Emma vs Student Loans Company

[emmaf01]

Well, I've got a response, for what its worth. It is from the customer assistance team, who are either now answering the chief executives mail or the don't bother passing mail to the office of who it is addressed to..... SLC logic I suppose.

 

It says-

 

"I appreciate your concerns regarding the level of charges.... wehave therefore looked closely at the charges we impose to ensure they are compliant with the most recent decisions. We have also consulted the OFT who have confirmed their agreement to our approach."

 

"We are therfore satisfied that the charges we impose do indeed reflect the level of work required to deal with accounts where borrowers have not kept their payments up to date and are anxious to ensure that these charges are met by those borrowers in arrears and not passed on to the majority of our customers who meet their monthly payments"

 

ANd then on to the other letter-

 

"I refer to your letter addressed to Ralph Seymour-Jackson in relation to the SAR and the credit agreements issued to you. I will explain the process the credit agreement issued to you for you to sign and return. When returned the credit agreement was copied and scanned onto your account. The agreement was then checked by a member of staff who verified the agreement by signing and dating it. Your loan is approved and the payment schedule letter was issued.

 

The Credit Agreement was then rescanned for our records. The original document was sent to secure storage where it remains.

 

When you called to request a copy of your credit agreement the advisor inadvertently printed of(sic) the uncertified agreement. I assure you there has been no fraud perpetrated on your account."

 

And that is it. IMHO they are talking rubbish. And I am going to keep going.

If they have all of these scanned docs, shouldn't they have been covered by the SAR, so I should have insigned and signed copies of all my agreements.

 

And when I sent the CCA request, shouldn't they have gone to the "secured storage" and copied these docs direct?

 

I'd like everyone's advice on how to play my next move.

[tamadus]

I agree Emma your SAR should have produced a copy of the agreement, and in this case both forms of the agreement.

 

As we have found out already they only send what they consider we need when answering an SAR.

 

I think you will probably end up having to force the issue on this, but I suspect that if it did go before a court they will only produce the fully signed version.

[emmaf01]

What I want to do is force them to produce all the scanned documents, and a copy of the loan agreements from the "secured storage". I want them all- for comparison- and if necessary for analysis, to see exactly whats going on.

 

I am so sick of this smoke and mirrors approach.

 

At least they references to the charges mean I am happy to file with mcol next week.

[noomill060]

I filed against SLC a while back. I have just heard from the Court office that they have till 20 May to respond.

 

We will soon find out what percentage of the SLC's lies are untrue!

[TideTurner]

Hi Emma,

 

Here's where it gets interesting.

 

Dear Sir / Madam,

 

Thank you for your letter of the XXXXXX.

 

I do not accept your explanation that a member of your staff inadvertently forwarded the wrong copy of our agreement following my recent requests for information.

 

As you are aware, I am entitled to copies of all information including documents which contain my personal or private information.

 

If what you state is correct, then you have failed to comply with my original Subject Access Request.

 

Additionally, I cannot see why you would choose to scan an unsigned agreement into my file, then sign it and re-scan the same agreement.

 

To support details of your claim, I would be grateful if you would now provide details of the software and equipment used to scan these documents, together with a confirmation that each scan is date stamped.

 

As you have failed to comply with my initial request, I would be grateful if you would now provide the following: -

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same, together with any contracts entered into by yourselves with respect to my mortgage account with any third party, details of any efforts made by yourselves to ensure I was aware that such contracts would commence or did exist, the reason for them being and copies of any authority, term or clause where I have provided my express authority which empowered you to enter into any such contracts..

• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• Full details and copies of any documents upon which you have relied when you have provided my personal or financial information to any individual, organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation, or third party which contains my personal or financial information, or which pertains to me or my mortgage account.

• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a decleration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number.

As the 40 days within which you must provide this information has expired, I would be grateful if you would provide this information within the next 7 days.

I have forwarded a copy of this letter to the Information Commissioners Office.

I also reserve the right to bring a copy of this letter to the attention of the Court should I not receive the information requested prior to any Court hearing.

I look forward to hearing from you.

Ys

Emma

Hope this is what you need - Tide

[emmaf01]

Thanks TT! Sorry I have been away for a while- the computer went bang, so I couldn't do anything but wait. However, I will do the letter, as suggested, and will see what they come back with.

[tiglet]

I am soooo subscribing to this as this is EXACTLY what is happening with my hubby and the SLC - funnily enough, one of them was signed.

 

Hmmm ... looks suspicious, doesn't it?

[emmaf01]

Like everything the SLC do, it looks shonky as hell!

[emmaf01]

Just a new thread to see where everyone is up to in there fights against the SLC.

 

I'm just waiting to have the available credit on my card to mcol them.

 

Is anyone else waiting to file a court claim?

 

I know of one claim already in progress, is that the only one up until now?

[CAGisforME]

I'm nearly there!

 

I sent this yesterday:

 

I note with disappointment that you have not responded to my letter dated 9th April a copy of this letter has been enclosed for ease of reference. This letter was signed for at your Company on 12th April and has been tracked on the Royal Mail Website under the Recorded Delivery tracking Number.

The 40 day deadline for full disclosure under the Data Protection Act 1998 has now passed and I have not received the information requested within this timescale. I am giving your Company notice that I am now going begin a complaint to the Information Commissioner. I am also beginning a County Court action under the Data Protection Act.

I doubt I will receive a response to this letter, however I wish to make my intentions completely clear.

 

However, I haven't started the Claim yet. They haven't contacted me AT ALL since I sent the SAR, although they have cashed the cheque! Grrrrr

 

I'm being a bit naughty really, as I've already had the charges etc refunded (or should I say put back on, so that they reduce the debt) however I now have all the info I need to get it written off due to being permanently unfit for work.

 

They have caused me no end of upset and tears over the years, so I'm just playing with them out of "badness" now *evil cackle*

 

I'm exempt from Court Fees so I am going to fill in an N1 and get them to disclose, before I decide my next move!

 

[emmaf01]

How did you get the charges recovered? Did you ask and they obliged?

[emmaf01]

Today, I finally managed to get back on track with my activities regarding the SLC.

 

I have sent them a letter, as supplied to a great extent by Tideturner (thanks , again).

 

I have forwarded their previous letter, and a copy of the above letter, to the ICO.

 

And I went to court and handed in my N1, regarding their unlawful charges.

 

I cannot wait for the next phonecall from Smith Lawson Co!

 

I think my account is definately in dispute.

[emmaf01]

I bit the bullet, and filed my N1 in court today- and I am SO pleased!

[TideTurner]

Good luck Emma,

 

Keep us posted

 

Tide

[emmaf01]

The SLC phoned me today, trying to get me to give them money for the arrears.

 

I told them that the account was in dispute. They tried to say that this didn't stop me owing them money.

 

I said I will pay you money when the court claim has been resolved. I also said that in dispute meant exactly that they couldn't chase me for money until the dispute was resolved.

 

With the mention of court, and complaints to the ICO, the lady called in her line manager, who obviously told her that I was right and , as she isn't in the legal department, she better say it must be refered to the legal department.

 

My husband nearly wet himself laughing.

 

I am worried about my mental state- I'm starting to ENJOY phonecalls from the SLC. Am I sick?

[TideTurner]

Emma,

 

Are you watching the dates after your N1? You can make a request for judgement if they don't respond after 14 days from the date of service by the Court. The Court will advise you of this date, and have been very helpful with me on the phone.

 

Tide

[noomill060]

emma- have you checked with the Court that the papers have been served on SLC?

 

If they have recieved the papers and have continued to call you, I suggest that the inform the Court in writing.

[noomill060]

The calls they make are done by automatic dialer. If your number hasnt been deleted, it will continue to call and call and call you until someone switches it off.

 

Keep a note of the times and dates of any future calls, though I suspect that you may have recieved your last.

[emmaf01]

They have promised to put everything on hold.

 

As for the court stuff, I haven't found out if they've been issued yet.

Phonecall to the court on monday- Plus with the bank holiday, and them being closed tuesday as well, I think the wheels are very slowly in motion at the mo.

[TideTurner]

Emma,

 

Bank Holidays still count in the 14 days given. You need to determine the date of issue.

 

Tide

[emmaf01]

I'll get on to it when the courts open, Tide.

 

I think its the jurisdiction bit which is holding things up, so I better check with them anyway.

[emmaf01]

I got a nice letter from the SLC yesterday, saying the reason they did not provide all the information they hold on me was because I did not ask for it all in my SAR.!

 

That is a creative defense, but I suppose they are clutching at straws.

 

Still no word on the court claim, however.

[TideTurner]

Emma,

 

This is all good ammunition which you can bring to the attention of the Court - deliberately witholding information to which you are entitled.

 

Tide

[emmaf01]

Its the stupid excuses that make my husband laugh... every time he sees a SLC envelope in the post he can't help but open it and giggle.

[cashman]

Keep going. Today I got Judgement dated 07 June against SLC for £80 0f penalties plus costs and interest cos they did not bother to file defence. They are so incompetent that on 08 June thier solicitors Harper Macleod wrote offering to settle in full!

SLC is just the same as any bank except they don't make money, probably if they tried to they would fail as they are so useless. What they need is a competitor. All claimants against SLC must study for hours all the stuff on the forum and follow the guidance exactly.