credit agreement received

[summer30]

Student loans sent us the credit agreement today for OHs loan , I can just make out its the right one with a signature(we arent disputing that) its more for the arrears but the rest of it is so badly photocopied its unreadable.

Do I now write back asking for one we can actually read?

they just said dont contact us its now gone to Scotcall

[old_andrew2007]

Originally Posted by summer30

Student loans sent us the credit agreement today for OHs loan , I can just make out its the right one with a signature(we arent disputing that) its more for the arrears but the rest of it is so badly photocopied its unreadable.

Do I now write back asking for one we can actually read?

they just said dont contact us its now gone to Scotcall

I think you are within your rights to demand a readable copy, look around the other threads I am sure you will find information to strenghten your arguement.

Can you name the organisation to whom you sent the CCA to.

[summer30]

It was requested direct and come from the student loans company

[noomill060]

summer- youve a few threads on here- its difficult to know what you want to achieve. I'm a bit lost.

What exactly is the problem?

Please keep it to one thread.

[master woody]

Pre 1999 loans are regulated by the 1973 Credit agreement act

Under the act you are entitle to a TRUE copy of your loan agreement to be supplied by 12 days

When I say TRUE copy that means it must look the same as the original ie a “true copy of the original” So no the scan they sent is not a true copy and they have not fulfilled your request so the clocks still ticking if after days 30 + 2 you still don’t get a true copy the make a statuary offence



A little bit of back ground SLC between 1991 and 2000 scanned thousands of these documents in a database and destroyed the originals so all they have is a poor scan.

The big question is are these scan enforceable???????

Also all pre 1992 documents have been destroy even the scans.

I still pay SLC a token amount until they send me my a true copy documents , Basically were in stalemate situation which where you need to get them.


Also send the telephone harassment letter, so the drongos at the call centre don’t phone.

Try sending this:

The Manager of the Collections Department
The Student Loan Company
PO BOX 26811
G2 9AA

THE DATE


Your reference: XXXXXXXXX

Dear Sirs



Telephone harassment

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded, time and date logged.

Failure to comply with my request will also result in a formal complaint to the OFT for unfair collection practices

Collection while the alleged debt in dispute

On the XXXXX I made a formal request for a copy of the signed, executed credit agreement(s) for the above account(s) under section 77(1) and section 78(1) of the Consumer Credit Act. In addition, a statement of my account should have been sent along with any other document mentioned in the credit agreement.















The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits have expired. ( Put in that the sent document was not a true copy)

As you are no doubt aware subsection (6) states:

“If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence. “

Despite the account being in disputed you continue call me from you collections department , if the continues this will result in a further complaint to the OFT.





Yours faithfully,

[summer30]

Originally Posted by noomill060

summer- youve a few threads on here- its difficult to know what you want to achieve. I'm a bit lost.

What exactly is the problem?

Please keep it to one thread.

Sorry i couldn't find my old thread.

Basically, my OH has a student loan which pre the time when it comes from wages.
In 2006 he deffered it but SLC came back several months later saying they didnt get the forms and that he owed then £1500 in charges and arrears the amount is now £2400

He has called and written and been told to go away or pay an amount he really cannot afford every month.
So last month we sent for the CCA agreement after SLC said they would not listen to our claims of unfair charges and they said as the defferement wasnt sent recorded its tough you know whats

So CCA came back but its illegible, cant read it, v badly photocopied, to add insult a scotcall agent turned up after we sent them a letter about not calling at the house.

So to date Friday a S.A.R - (Subject Access Request) request plus a request for a legible CCA went to student loans.

Hope that clarifys.


E.T.A thanks woody didn't know about the scan thing.

[master woody]

I'd report them to the OFT, passing your account while in dispute. itcriminal offence


Also write to your MP, after all it's a goverment agency.

Also setup an offical compliant from their website.

[summer30]

Update

Waiting for Subject Access Request to come back from student loans also requested a clear copy of the CCA (knowing the copy issues)
Ive given Oh the details to complain on thier site and to OFT

bit of a waiting game now they never reply quickly

[summer30]

Letter came last week telling us Subject Access Request info would be with us by 12th April
So what does OH get today, a phone call from student loans asking him to pay £2400 arrears right now!

How cheeky!

He spoke to them briefly and said we were waiting for the legible CCA and Subject Access Request info.

The woman started getting nasty so I butted in and told him to remind her that nothing should be done whilst the CCA is in default and the Subject Access Request is in process

Never heard someone cut off the conversation so quickly Mwhahahahahahaha

[master woody]

hahahha

[summer30]

What do I do with it! ?!


Seriously I have a wedge of database screen shots, electronic info. But they havent sent us the second CCA which was requested when the first was unreadable.

The only thing I can see with this is that they have a note of my OHs address at the time he deferred, he rang and gave them that new address at the same time as requesting the deferment forms.

But thats not much help is it?

Lots to read through I hope something becomes more clear

ETA : The period we are disputing has no record. They have our address at the time which we had to call to inform them about in March 2006 however there are no telephone or any correspondence notes from then until 07/07 which is impossible as this was when all the cafuffle was

theres also no note of our CCA request but there is a note of the Subject Access Request request

If anyone can help as where to go next please?

[nufsaid]

Hiya summer I am not sure about your next course of action either hopefully this will bump up your post and some bod with better knowledge of Subject Access Request's will see this.

Good luck.

NS x

[noomill060]

You ask what do you do with your data, but you dont say what it is that you want to achieve.

[noomill060]

If you consider that the data provided is incomplete, a complaint to the Information Commissioners Office and a small claim to enforce compliance is in order.

[summer30]

Its the period we asked for it to be deffered in 2006 but they said they never received the defferment form.

Having read through the information its very hit and miss, for instance the notes made by the customer assistants arent what was said, but we cant prove that? in one instance they told OH they would not accept any payment and would not refund charges, however on thier notes it says borrower refused to pay anything and they offered to remove charges if he started to pay again

We are after getting the charges removed, however they still havent provided a legible CCA, and its now over the month after the 12 day period.

[summer30]

Could really do with some help, SARed student loans nothing we can really use, as the bit where we sent back the defferment forms is blank, there is no record of them receiving it.

The CCA was illegible, also they never sent out another when we requested it, all we want is the charges and arrears for that period in time removed but it seems we arent going to win this one.

Its gone quite at the moment but Im sure we will get letters and calls soon enough

Can we use the fact that the CCA was unreadable ? thanks in advance

[rory32]

3 threads merged. Please keep to one thread per topic. This is in your own interests.