Urgent Help - First Direct

fairmorn308

Good Morning

I am looking at getting a copy of the credit agreement etc from First Direct and i sent them a letter etc with £1 to cover costs as your meant to do. They never replied so wrote to them again giving them 7 days to reply or i will report them

They replied saying they can answer my letter cause i haven't signed them.

Do i have to sign them? Reason i never signed them was in case they tried to copy my signature and make up a credit agreement signed.

What is my next step regarding this? Looking at getting a letter out to them today.

Rich

StuC75

But how do they know it is you making the request for information... Anyone could write for any information...

fairmorn308

StuC75 wrote: »

But how do they know it is you making the request for information... Anyone could write for any information...

Do i not have a valid point about signing the letters?

rizla_king

Dear Sir/Madam,

Thank you for your letter dated ******* the contents of which are noted.

In your letter you make reference to requiring a 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 signature before you comply with my S77/78** request.

Please note that to date you have happily sent <statements and> correspondence containing ****** 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 ****** and the 12 working days for your compliance expire on *****.

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

fairmorn308

rizla_king wrote: »

Dear Sir/Madam,

Thank you for your letter dated ******* the contents of which are noted.

In your letter you make reference to requiring a 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 signature before you comply with my S77/78** request.

Please note that to date you have happily sent <statements and> correspondence containing ****** 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 ****** and the 12 working days for your compliance expire on *****.

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

Thank you. Will update once i get a response

iolanthe07

to the 7th principal of data protection,

It would look more professional if you spelled 'principle' correctly. 'Principal' is incorrect in this context.

fairmorn308

Hi

I wrote the reply above to first direct and gave them 7 days to reply as there were over the original time scale. I still have no reply from them.

Reason i asked for credit agreement was to argue the case of a default on my file which i got no letters about. If they did would like a copy of it.

Just looking for next step to take.

Rich

Tixy

What sort of account was this? (bank account/loan/credit card etc).

fairmorn308

Hi

Was a current account

Rich

Tixy

A current account isn't covered by the consumer credit act, so sending them a CCA request isn't valid for this type of account. There is not consumer credit agreement for them to send to you.

Also for a current account they don't strictly need to send you a notice of intention to file a default notice. But in practice most banks will send a letter out warning you that failure to repay the overdraft/debt will result in it being marked on your credit file.

fairmorn308

Tixy wrote: »

A current account isn't covered by the consumer credit act, so sending them a CCA request isn't valid for this type of account. There is not consumer credit agreement for them to send to you.

Also for a current account they don't strictly need to send you a notice of intention to file a default notice. But in practice most banks will send a letter out warning you that failure to repay the overdraft/debt will result in it being marked on your credit file.

I had to sign a credit agreement as there was a overdraft on the account.

Is there anything i can do?