Marlin Financial Services

scattykat

freddy08 wrote: »

They are clearly and deliberately mixing up your request for the CCA and Subject access to their own advantage. This has been going on for a while now and I think that it is unlikely they have a CCA or why would they have not sent it?
I would say the time has come to report them for not complying with your CCA request but continuing to chase your partner for the debt. If they had a CCA signed by your partner or his ex then surely they, or the original creditor, would have applied for a CCJ many years ago.

thank you for replying, do you know how to report them

freddy08

I'm not sure to be honest, hopefully someone with more knowledge than me will come along and help you with that. I'm sure that there is a regulator that the DCAs have to adhere to but I can't remember their name. Sorry.

GeorgeUK

For a SAR, you are required to prove who you are. The birth certificate is adequate for that. (Possibly a copy of a utility bill too for your address).

For a CCA, a dignature is not required. If they are not sure your are the person the debt and CCA relate to, then they shouldn't be chasing you for payment in the first place.

I've put together part of a letter - you may want to play about with it a little, but it's difficult to do this at work rigt now.

I am not required to provide you a copy of my signature for either the credit agreement or subject access requests. What i am required to do is to make clear my identity.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my request. My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/xxxx and the 12 working days for your compliance expire on xx/xx/xxxx.

For Data Protection purposes, the documentation i have already supplied is adequate to substantiate my identity to you. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

My subject access request was made on xx/xx/xxxx and the 40 days for your compliance expire on xx/xx/xxxx. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

If you fail to comply with my requests, I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, the Financial Crimes Branch at Her Majesty’s Treasury, Trading Standards, the FOS and my local MP.

scattykat

GeorgeUK wrote: »

For a SAR, you are required to prove who you are. The birth certificate is adequate for that. (Possibly a copy of a utility bill too for your address).

For a CCA, a dignature is not required. If they are not sure your are the person the debt and CCA relate to, then they shouldn't be chasing you for payment in the first place.

I've put together part of a letter - you may want to play about with it a little, but it's difficult to do this at work rigt now.

thats perfect, going to send this and if i get nothing im going to ask for the 2 postal orders to be returned and they can take me to court because they are seriously messing about and clutching at straws

thanks

scattykat

Must of received that letter as they've rung my partner at 9.50am

scattykat

Just to let you know, the debt is statute barred by about a week, after a couple of limitation act letters sent to Marlin they have agreed it is statute barred and have closed the account therefore there leaving me alone. I dn't know if there going to chase partners ex for it or not but they agreed its not his debt to pay. Thanks for all the help.