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Capital One Urgent !!!!!!!

H I I Recently Sent Asking For My Cca

I Got A Reply Stating Under Data Protetion Act They Cant Give Me It Until They Recieve A Signed Letter
The 12+2 Days Runs Out On Monday 11th Feb
Sealed pot challenger # 10
1v100 £15/300
«1

Comments

  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Was the letter you intially sent, signed??
    Tank fly boss walk jam nitty gritty...
  • emmy05
    emmy05 Posts: 2,085 Forumite
    ring them and say youre sending the signed form today, x
  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    Been Advised Not To Sign
    Sealed pot challenger # 10
    1v100 £15/300
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The more knowledgeable posters on the CAG site normally suggest that you send this:

    Dear Sir/Madam,

    RE Account NO XXXXXXXX

    Thank you for your letter dated xx/xx/2007 the contents of which are noted

    In your letter you make reference to requiring my signed authorisation 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 S78 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 the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.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 matter.

    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 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. 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.

    I would appreciate your due diligence in this matter.

    I await your rapid response.

    Yours Faithfully,
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    Thanks for that Fermi, we are in a DMP with them and getting similar requests for a signature.
    No longer using this account for new posts from 2013
  • Don't sign they are getting desperate.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • And no doubt if u did sign a letter, a credit agreement would turn up, signed! Nothing like a good old bit of forgery!
    'We are all in the gutter, but some of us are looking at the stars' - Oscar Wilde
  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    does the data protection act say you have to sign a letter????
    rog2 can you help me

    i am not signing anything else new
    i cant remember if signed anything of these people anyway
    Sealed pot challenger # 10
    1v100 £15/300
  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    bumpty bump
    Sealed pot challenger # 10
    1v100 £15/300
  • RAS
    RAS Posts: 36,201 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mcjordi

    I assume that Cap1 have written to you previously indicating that you owed them some money?

    So I would send the letter provided by fermi - he knows his stuiff and he and rog2 are old mates of the BK forum.

    And how about getting a friend to sign the letter? I think it was debt doctor who reported that one of their clients received a CCA from a DCA. Unfortunately for the DCA, the signature on the CCA was that of the person who wrote the letter, not that of the person who owed the debt.
    If you've have not made a mistake, you've made nothing
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