Signature required

DEVONLIFE_2

Good evening. Have sent a letter to Capital One explaining financial situation. Have asked that they suspend interest etc etc. Said working with CCCS etc. Had letter today saying cannot agree to my request as my letter had no signature on it! How bizzare is that! Has anyone else found this? No other creditor has raised this as an issue. My guess is that they do not have my signature on file and may have a unenforcable agreement!!

Katy83

Hi devonlife,

I am no expert at all and hopefully one will be along soon to help you. From everything I have read on here I would be very careful about sending them something with your signature on it - it might be because of an unenforcable agreement. Have you asked for copies of your CCAs?

DEVONLIFE_2

Hi Katy83
No not asked for yet. Recieved letter today thought very odd. Not recjeved this response from anyone. I did read a few threads about this. Thanks for your reply:beer:

moneybuster

Standard letter so they can super-impose your sig onto the CCA don't sign there is a letter you can send them back regarding signatures someone will be along later with the link hopefully.

Regards MB

moneybuster

here you are


Dear Sirs,

Account No:

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation.

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature. If it is for Data Protection purposes then i can 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 and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you 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.

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, within the next 14 days.

Yours faithfully




Sign digitally




Regards Mb

DarkConvict

You beat me to it moneybuster

They have no need to have your signature to obtain this information. They could try to superimpose the signature, but if they are caught doing this, heaven forbid the fraud charges brought against them.

DEVONLIFE_2

Thanks guys for your replies. Its a great help..

deepintrouble

Could you sign the letter with a "different" signature? Then if it suddenly appreared on a CCA somewhere down the line you would have evidence that they had copied it from your letter.

Leixlip1

Recently received a similar letter from Cap One and sent them an amended signauture that I can easily identify if they try to use it. Haven't requested a CCA this was an annual update they normally accept without a problem.

DarkConvict

The only thing with an amended signature is then how do you prove it is amended if it goes to court?

kiwikaz

Hi Devonlife,

This happened to me just over a week ago. I received 2 letters one from Tesco visa and the other from NatWest. As yet I haven't signed them altho I did ring CCCS for advice and was told that it was fine to sign them as they're just checking that the initial letter I sent was from me.
Between me and my OH we've sent off letters to all our creditors all of which were unsigned so no doubt we'll be expecting more letters like this.

We've only just started on the road to become debt free but my head's spinning already and, I've got to admit I'm becoming more confused.

Think I'm now going to be taking MB's advice on this. ( Thanks MB )

Looks like I'll be looking into this CCA thing too.

Goodluck DL.

Karen.

Karen.