Capital 1 versus OH printed signature, help

pure_dead_dopey

We have just started our DMP and most creditors have been fine including Cap1 with my account. When we sent off our CCCS letters offering tokens and telling creditors that we have started a DMP we did not sign them but printed our names. Cap 1 accepted mine no problem, stopped interest and couldn't have been nicer. My OH received a letter saying that he had to phone them because they could not match his signature. We have now had nearly 2 days of them phoning us and us phoning them. They don't care the CCCS have written and they admit to receiving both letters but they just can't get over the fact that his signature does not match the 8 year old one they have on file. They won't discuss the DMP unless he sends his passport or driving licence(in their dreams) and they just will not listen. They keep on that they think it is fraud if the signatures don't match. My patience is ended, the OH is fit to kill and we are getting nowhere, So much for being reasonable. Any ideas guys or is this just a stupid tactic to get another couple of months interest slapped on the account?:eek::eek::eek: sorry rant over and any sanity saving comment gratefully received

niccatw

Hi PureDeadDopey

Not sure what it'll mean for the interst, but I think I'd write to them again, same offer, explaining they've accepted your DMP offer, and asking for all communication to be in writing (or through CCCS if you'd prefer) and not to call you at home. I'm not sure I'd even mention the signature, just sign it. They might not notice this time And maybe, if you keep writing, they'd have to accept your OH's signature has changed in 8 years!

Did CCCS have to see ID etc before you set up your DMP? If so, perhaps point this out to them. There'd be no need for you to send ID to them if your DMP is through CCCS and they've checked the ID's and signatures.

Good luck

pure_dead_dopey

Hi Nic

We know but they just keep on moaning about fraud, if it was fraud we would hardly be in a debt repayment plan, it is ridiculous. CCCS didn't see any id other than proof of income which doesn't have addresses on. I can feel my blood pressure rising just thinking about it!!!

pure_dead_dopey

bumping, anybody please?

DarkConvict

They don't need your signature of anything than signing up to new agreements. DMP is an informal arrange so they have no need for it, also. Peoples signatures change over time, i can ensure you as a 22 year old by signature has changed vastly over the last 8 years... many many times. Even the cards in my wallet all look different.

http://forums.moneysavingexpert.com/showthread.html?p=26867907#post26867907 - modified

Dear Sirs,

Account No: XXXXXXXX

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 you do not require that i supply you a copy of my signature to setup the DMP. If it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you. However, (might wish to leave this out due to your original post) I 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. As such, I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully



Sign digitally

As to the phone calls, tag this in

FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contactual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully,

Worth reading - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:

b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address

c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers

d. contacting debtors directly and bypassing their appointed representatives
e. operating a policy, without reason, of refusing to negotiate with
debt management companies

j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures

savingmummy

No advise i`m afraid hope you get it sorted out!

My signature is different everytime i do it lol!x

niccatw

No wonder it's sending oyur blood pressure sky-high. Does seem a bit ridiculous! Luckily Dark Convict's advice seems extremely sensible and useful (as always!). I'd get that sent off asap. Good luck, hope it's sorted quickly!