Koko vs Student Loan Company

[kokomar]

That's it folks I'm on a roll. I sent a Subject Access Request by recorder delivery today to the SLC. Actually I'm only missing 2 statements, not bad after 12 years. I have listed my charges on the statements I have, they come to £180 and the best bit is that the first charge didn't occur until 29/6/01 so all the charges they ever added are within the last 6 years!

As I've mentioned elsewhere they gave me a nasty shock earlier this year telling me "no more deferments, pay up now" long story. I'm paying off £1K in six monthly installments (cripling). Anyway the last installment is due 10/12/06, the Subject Access Request data should be with me no later than 20/11/06. What do you all reckon should I with-hold the last installment as it is wholly comprised of their charges and ask them to alter their records accordingly or should I pay up like a good little girl and try to get the money refunded? No idea which way to go so would appreciate suggestions!

Koko

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[kokomar]

Er correction just counted my fingers and toes twice to work out the Subject Access Request should be with me no later then 11/11/06 (I think)!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[livity]

Originally Posted by kokomar

What do you all reckon should I with-hold the last installment as it is wholly comprised of their charges and ask them to alter their records accordingly or should I pay up like a good little girl and try to get the money refunded? No idea which way to go so would appreciate suggestions!
Koko

If you can afford it, pay up but enclose your letter before action with the payment (like a bad little girl!)

The SLC has been in debt to me twice in the past two years as a result of unlawful penalty charges. It repaid reasonably promptly after receiving the letter before action - expect delaying tactics, like asking for more time (like they can't scrape together £20!) then repaying *just* after the deadline ("the cheques in the post").

Very best of luck, these clowns need to wake up and smell the law.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[kokomar]

Thanks Livity, they cashed my cheque straight away but I haven't had the data yet - not surprised really we're nowhere near the deadline of 11th Nov. My last payment is due 10th December so the timing for the lba couldn't be more perfect. I will follow your example. Thanks. Koko

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales