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    • It's a very simple answer It,s a tradition me and a few of my long term mates go the pub to watch the football all day on boxing day and on new years day and our number one rule is we don't take our phones.! We don't see each other as we used to with us all leading different lives and having families but that is the one thing we have all promised too do until the day we die.! So it was quite normal for me not to have my phone and no need to worry about it because xmas and new year is the inky time of the year that I get a complete break from work zero emails zero phone calls.Its the only time in a whole year I completely have a break.
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    • Name of the Claimant ? Erudio Student Loans Ltd   Date of issue – 9th Jan 2020   Particulars of Claim   What is the claim for – the reason they have issued the claim? 1.The claimant claims £10,100 for monies due from the defendant   2.The debt was pursuant to a regulated agreement(s) between the defendant and The Student Loans Comedy Limited. Each agreement had an individual account number as follows  XXX XXX XXX XXX   3.The defendant failed to make payments as per the terms resulting in the agreements being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreements.   4. The debt was assigned to the claimant on XX/XX/2013, with a notice provided to the Defendant. A new master reference number XXX was also applied upon assignment 5. The claimant has complied with the Pre Action Protocol for Debt claims.   What is the total value of the claim? £10,100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent to my home address   Did you inform the claimant of your change of address? No, I have never heard of Erudio before I received this claim form.  I did notify The Student Loans Company Ltd about my address change though. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Student Loans   When did you enter into the original agreement before or after April 2007 ? Before.   Do you recall how you entered into the agreement...On line /In branch/By post ? I think I signed the forms in person, although it would have been about 25 years ago so I can't be positive.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It says that the debt was assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I have never received any notice of assignment   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember   Why did you cease payments? I always returned Deferrment notices to The Student Loans Company as I never earned enough to have to start repaying these loans. I still haven't. But the SLC stopped sending deferment notices to me, and in fact stopped sending anything to me. I don't know when the last time I had any communication from them.   What was the date of your last payment? I've never paid     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not   This is for a huge amount of money, and I've never heard of Erudio before I received this. I do sometimes have problems with my post at my home address.  I really appreciate all help that anyone can give with this. My ideal outcome on this would be that they drop the court action and I send them Deferment notices for the future.
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Useful things I worked on re NatWest and 6 years data

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I was interested in finding out what NatWest had on me

I thought I would ask them for a Subject Access Request.

 

I used the suggested wording from the ICO and used their register of data controllers to get the address from.

I never sent a thing recorded delivery but normal snail mail.

 

My first response was, do you want statements?

And can you specify the account number involved?

I politely wrote back saying, "I would like a full Subject Access Request".

 

A week later I received recorded delivery a load of stuff and 6 years statements(didn't need them anyway).

 

However, being a former member of NatWest,

I knew they were not complying so I asked them for the stuff from the NatWest Archive, which I duly received today.

 

Curiously there was a line in the letter that stated

"Our standard procedure for providing personal data allows for six years data to be provided."

 

I was intrigued so asked the ICO for a view and they said that it would depend on the data retention policy which could be determined by other legal statutes and regulations. So I asked the question to NatWest, what is your data retention policy?

 

A few emails later and I got this response:

 

"if I make a SAR request would I expect to receive ALL data on my account or would it be restricted to 6 years worth of data? It would be restricted to six years

 

To follow up on termination of accounts, and the issue of SAR would that be expected to be produced on a Full Subject Access Request? Again six years back from the day you request the information"

 

Those of you that know me,

will realise that I wasn't happy with the response

I asked for a view from the ICO and there response verbally to me was about "disproportionate effort" within the Data Protection Act 1998.

 

More to come on this but if the bank have not sent data to you from October 2002 go backwards to 1991/92 then send them a polite request for the Notes on the archive. If you want me to explain more on the Archive notes, I can :D

Edited by dx100uk
formatting

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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes please. A full explanation of the system and archive notes would be very useful for all of us.


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By the way, "disproportionate effort" does not refer to the effort required in searching for the data and laying hands on it.

"Disproportinate effort" refers to difficulty in presenting it in some intelligible form.

 

So for instance, if your personal data included your genetic map. having it rendered into some alphabetic form might involve disproportionate effort.

If you wanted transcriptions of phone calls then the renderig of recordings into transcripts mght involve disproportionate effort.

There might be some instances where your dislosure might have to be made by, say, a visit to the data controller's premises because anything else might involve disproportionate effort.

 

However, the overriding principle is that the data MUST be disclosed - regardless of the effort involved.

It is only the manner of its disclosure which is subject to a test of proportionality.

 

 

The IC is avoiding the issue and is incorrect (and it won't have been the first time either)


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NatWest Archive is the previous computer system that was used prior to integration with RBS Group system. What that meant what that for every loan you took out, every item returned was recorded on the NatWest Archive. That means that providing the bank do not look at the DPA 1998 and "disproportionate effort" that everyone is entitile to those notes. I know I have suggested it previously with regards to finding accounts when they are closed but it has other useful bits.

I think BF you were helping Sneax, this will help him get his details going back to 1995, if I remember rightly on his thread.

 

EDIT: that is from October 2002 back to 1991/92


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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ICO mentioned emails for example, if you SAR an organisation for emails and there say 1000 emails to find that it could be classed in that manner.


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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Please see this thread and the link to information Commissioner guidance on the satisfying of SARs

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/199553-data-protection-sar-guidance.html#post2168775


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