Marlin Financial Services

scattykat

well guys we have a letter back

Our Client: MCE Portfolio Limited

We write with reference to the above matter and your recent letter dated 1st December 2008

Due to data protection act we are unable to send a copy of ypur credit agreement until we have established if you are indeed our customer, therefore we would respectfully ask for a copy of your Driving Licence before we may comply with your requests

We await your earliest response

no way are we sending them this, has signiture on. Where do we go from here

GeorgeUK

If you sent the letter for the subject access request, they would require a copy of your signature to verify that they are giving the information to the correct person. If however they are requesting a copy of the signature when you have requested a copy of the CCA, then they are already in breach of OFT debt collection guidelines by requesting payment for a debt which you partner may not be liable for. If this is the case, then this letter should be sent.

http://forums.moneysavingexpert.com/showthread.html?p=11636349#post11636349

scattykat

GeorgeUK wrote: »

If you sent the letter for the subject access request, they would require a copy of your signature to verify that they are giving the information to the correct person. If however they are requesting a copy of the signature when you have requested a copy of the CCA, then they are already in breach of OFT debt collection guidelines by requesting payment for a debt which you partner may not be liable for. If this is the case, then this letter should be sent.

http://forums.moneysavingexpert.com/showthread.html?p=11636349#post11636349

Ok, the first letter i sent was the subject access request, but i then send another letter recorded asking just for the cca, so do i just ignore this letter and wait if they send the cca out x

GeorgeUK

For the SAR, a photocopy of the drivers licence may be aceptable, but like you said, it would be better if you didn't give them a copy of the signature - even one a small as that.

I would just wait until they deal with the CCA request - do you know when it was signed for? They have 12(+2) working days from receipt of request to provide a copy.

scattykat

GeorgeUK wrote: »

For the SAR, a photocopy of the drivers licence may be aceptable, but like you said, it would be better if you didn't give them a copy of the signature - even one a small as that.

I would just wait until they deal with the CCA request - do you know when it was signed for? They have 12(+2) working days from receipt of request to provide a copy.

Guess we could send a copy ofhis birth certificate,

they received it on the 6th December, so have until the 23rd xx May just send birth certificate copy for the sar x

GeorgeUK

You would be able to see all the information they hold on him if you sent the certificate, so that is probably the best option. If he is somehow connected to the account you should also get copies of payment details and will hopefully be able to see when the last payment was made (and confirm through ex's mum if this is genuine).

scattykat

GeorgeUK wrote: »

You would be able to see all the information they hold on him if you sent the certificate, so that is probably the best option. If he is somehow connected to the account you should also get copies of payment details and will hopefully be able to see when the last payment was made (and confirm through ex's mum if this is genuine).

Thank you for all the help, my partner doesnt remember much from when she got the car other than he thinks she paid the first couple of payments then stopped, also they said they have his provisional driving licence copy, so i dnt know if it was joint and he just cant remember or if he was a guarantour and didnt know about it, will have to pop to mother in laws as she has birth certificate safe for him xx thank you again x

GeorgeUK

Even if there is a CCA and he has signed it, it will need to have all the prescribed terms for it to be enforcable. Let us know how you get on.

scattykat

GeorgeUK wrote: »

Even if there is a CCA and he has signed it, it will need to have all the prescribed terms for it to be enforcable. Let us know how you get on.

Thank you i will xx

scattykat

Hi all, well no cca has arrived, a woman from Marlin rung up saying a copy of the birth certificate is not good enough for the subject access request, they want something with a singiture on it so they can match it with the one they say they have on the cca. Partner told her he is no way sending a copy of his driving licence as he believes they will use it fraudulently, she went on about how they are a reputable company blah blah lol, he asked about no cca arriving and she skirted around it, he also said they are breaking the data protection in sending me info if they dnt know its even me, she started mouthing no its not breaking the data protection blah blah, i told her any correspondance i want in writing and until he receives a copy of the cca he will not be responding. She said shes writing on the file that hes un co-operative lol

Can they apply to send bailifs round etc and where do we go from here, thanks