Cca Requests Updates Please

themagics

thanx again simon have already stumbled upon that one and have shown it my hubby we will be responding to them quite strongly

swt61

themagics wrote: »

thanx again simon have already stumbled upon that one and have shown it my hubby we will be responding to them quite strongly

Take a look at this with regards to a signature:-

Neither the Data Protection Act or CCA specify the format of a request.

However, FYI, the leading case in English law on signature methods, is Goodman -v- J Eban Limited. That decision established that:

• 2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

• 2.2 a signature can be by a mark rather than a name as long as evidence can be given to identify the placer of the mark and the intention to sign; and

• 2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven.

therefore, you signed both the first and second documents.

I would submit a complaint to the information commisioner. If they accept your identity for the purpose of demanding payments, then they should accept it for the purposes of the CCA 1974.

:beer:

themagics

he won't be signing anything we have alreaady read on here about company's scanning signatures to produce fake cca's so he typed his name and thats all they will get like you say they know who he is, who is this information commissoner we shud complain to

money_back_3

I asked a dca for my CCA, its gone past the 12+2 stage, so i wrote that letter they have replied saying they are still waiting for it from the OC, they go on to say " although we are unable to supply a copy at this time we will continue to tell the credit reference agencies of the acount status"
Can they do this? i thought they could'nt

blind-as-a-bat_2

themagics

Dear Sirs,

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

Regards

Print dont Sign

credit to pt2537 on CAG

dino246

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dino246

Just joined this board and need some help !

1) can someone direct me tothe appropiate letters that I need to send off, There seem to be a number on th BB and I am confused which ones to use.

2) I have a lot of unsecured debt can I apply these letters to overdrafts and flexi loans ?

3) As I have been paying my debts with token payment for the last seven years with signed copies of letters sent buy myself does this make any difference to the legalitys ?

4) I have one debt agentcy who has just written to me to cancel my standing order payments to them. They have just informed me that my debt was issued back to hbos in march this year, although i did not know and have been sending the Dc payments every month, which they tell me they have been forwarding onto HBOS.
Who should i send the CCA letter two, does it matter ?

5) Does my debt get written off if they cannot prove a copy of my signature on the contract, or can they try and reclaim it at a later date.

6) i have default notices, no ccj & £70k unsecured debt, will my credit file be cleard if i am succesfull

Any help is much appreciated

gazindebt

hi
am on a dmp with cccs and one of my creditors is Lloyds who are refusing to stop adding interest , i have had this card since 1984 and was wondering what where the chances of them still having the cca after all these years ? any ideas

blind-as-a-bat_2

gazindebt wrote: »

hi
am on a dmp with cccs and one of my creditors is Lloyds who are refusing to stop adding interest , i have had this card since 1984 and was wondering what where the chances of them still having the cca after all these years ? any ideas

well there is always the exeption to the rule, but based on what i have seen, slim to non, non being the most likely, so its worth a shot.

If they have not got it they will claim they only have to keep them for six years, which is correct, from the when the account is last used if i remember correctly:p

gazindebt

have only just stopped using card this year so does 6 year rule apply still