The Fight Back

[kurvaface]

Hi there and thanks for taking a look. Any ideas are welcome.

 

I have recently had a scrape with Credit Solutions Ltd who were acting on behalf of the Student Loans Company who were both pressuring me to pay off a Statute Barred Debt. That is all sorted out now.

 

The experience of these two companies turned me into a Cagger;) but at the time, their lies, dishonesty, deviousness and underhanded actions angered me so much that I decided no matter what, I would get them back and be a cost to them.

 

I had a chat today with the National Debt line and a very very nice man said I should kick off with a Subject access request. He said it would be a proper pain in the backside for them and they would probably fail to provide copies of original signed docs etc. He said they have to cough up everything with my name on no matter how old or small. He said if they don't comply within 28 days I can then escalate to complaints etc and take them to court. This sounds good to me so that's my game plan.

 

so

 

1) Can I SAR both the DCA and Student Loans Company?

2) What Info do they have to provide?

3) How Quickly do they have to comply?

4) What are the consequences for them if they fail to comply?

5) How can I make these consequences worse for them?

6) Has a company been seriously screwed yet for failing to comply?

7) Is there a really mean template letter I can use?

 

Thanks again:)

[cerberusalert]

1) Can I Subject Access Request both the DCA and Student Loans Company?

Yes, but it will cost £10 each & they would have 40 days to comply not 28 as you were incorrectly informed.

 

2) What Info do they have to provide?

 

They have to provide everything they hold about you under the Data Protection Act; agreements, letters, transcipts of telephone conversations, statements etc.,.

 

3) How Quickly do they have to comply?

 

see answer 1

 

4) What are the consequences for them if they fail to comply?

 

You can either take them to court and/or make a complaint to the Information Commissioners Office who have the power to take enforcement & fine them £5000.

 

5) How can I make these consequences worse for them?

 

See answer 4

 

6) Has a company been seriously screwed yet for failing to comply?

 

Several.

 

7) Is there a really mean template letter I can use?

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[kurvaface]

Thanks Cerberusalert - informative as usual:)

 

What's the worst that has happened to a company so far and is it ok to name them on here? I am looking for precedents and examples that could be applied to this situation.

[cerberusalert]

There have been a few cases where members have taken companies to court for failing to provide the SAR and won, but AFAIK using that route the complainant although they've gotten an enforcement order they've only won minimal costs. They would be penalised more through the ICO I think, but no doubt I'll be corrected if I'm wrong.

[kurvaface]

Costs I'm not interested in.... max inconvenience for them I am:)

[kurvaface]

What position do I need to reach IE how much non compliance on their part is required to take them to court and what kind of sanctions can the court impose on them?