Debitas/Capital One - Want my signature?

newyorklover

Hi,
Been a lurker on here for a long time now and gathered lots of information - but this is my first post. I have searched the forums for this information but can't find it - so apologies if this is a duplicate!

Recently wrote to all my creditors with a SOE asking to make reduced payments. Have received acceptance letters from some, no letters yet from others...but strangely from Capital One I have a received a letter that states the following:

"Thank you for your recent letter.

Unfortunately, I'm unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signature on.

....blah blah (some contact information)...

Yours Sincerely..."

I thought we shouldn't sign letters of correspondance (am sure I read this somewhere) so I never signed any of my letters I just had my name typed at the bottom.

Not sure what to do (prob being a bit paranoid)...any advice or similar experiences greatly appreciated.

Thanks

RAS

tell them where to go

Response to a request for a specimen signature before a creditor/DCA will comply with a CCA request.

Quote:
Dear Sir/Madam,

RE: Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. 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 S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

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?

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.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008.

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.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign

newyorklover

Thanks for your reply. Only problem is that I wasn't requesting a copy of my credit agreement, was just requesting they accept reduced payments. Do you think that will make a difference?
Thanks again

RAS

hi

have you not requested the CCA from crapquest?

newyorklover

Aaaghhh. this is where I show my ignorance..... I'm not sure what you mean (sorry). Was just struggling to meet payments and missing payments so I completed an SOE, worked out what was left over for creditors, calculated reduced payments on a pro-rata basis and sent the requests to each creditor. It has worked for some of them who have accepted (fairly substantially) reduced payments and sent pay-in books already.
Thanks

fermi

newyorklover wrote: »

Thanks for your reply. Only problem is that I wasn't requesting a copy of my credit agreement, was just requesting they accept reduced payments. Do you think that will make a difference?
Thanks again

Adjust the letter accordingly. If they want to send demand for payment to someone, then they must be sure that they have the right person. If they don't then they are breaking the law and OFT guidelines.

RAS

Brief guide.
http://forums.moneysavingexpert.com/....html?t=578486



The big advantage with crapquest is that if you took out the debt before April 2007, they have to provide a true copy of the executed CCA. if you took the account out before 2006, the chances of them having it are poor.

newyorklover

Thank you for your replies - been very helpful. RAS, that link that you sent doesn't seem to work I'm afraid.

It's actually 2 Capital One Visa cards (mine and my fiance's). Mine was taken out before 2006 but my fiances wasn't.

Thanks again

RAS

Whenwas fiance's taken out

RAS

Template: http://forums.moneysavingexpert.com/...5#post11636295

Not sure - have to ask george to reinstate the other, he only posted this pm!

newyorklover

About a year ago