Nurselayer v Student Loans Company

[Nurselayer]

Hi Guys and gals,

I'm fed up with the Student Loans Company and I want to take them on. I've done my reading on this site but I'd still like your advice. On this thread Loan Company Cannot Supply The Original Agreement it seems that the SLC (Student Loans Company) have lost some original agreements but that I will only be able to get my loan written off if I ask for a copy of the original signed agreement under the CCA (Consumer Credit Act) and they can't supply it within 12? 30? 40? days.

I also know that the SLC have added charges to my account for letters that they claim to have written to me. I would like to claim these back and I suppose that the first step would be to send a S.A.R - (Subject Access Request) letter.

I am assuming that I could do these on the same letter as long as I send a payment for £11 (£10 S.A.R - (Subject Access Request) and £1 CCA) ?

I would be most grateful if someone could look over the text of the letter below and advise me if it would be ok to send to the SLC.

"Student Loans Company Ltd
21 Thomas Street
Bristol
BS1 6JS


24th July 2006


Dear Sirs,

Data Protection Act 1998
Subject Access Request

And

CCA 1974 Request

Reference: Student Loan Account Numbers –
98PONOXXXX
97PONOXXXX
96NCFHXXXXX
95NCFHXXXXX


Please be aware that I no longer acknowledge these debts to your company, and therefore require you to supply the following documentation before I will correspond further.

Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a payment of £4 in payment of the statutory fee for each account.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Please also supply me with a complete list of transactions and charges relating to my history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.


Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully



ENC: Cheque for the sum of £14."


It would also be really great if there was a specific Student Loans Section/Forum on the site as I think that there many of us who would like to avoid paying their unlawful charges (and if possible and legal, avoid paying them anything at all).

Many thanks in advance for your help.

Nurselayer

[Giveitback]

I'd thought that the £1 was to be a postal order. Otherwise it looks good to me, and guess what I'll be doing in the morning.

Shouldn't it also be clearer that they have 12 days to comply with the CCA? Or is that in fact a plan to make it less likely that they supply it?

Best of luck with it, I'm right with you. I hate the SLC with a passion, so if this could work..

[blackrain]

Any reason it would have to be a postal order and not a cheque? I sent a cheque.....hope I haven't balls'd up.

[Nurselayer]

I'd have thought a cheque or postal order would be fine. I'm sure that as long as it is an accepted method of payment there won't be a problem.

[meagain]

Originally Posted by Nurselayer

I'd have thought a cheque or postal order would be fine. I'm sure that as long as it is an accepted method of payment there won't be a problem.

My understanding is that they are not entitled to pick and choose payment methods.

[Nurselayer]

I got the following response from SLC:

"Thank you for your letter dated 25/7. I acknowledge receipt of your payment of £10 which has been passed to our finance dept.

In accordance with sec.7 of the Data Protection act '98 we will dispatch a copy of your file within 40 calender days. This information will be sent to you by special delivery on or before 8th Sept. We will confirm the delivery date prior to sending.

If in the interim period you have any queries, please do not hesitate to contact us."

What I find most interesting is that they have only addressed the Data Protection Act part. In my letter (above) you can see that I actually sent a chq for £14 of which £4 was for the CCA 1974 disclosure. I am hoping that they have just ignored this part of my letter.

Watch here for further news.

[Giveitback]

they don't seem to be bound by the Consumer Credit Act. However I can't seem to get hold of any original T&Cs to find out if they're bound by anything at all.

[Nurselayer]

Why do you say that they are not bound by CCA Giveitback? Have you tried this with them then?

I thought that pretty much any loan was governed by the CCA?

[Giveitback]

It was mentioned over on this post:

Loan Company Cannot Supply The Original Agreement

And I've seen it in a random article somewhere. I'm still researching further, as I have a feeling that there might be a cut - off point before which they were CCA.

Something to do with the Education (Student Loans) Act 1998?

Still working on it. Anyone else?

[Nurselayer]

It seems that you may well be right Giveitback. Loans taken out before 1998 are governed by the CCA. It has now been well over 30 days since I made the CCA request and so I am about to compose my letter asking them to confirm that they accept that the debt is now unenforcable. I'll put it up on here before I send it.

[Nurselayer]

EEK, I've just read that it is 12 working days and then another calendar month. Is this right? This would mean that my request was deemed as received on the 27th July, 12 working days would be 14th August and now they have another calendar month to take the date that they need to respond back to 14th September! Am I right on this? If so I'll be really p'd off as I think that they'll send the information that I asked for in my Data Protection Act request on the 6th September and this could well include copies of the signed agreements. If necessary can I instruct them to cancel my DPA request? I think that if I do that then they won't send the CCA information that I requested. Any advice is much appreciated.

[Giveitback]

yeah, they might just get it to you just in time. They got mine to me today, which is about 25 days after they defaulted. I swore a lot. but hey, such is life. Still going to take them for the 'charges'

[Nurselayer]

So am I right about the 12 days and then plus a calendar month? Interesting that they sent your information to you under the CCA, does this mean that they accept that they are governed by it? I shall ring up and cancel my S.A.R - (Subject Access Request) request under the Data Protection Act tomorrow. - I'm praying that that'll throw them enough not to think to respond to the CCA request. Out of interest Giveitback, did you make a separate CCA request to them or was it like mine a joint one with a DPA request too?

[StoneLaughter]

SLC do not operate agreements regulated under the Consumer Credit Act. In other words, for the avoidance of doubt, there are no "copies of original agreements" to be supplied, and no time limits under which they would be supplied. Student Loans are regulated under other legislation. I would advise you to drop this immediately.

In addition, you know you owe Student Loans money. You know how much the loan is, and how much you have paid. You are sent a full statement every year. This site cannot condone activity designed to absolve you of responsibility for legitimate debt. The idea of the CCA process is to allow people who are being harrassed by DCA's for debts (regulated under the CCA 1974) which are NOT THEIR DEBTS, or where unreasonable fees have been applied by the DCA or original debtor, to force the DCA to desist, and to have those balances written off where appropriate.

[meagain]

So, how are the Student Loans regulated, and where do borrowers stand as regards their rights?

[dolly]

From: http://www.slc.co.uk/noframe/index.html

The Student Loan Company is wholly owned by the UK Government and operates within the policy context set by the Government, Scottish ministers and the legislative framework.

As far as I can see, they are regulated by the government themselves.

[Nurselayer]

Thank you for your quick reply Stonelaughter. I'm not convinced that student loans pre 1998 are not regulated under the CCA 1974 act as I've been advised that they are. As you can see SLC have responded to Giveitback under terms of CCA1974 which would lead me to believe that they are bound by it's rules.

And if they are bound by it's rules I intend to ensure that the SLC abide by them, I do not see this as morally wrong.

The SLC run their own DCA and are as capable of harrassing people and applying outrageous fees as any other DCA. I'm not 100% sure of the exact penalty charges but just like banks they apply automatic charges of £30 (I think) per letter.

[Nurselayer]

It is the Student Loans Company LIMITED.

It is just another Limited company, I cannot see why they should be treated any differently from Joe Bloggs Loansharking Company Limited.