Erudio using state benefits, refuse deferement, i want to go to court over this

[dx100uk]

send back a filled in copy of the OLD SLC deferment form

 

 

gives them no rights to mark your CRa file

 

 

and gives them no rights to include benefits

 

 

the T&C's cannot change

if you don't sign their new form.

 

 

if you have deferred successfully with the slc

and your circumstances have not changed

eruido cannot force you to pay.

 

 

dx

[sabby1978]

Thank you for that DX. By any chance do you know where I can get an old SLC deferment and could I write an accompanying letter saying that I will make a payment of £25 per month to be honest the process of deferring under erudio has caused me a lot of stress and I would prefer to avoid it.

 

 

Again, what would I say about not signing their papers?

[dx100uk]

don't pay them anything

 

 

if you circumstances are not changed

from when SLC allowed you to defer

they can do nothing.

 

 

there are no laws whatsoever that you MUST use and sign THEIR paperwork.

 

 

they have been sold a debt

it already has a signed agreement [from sometime]

so it already has associated T&C's

 

 

THEY CANNOT VARY THEM.

 

 

however, if they send you a form to sign [and they have in 2 places it asks you to sign it]

 

 

if you read the small print CAREFULLY it says you are signing to ALLOW and AGREE to CHANGES in the original T&C's - DONT SIGNIT

DONT USE IT

 

 

attached is the SLC deferment form

[sabby1978]

Hi DX,

I hear what you are saying but to be honest I cant be bothered with the hassle of deferring every year and I think that I could afford to pay £25 and would prefer to do this rather than having to deal with them any more, what is the best way to do this?

[dx100uk]

stupid move giving In to a fleecing DCA.

 

 

dx

[dx100uk]

makes a mockery of 130 posts of advice.

 

 

dx

[brassnecked]

even offer them the £25, and they will deem you to have accepted their T & C's and when they say £25 not enough they will default you and try for a CCJ for the lot, do as DX suggests.

[sabby1978]

Ok, I will submit old slc deferment form. I feel that I Could afford 25 but if that means I am entering into a new agreement with them and that they can mess up my credit file which I have worked so hard to rebuild then it's not worth it.

 

I will keep you all updated no doubt I will need further support and advice

[renegadeimp]

Why on earth would you want to pay a DCA a penny when you legally do not have to pay them anything at all? Time for you to stop being scared simply because a random chancer shouts at you.

[sabby1978]

Hi all,

I've posted on here before regarding Erudio and their insistence that housing benefit is part of my gross income.

the old SLC never considered housing benefit

 

 

without this being included I'm substantially under the repayment threshold and I'm over the repayment threshold when it's included.

I have been arguing that housing benefit is a non taxable income which was never considered by the SLC and that under the T&Cs of the loan is an exempt income.

 

I have raised this with the ombudsmen

however they initially ruled in favour of erudio

however it is now being dealt with by an adjudicator as I expressed that I wasn't happy with the decision

based on the fact the investigator failed to consider relevant information

I.e. I have deferred for the previous 6 years under the same circumstances

and on the basis they had not considered that housing benefit is a means tested non taxable benefit.

 

This situation has been going on for two years nearly and after two years of unrelenting correspondence and complaints I've had enough,

I have mental health problems and I find this very stressful.

 

 

About 4 months ago I offered them £50 per month simply because I want them off my back,

I could afford that presently (though if my situation were to change I couldn't) and I don't dispute I took out student loans

but erudio refuse to accept that I meet the deferment conditions or my offer,

 

 

they continue to send me letters.

 

 

I just want the matter to be concluded after two years.

 

 

My question is

 

 

can I take Erudio to court and let them settle the matter.

If so what do I do and what would be the best grounds for legal action I.e. harassment?

 

thanks for your help and advice

[fkofilee]

Why not just use the SLC Deferment form.. .I think it is valid and state that Housing Benefit ISNT Included as part of the original terms of the repayment for the loan etc!

Simple!

 

If Erudio dont play ball, then you drag your heels with them. Your health is most important. If its with the Adjudicator wait for them to come back.

[sabby1978]

I've done all of that and everything humanly possible

 

 

I just want to know If erudio can be taken to court,

 

 

the process and can I use harassment as grounds.

 

 

I don't want to waste anymore time corresponding with erudio as its futile and its really weighing me down.

 

 

Please any advice on taking erudio to court

[fkofilee]

Have you logged everything that has been sent to you? It is my understanding that once the Adjudicators rule, it cant be challenged in court. Thats what an adjudicator said to me when i enquired.

So Im not sure whether you could. If they are harassing you and you havent included it in your complaint to the Ombudsman then you could potentially go to court with it.

[sabby1978]

Yes everything has been logged as its nearly all been done via email. What I really want to know is can I take erudio to court and if so what is the process?

[dx100uk]

pers I think that is unwise.

 

 

dx

[sabby1978]

Sorry just to be clear the investigator at the ombudsmen said she couldn't officially rule and so she was handing over to an adjudicator.......that was at the beginning of April. I just wanted erudio to be held accountable and for this whole debacle to finally end. My complaints and challenges are falling on deaf ears.

 

In fact in around April erudio said that my account was on hold until they had investigated my numerous complaints but still no response only demands for money, statements of arrears and threats of court. Arrears have only accumulated because they have refused to accept my 5 previous deferments.

 

It's very stressful, please help

[dx100uk]

why do you keep kicking this debt?

 

 

you've been told several times to let this drop.

 

 

send off the SLC form to rodeo

and then ignore them

 

 

you seem to be hell bent on entering into unnecessary agro

 

 

if you credit file is still clean then I cant understand why you keep kicking them.

 

 

let them rot.

 

 

dx

[sabby1978]

Why is it unwise? And how do I get them off my back?

[sabby1978]

I haven't been told to let it drop, I don't want to be harrassed any more and I don't know what else to do

[sabby1978]

I've Sen t them 5 deferments and they've rejected all saying I need to fill in their form, I'm hellbent on resolving the matter not aggro

[i hate bailiffs]

I haven't been told to let it drop, I don't want to be harrassed any more and I don't know what else to do

 

Read back through what has been posted

All 8 pages the answers are there

[audiobookman]

sabby, i know how you feel, you want these parasites to stop bothering you.

Ive / we all have been there on this site, and the advice is the best you can ask for anywhere.

 

DCA's such as the one you are dealing with have ZERO powers, they will huff and puff threaten and always say "may do this" or "may do that". At the end of the day that is as far as they can take it.

 

The agreement you originally agreed to is set in stone, the DCA cannot change it, if housing benefit is not mentioned as a gross part of your income then that they way it is, never to change.

 

You have filled in the form - now forget them, any other paperwork they send you just file away, ignore the parasites they want you to reply - by you replying they will rebuttal and you will end up in letter tennis and a heap load of stress.

 

The government for some strange reason decided to make a quick couple of quid and sold the debts, your conditions are the same, they cannot mark your credit file even if they do so what?!. You have stated you have worked hard to clear it but at the end of the day if your not planning a mortgage etc how is this going to affect you unless you work for the police or a financial body. If they do you should be able to get it removed.

 

Relax, dont worry about it, i was like you and lost sleep because of a toothless DCA that even came to my door. Life is to short to worry about this.

DX is top read though what he has said and you wont go wrong.

regards

[WindySock]

[WindySock]

The list of excluded benefits on the reverse of the SLC deferment forms were to directly quote the forms.

 

Personal Independence Payment, Armed Forces Independence Payment, War pension, Long Term Incapacity Benefit, Short Term Incapacity Benefit (at the higher rate), Employment and Support Allowance

Severe Disablement Allowance, Disabled Persons Tax Credit, Industrial Injuries Benefit, Disability Living Allowance, Severe Disability Premium and Disability Premium are not taken into consideration when determining income level but MUST be stated.

 

Housing benefit is/was NOT exempted on the reverse of the forms, which means SLC should have taken it into consideration as income. In most cases unless they made a mistake, they did.

 

Take legal action and you will lose I'm afraid to say.

 

If the FOS ombudsman makes basic enquiries to SLC and/or Erudio, it's quite likely it will be shown to their satisfaction that HB should have been included as well.

 

I wish you luck, but I fear you are backing a losing horse here.

[WindySock]