Student Loans Company / Thesis Servicing - illegible / unreadable Agreement

[belleofstmark]

Hi,

 

This is a question about 2 things:

 

1. when a debt has been passed around who is responsible for holding the data in relation to a subject access request?

 

2. Surely a credit agreement that is supplied by a DCA should be legible - if you cannot read it - is that counted as a breach?

 

My situation:

 

Back in October I sent a letter to the Student Loans Company (SLC) requesting them to send me copies of all data they hold including all communications, credit agreement etc.

 

They replied asking me to send my request to Thesis Servicing who have now taken over all SLC debts, from what I understand.

 

I then sent the same request to Thesis. I received some photocopies of the supposed agreements.

 

there are 4 in all for each year - this is a summary each of their condition

 

1. Most of the document is unreadable including "rate of interest per day"

APR is visible

My Signature is visible

There is NO signature where the rep of SLC is supposed to sign

 

2. Most of the document is unreadable including "rate of interest per day"

APR is visible

My Signature is visible (only just), but the date of the signature is not.

The signature of the SLC rep is visible

 

3. Most of the document is unreadable including "rate of interest per day"

APR is visible

My Signature is NOT visible (just a few dots), and the date of the

signature is not visible

The signature of the SLC rep is visible

 

4. Most of the document is unreadable including "rate of interest per day"

APR is visible

My Signature is visible

There is NO signature where the rep of SLC is supposed to sign

 

Are the above copies classed as complying with my request? After receiving these, I sent the following letter to Thesis:

 

---

Thesis Servicing

PO Box 141

Caerphilly

CF83 9BX

 

 

Dear Sir/Madam,

Section 7 – Data Protection Act 1998

Letter Before Action: XXX, XXX, XXX, XXX

 

I am in receipt of the document that you have supplied in response to my Data Protection Act information request dated XXXX08. The disclosure of personal data is incomplete in that at least the following documents are missing;

 

1)The copies of credit agreements that you have provided are illegible.

2)You have failed to provide a complete list of transactions and charges.

3)You have provided no notes, or documents relating to any legal action between you or the Student Loans Company and myself.

4)You have provided no notes, or documents relating to instances of manual intervention by yourself or the Student Loans Company

5)You have failed to provide any information of any data held by your company or the Student Loans Company that have been deleted or disposed of.

6)You have failed to provide full hard copy print outs 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 by your company or the Student Loans Company

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

---

 

I am planning to go ahead and take this to court - am I right?

 

Thanks for your any advice you can offer - i'm completely new to this!

[belleofstmark]

See the link for scans of the docs they've sent through Flickr: belleofstmark's Photostream

Edited January 26, 2009 by belleofstmark

[belleofstmark]

1. when a debt has been passed around who is responsible for holding the data in relation to a subject access request? the original lender or the DCA?

 

2. Surely a credit agreement that is supplied by a DCA should be legible - if you cannot read it - is that counted as a breach?

Edited January 27, 2009 by belleofstmark

[belleofstmark]

Can a failure to respond to a DSAR also be considered a breach of CCA1974 77(1) / 78(1)?

[freakyleaky]

I will move your thread to the Debt Collection Industries forum.

[lunar jim]

I don't think this should be in the DCA forum. Although the Government sold the debt off, the debtors may not be delinquant. It was more like the Government outsourcing the administration and collection of existing student loans IMHO.

 

And not at all a quick way fror the Government to get some money back into the coffers. Oh no

 

But I reckon this should remain in the Student Loans forum unless it is passed on to e.g. Lovetts or something

[belleofstmark]

Thanks for your help - I sent a Subject Access Request to Thesis and they have sent illegible copies of the alleged agreement. Is this considered a breach of CCA 1974 77(1) - or does the request for the original agreement have to be "labelled" as such? i.e. do you have to write in your letter a reference to the CCA?

 

Thanks

[pinny24x7]

Bump