jacobjones
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Everything posted by jacobjones
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My wife has now been send two £50 cheques. She didn't cash either of them.
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"(The forms by the way came after 3 months of requesting them, even though in there t&c's they say they will be sent out 2 weeks before renewal date, erudio said they had sent them and informed me i was now in 3 months arrears)." This happened to both my wife and I last year. They are deliberately delaying (or in our case) not sending the deferment forms in order for it to appear that we are in arrears.
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My wife took out student loans in 1998. She repaid them for a few years, but then deferred due to low income. Her monthy payments at that time was £80 a monthly. This year she went over threshold and should restart paying. However, Erudio have hiked the payment to £120 a month. MY wife will be 50 in two years time and they have done this, so that she repays the entire loan before she becomes 50. I was under the impression the student loan should be repaid in five years of equal payments. Thoughts? Can they legally increase the payments?
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Hi. Could someone give me the link to the CCA forms I need to get original copies of my agreements and statements from Erudio. I want to make sure I'm sending the right forms. Thanks.
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Janmarie Yes, there has been an enormous amount of false info on here. You should not be relying on an internet forum for legal advice. That said, I've learned a lot from here and think I have it pretty figured out. This is how I'm dealing with it; Applied for deferral in September 2014. They said I wasn't eligible, I said I was. Continued back and forth with emails - no ground given by either side. I requested CCA end of January 2015. End of February 2015, they sent my notes to some complaints office who once again said I wasn't eligible for deferment, at which point they said they would send my CCA to me. It has now been 4 months since requesting CCA and nothing has come. I have not heard from them for over six weeks. I am hoping that they don't have my agreements, which means the case is in lock down forever. However, if the agreements do show up, my next step is too complain to the ombudsman, which should drag it out another six months. If the ombudsman goes against me, I will disagree with the decision and tell them to take me to court and see if they actually do it. In the mean time, I have been putting away a bit of cash each month to cover the debt on the off chance that it comes to that (highly unlikely). I am prepared to stretch this out as long as legally possible, but in the end, if the agreements turn up, and they are prepared to take me to court, I'll probably pay up. However, I'm wondering how much they are willing to invest in one case, when there are plenty of others who aren't prepared to put up a fight. My advice is to drag it out as long as legally possible and hope they've lost your agreements.
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How long did it take from the time you wrote to the ombudsman to the time of the decision?
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I have a question about the following paragraph, would a breach in obligation need to be proved in court? A Mortgage Style Loan borrower’s liability shall be cancelled: When the borrower dies; If/when the borrower is not in breach of any obligation in relation to any loan and, if they were under 40 years of age when they last entered the loan agreement, when they reach the age of 50 or when the loan has been outstanding for not less than 25 years (whichever is the sooner); or If the borrower was over 40 years of age when they entered the loan agreement, when they reach the age of 60.
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"So all the law says is that you have to "show" Erudio that: a) Your income for the month before the month you apply for deferment was below the threshold and b) You income for the 3 months following that month will not or is likely not to be above the threshold." See, I have a real problem with this. A threshold is something to be met, before another reaction (denial of deferment) can happen. Part B is actually referring to a future-projection, not a threshold. Once I receive my original docs (if I ever do receive them), I will make a complaint to the ombudsman based on this. Also, the SLC does not refer to the threshold in monthly terms, it refers to a yearly threshold. It's quite easy to pick holes in their wording, as it is extremely badly written.
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It's now been three months since I requested my original docs. It's all gone kinda quiet. I'm not going to write to the Ombudsman until I get them. I shouldn't have to make a complaint until I have been furnished with all the info I need. Plus they can't do anything while I drag it out. Plenty of time............................
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I'm not quite understanding the statute-barred thing. If I ignore SLC for six years, then the loans become statute-barred, but if I send in a legitimate deferment form every year for six plus years, they do not. Is that right?
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What's the average amount it takes for them to supply copies of original documents? It is weeks, months or years? Do they actually have copies of all of them? Just wondering.
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Thanks. What and where is the adjudicator? I have taken it as far as I can with Erudio. Also, does the ombudsman cost anything?
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I had another letter from Erudio saying that they are refusing deferment and this was their final decision, although they appreciate they did a crap job, they also sent a cheque for £50 for my trouble! They also sent some information about making a complaint to the ombudsman. I have sent Erudio one final email letting them know that I will be taking this option up, as not only have they not answered my questions, they have also not sent copies of my original documents, even though they promised to do so in two emails in January (they did not ask me to send a CCA letter or £1, they just flat out said they would send them to me, which of course, they have not). So, really, I'm trying to drag this out. The ombudsman says I need to email them within six months. Should I email them now, or should I wait until the original documents turn up, then email the complaint?
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I'm happy to fight them. I have pretty much done numbers 2, 2a and 4. I'm a little concerned about it, but not scared / intimidated. I am happy to stand my ground. I did not send them a CCA letter with a pound. I emailed them and said please advise me on where I should send the CCA and they replied they that they would send the agreements to me. No more mention of CCA or pound fee. Still awaiting delivery.
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So I continued to point out that I was under threshold for the year before the deferment and also under threshold, on average, for the three months before deferment. Apparently my application has now been sent to a complaints department and will be answered within eight weeks (deferment was up last September). Still waiting for original agreements to arrive.
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Erudio, arrears, re-payment schedule and telephone calls
jacobjones replied to timetomoveon's topic in Student loans/SLC
What is the purpose of having a yearly deferment threshold amount, when the agreement says they look at the three months after the deferment period. That's not a threshold, that's a future projection. -
SO, I have asked for a copy of the original contract. Is it correct that they can't take any action until that arrives? Are they actually sending these out when requested? I was under the impression that in some cases they have been unable to do this. Any know?
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I live overseas and am not entitled to benefits of any kind. I supplied payslips for the two months before deferral. The month before that I didn't supply anything, as I didn't earn anything, so I have no proof. I did send one page of my contract which had the start date on it and a year end summary from my job, which tallies with the payslips. I also sent info about my previous contract that showed there was a two month gap in the middle. I find it unbelievable that they can tell me (in writing) how they calculate deferment in one breath, then ignore that criteria when it doesn't work for them. By not including that third month (where I earned zero) they are pushing me over the limit. They are picking and choosing criteria that forces me over the limit. Also, I am a contract worker, albeit on one year contracts. According to Erudio's document, "Getting Your Deferment Application Form Right", when I fill out my deferment application I should, "ensure that you insert a monthly figure. For example, if your current annual earnings before deductions (and including any bonuses and other taxable benefits) is £12,000 a year, your gross monthly income is £1,000." If I do this for the year before deferment, then, again I am under the threshold. However, they are choosing to only select the two months before deferment. The purpose of the above criteria is to smooth out the salaries or self-employed and short term contract workers, to get an average salary, however, they are doing the reverse, by choosing the optimum months to force me over the limit.
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I just want to bump this up. The posts above were written over a period of six weeks, but only posted in the last few days (thank you dx100uk), so might look like ramblings. This is where I'm at as of today. I am questioning the way Erudio judge how people reach the threshold. The student loan company only states a yearly amount (currently £26,727) and refers to it as a threshold, the dictionary definition of which is, "the point at which a stimulus is of sufficient intensity to begin to produce an effect." to my mind that means I can defer until I reach the threshold amount in the year before deferment. I ask this because I recently started a job which, if based on a monthly threshold, would appear to be over threshold. However, this new job followed two months with zero income. In the year before deferment I earned less than the yearly threshold. In the three months before deferment I, on average, earned less than the monthly threshold (because in one of those months I earned zero). I asked Erudio to lay out their criteria for deferment. They cut and paste this from another document, "we use copies of your wage slips confirming your gross income for the last three consecutive calendar months to calculate your average monthly figure for the previous 12 month period." On this basis I am well under threshold, however, when I questioned Erudio as to why I am not being deferred they said they were only using the two payslips I provided and not including the third month, when I earned zero. As a consequence, this pushes me over the monthly and yearly threshold. But, this also means they have ignored their own criteria, by excluding one of the three months before deferment. Erudio have ignored their own criteria in order to bump up my salary average. . I have now requested that they send me a copy of the original contract and they have said they will do that. I referred to the 1974 CCA when I asked them to do this, but I did not send a template letter or £1. I have told them that I will adhere to the agreement that I signed. If I remain in my new job I will almost certainly not be able to apply for deferment next year, but I will not pay before I have to. Thanks for listening!!
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I have a question about thresholds. There seems to be a monthly threshold and also a yearly one. My deferral should have started a in mid-November. I changed jobs mid-year and spent two months with no income. If you look at my salary for the year before the deferral date, I earned less than the yearly threshold. If you look at the three months before the deferral date, then I also, on average, was well under the monthly threshold. However, my current employment pays over the monthly threshold. Two pay cheques from the job fell in the year period before the deferment date (September and October). Should I start paying it. To my mind, if I haven't met the yearly threshold in the year before the deferment date, then I should be able to defer. Is that correct. The purpose of a threshold is something to be met over a period, no? I will probably be in this job for a few years, and I know that next year I won't be able to defer, and I'm ok with that. However, I don't think that in my current position I should be being it now. I am going to email them one more time and ask them this. If I don't get an adequate response I will ask for a copy of the original contract (CCA?), That will either clarify the situation or, if they wish, bring it to a halt. Thoughts? Is the threshold amount based on the year before deferment or the year of deferment. I've always understood it the be total slary for the year before deferment (meaning a threshold to be reached). My total wages for the year before the deferment date were less than threshold, but during the period of deferment I am asking about my salary will be higher than threshold. I just want to confirm that the threshold needs to be reached before the deferment date, as opposed to a future projection of what will be earned during the deferment period.
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I have not earned enough to pay back my student loan for the last ten years. I now find I am slightly above the threshold, if indeed it is a monthly threshold. Over the course of the last year I have earned less than the yearly threshold. Over the course of the last three months I have earned less than the threshold (divided by 4). However, the fact remains that my monthly salary is currently above the threshold and has been for the last two months. How is the threshold calculated? Is it on the previous years earnings divide by 12? On this months earnings? Thanks
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