will happen with month 4 then... ok... now need a copy of the deferment form so I can look at the FPN bit... think I know a link... Think this is a bit of a win.

Interesting response from Erudio to FOS today, need to have a good look at it shortly. Brief scan is that they will accept deferments if you use their form and sign FPN but make it clear that you don't agree. And annoyingly that they send me a reminder about my deferment being incomplete, but I never received anything. Pretty important letter to of been missed. I'll read it properly and post up relevant stuff tonight once I get a toddler to bed.

we should get together and crowd fund a miss-selling case, ruin the *!?**?! as punishment for their chancing ways!

Cheers for the reply, nice to know I'm not the only stubborn one! Lawyer input will be interesting - did you see the post on MSE about the guy who's partner is a lawyer and wrote a letter to them which got approved without signed the FPN? Yeah, kinda thinking it might go to court - well, think it'll get to the stage of court threats, but doubt very much that they'll go thru with them. Not overly concerned when I actually think things through rather than just knee jerking to the fact I'm in so much arrears (allegedly). I fired off another letter of complaint + will update FOS on whats happened shortly. End of the day, I believe we are in the right, if we aint, well... I'm pretty sure I'm gonna have to pay it back at some point (salary projections) so figure starting to pay it now at a greatly reduced and affordable rate wont hurt! Nothing to lose really! Cheer for reply.

Talking to myself here.. but here goes. The account was 40p in arrears historically(2010), erudio notified me about this on 18th july 2014. There letter also states that: As long as you continue to be behind with your payments by any amount, you will be sent notices about this at least every 6 months. We are not required to send you notices more frequently than this, even if you get further behind with your payments inbetween notices. Is this correct? If so I guess they didn't have to tell me about the arrears getting bigger. But wait... the last NoSIR was dated Nov 2013, so the date it was issued was more than 6 months ago, even if it was received in July (still more than 6 months since nov 2013 mind you)??? This is an important one as will form the crux of my complaint if they've not met their obligations. Also related to the overal thread, but not the NoSIR, the annual statements they sent say in regard to deferment: repayments must be made until you are advised that an application to defer has been accepted Is this correct? If so, would really like clarification on where I and others fighting them stand in this regard. If they just ignore our correspondence, then say tough, you've not paid and now defaulted, can they get away with this? Thanks again.. still learning

Hi guys, I'm preparing a letter of complaint again, and have a couple questions re: my last post - hopefully simple to answer. Do erudio have to notify me of arrears accruing on the account? Should arrears appear on the statements I have been sent? They stated my account will not attract interest untill sept 2014, does this mean its on hold, therefore cant accrue arrears either? Any input should help me figure out where I stand and is much appreciated, thanks Ross

So, just realised through an indirect letter from erudio that I'm 3 months in arrears. story so far: CCA request sent. CCA reminder sent. Applied to defer with letter and bank statements, no DD's or FPN signature. FOS complaint sent FOS acknowledgement letter CCA request acknowledgement letter Remedy of account letter - explained that my account was in arrears while SLC had it, so explained a reduction in debt + included backdated reminder letters/statements etc. Letter also says my account will not accrue interest untill sept 2014. (assume on hold?) I sent the funds to clear the arrears (40p) CCA request fulfilled, although I've not checked the agreements are right, and an up to date statement (doesn't mention arrears) Thank you for payment (50p) letter which states that my account is 500ish in arrears. Anyone know what happens next??! I've not had a letter confirming deferral, but I've not had any letters saying I'm in arrears either, or any requests for payments. I have proof of postage for eveything. So, they seem to have ignored my deferment application and may have put me in a default situation? Is it going to court next? Not afraid to go Cheers

ffs. wiped my post... ok. I started uni in 97 and took my first loan in 98. My loans are all mortgage style, but being 98 onwards have different conditions to the loans taken in 97 and ealier. People who started in 98 have different loans that are repayed through the PAYE system. 98 and on, they can share details with CRAs IF you break the agreement. 97 and before, they can share details if they judge appropriate. My understanding is that anyone with a loan taken in 98 or later will sacrifice rights by signing the fair processing note, or the deferement form. Details of loans taken earlier can already be shared with CRAs. Also the sale of the loans to Erudio is covered by the sale of student loans act 2008, its not like a regular debt sale. I'm completely ignorant to most legal things, but imagine erudio are well covered by the legislation.

Explanation for the partial refund: http://www.bitterwallet.com/90s-student-loan-borrowers-to-get-refunds/74427 Although not mentioned in my SAR this certainly ties in with what was going on. I never missed two months, but did miss one.

Zaly - this should interest you. Cheers Warren, i really appreicate your input - some conflicting opinions on other forums about the status of a misssed CCA request have got me thinking. Its been stated that account wont legally be in dispute, and that defaults can be issued. Also is seems missing a CCA deadline has no real implications if they then supply the paperwork at a future date. So I'm left wondering what I can achieve by not deferring, potential default notes (t's and c's say they can) and arrears. I can defer, so I dont see an upside to not doing it. The CCA request will undoubtedly eventually be complied with, so why stick to that one vain hope of 5/6 years passing. Think I'm gonna play ball and apply to defer, but without their forms. I just cant see the upside of not trying to defer. cheers guys