Dca Looking For My Passport Before Sending Out Agreement

[JonCris]

You do not have to send them a copy of your signature as ID. If ID is a problem there are many other forms they can request such as a utility bill etc: I assume they contacted you at the outset so know who you are. As has been already stated they are playing silly buggers & whilst I do not suggest for one moment this company would others have forged signatures on docs.

So don't risk it & report them. Chances are they don't have the docs & are stalling.........time will tell

[djweeble]

I'd add to Zooman's advice there, if you send any form of statement, make sure ALL the relevent account numbers are totally oblitterated before you send it, and if it's a bank statement remove all the transaction details as well.

Not all DCA's are as bad, but there have been cases where a less than scrupulous DCA has made DD's against people's bank accounts using little more than the account details.

Always be careful what you send to ANYONE.

[JonCris]

& get a bleeding shredder!!!!!!!!

[nathal]

Its a signature on a verified paperwork, ie passport, driving license they are requesting.

[tbern123]

Originally Posted by djweeble

I'd add to Zooman's advice there, if you send any form of statement, make sure ALL the relevent account numbers are totally oblitterated before you send it, and if it's a bank statement remove all the transaction details as well.

Not all DCA's are as bad, but there have been cases where a less than scrupulous DCA has made DD's against people's bank accounts using little more than the account details.

Always be careful what you send to ANYONE.

Do you know of any specific instances of this happening ?

I only ask, as there is only two ways to set up a DD and that is either send the mandate to a bank to be processes or via AUDDIS (Automated Direct Debit Instruction System.

If a DCA have set a direct debit by sending an unathorised mandate then this is fraud and the person should report this to the Police.

If it is set up via AUDDIS (I am not aware of any DCA's using AUDDIS), under the direct debit guarantee the person, can claim their money back.

Either way, it would be fraud and thus a criminal act

[JonCris]

Originally Posted by nathal

Its a signature on a verified paperwork, ie passport, driving license they are requesting.

As I have stated they don't need a signature to verify ID & to ask anyone to send such documents through the post is not only unreasonable but nonsence & again why do they need it.

[tamadus]

ohhhh lots of good advice for the right things and reasons. soooo lets first work out what is being asked for here on both sides.

Nathal made a CCA sec.77/78 request which has nothing to do with the Data Protection Act. Under the DPA they are allowed to verify your identity. Under the CCA the boot is on the other foot. Thye appear to be confusing the 2 Acts of Parliament. Lets not make the same mistake ourselves.

Firstly there is no way I would send them a copy of my passport or anything else that could be used for identity fraud. No bank or credit card statements. They are obviously happy that you are who you say you are to send letters to you. They do not need your signature to comply with the CCA request.

The terms of the CCA request are very specific and so are the penalties for non compliance. After 12 days from reciept of the request they are in default, another calender month and they commit an offence with a reasonably decent fine if prosecuted. Whilst they are in default the debt is unenforceable.

I would simply write to them quoting the section you have made the request under and pointing out the penalty for not complying with your request. Also tell them that you will be reporting them to Trading Standards.

Just my humble opinion take it or leave it

[tbern123]

I would have thought that a copy of an agreement would be covered by the Data Protection Act.

As a person can be identified by their name and address, this would be deemed as personal data as defined by the Data Protection Act...

Taking this into account a DCA must ensure the person they are providing information to is legally entitiled to it...

Then again, I could be wrong

[tamadus]

Originally Posted by tbern123

I would have thought that a copy of an agreement would be covered by the Data Protection Act.

As a person can be identified by their name and address, this would be deemed as personal data as defined by the Data Protection Act...

Taking this into account a DCA must ensure the person they are providing information to is legally entitiled to it...

Then again, I could be wrong

As I see it tbern the request for the agreement wasn't made under the Data Protection Act it was made under the CCA which mentions nothing about the consumer having to prove their identity, it places the onus on the DCA to not contact anyone until they had already satisfied themselves that they were contacting the right person.

I see this as them wanting a signature for some reason but not neccessarily the reason they state. The time limits to satisfy the sec. 77/78 request still apply.

On a seperate note I have just subbed into your cabot thread and will be in touch in next couple of days as I have a similar problem, going to bed now as your thread just kept me up half the night Speak to you when I have gone over the paperwork again.

[nathal]

All these pieces of advice ....

Whats a man supposed to de????

[edinburghbeerbucket]

Hi Nathal,

I've read through the whole thread, and people seem to be split on whether the DCA are correct in asking for your sig (or indeed any ID) when you sent your CCA.

There seems to be no doubt that if it was a Data Protection Act Subject Access Request they could reasonably request ID.

My inclination is to suggest that you err on the side of caution, and follow something similar to what Tamadus has suggested. In your letter to them, you might want to include something like:

"I am not comfortable distributing documents of such sensitive nature. As a responsible debt collector, I'm sure you are aware of the implications should this information land in the wrong hands."

That should let them know that you know what they're up to, without saying "you're a big fat DCA, so no chance are you getting my sig!".

Good luck with it, mate!

[ATI]

Originally Posted by tbern123

Do you know of any specific instances of this happening ?

I only ask, as there is only two ways to set up a DD and that is either send the mandate to a bank to be processes or via AUDDIS (Automated Direct Debit Instruction System.

If a DCA have set a direct debit by sending an unathorised mandate then this is fraud and the person should report this to the Police.

If it is set up via AUDDIS (I am not aware of any DCA's using AUDDIS), under the direct debit guarantee the person, can claim their money back.

Either way, it would be fraud and thus a criminal act

Yes i have proves that DD were set up without conscent and the bank paid them and even refused to refund them until it went to complaint department.
Also i have vivid prove that many payments were taked from CC without authorization and the excuse was oh well the debtor called and paid them by phone and the funny thing is the Cv2 is needed to authotise payment but the those cv2s were kept secrect for future use

[Number6]

Originally Posted by edinburghbeerbucket

Hi Nathal,

I've read through the whole thread, and people seem to be split on whether the DCA are correct in asking for your sig (or indeed any ID) when you sent your CCA.

There seems to be no doubt that if it was a Data Protection Act S.A.R - (Subject Access Request) they could reasonably request ID.

My inclination is to suggest that you err on the side of caution, and follow something similar to what Tamadus has suggested. In your letter to them, you might want to include something like:

"I am not comfortable distributing documents of such sensitive nature. As a responsible debt collector, I'm sure you are aware of the implications should this information land in the wrong hands."

That should let them know that you know what they're up to, without saying "you're a big fat DCA, so no chance are you getting my sig!".

Good luck with it, mate!

I would tend to agree with the above course of action.

Pete

[nathal]

Edinburghbeerbucket, thank you, and thanks to you all.

I will send them a letter todat advising them of this, and will keep you all posted when they reply, or should i say if they reply??????????

[sequenci]

hi guys,

i just spoke to my boss (who is a senior specialist money advice worker type) and he thinks there is no provision within the CCA for the dca to request this info at all. I can appreciate that they want to ensure that they have the right person, but why would they be bombarding the wrong person with millions of letters and calls

i might take a wander to our library at work and see what it says in the goode book about it all later

edit: just looked in the book and there is nothing in place.