Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Two haven't responded, one has with an agreement lacking several terms required, and the other is stalling asking for signatures and proof of my identity.
For the two that haven't responded yet and the one that has sent patchy info, I personally would crank it up a little and SAR them. It costs you £10 a go but they have 40 days to respond and if they don't, you have the pleasure of completing an N1 at your local court which forces them to supply the info to you.
There are great templates on here and I also have some that have worked well for me so let me know what you need.
Who is the the final one that is stalling? My instinct again is to SAR them and remind them that for however long that they have communicated with you, they have never had an issue with your identity and signatures and I'm sure had no problem at all in sending replacement cards to you at your address without you having to jump through hoops!
There is clause that I have seen in a document on here but I can't find it now!!! Is anyone else aware of the wording that can be used to overcome this stalling tactic??
Two haven't responded, one has with an agreement lacking several terms required, and the other is stalling asking for signatures and proof of my identity.
dont sign anything when you write to them, they could well be looking to take your signature and copy & paste it onto an application/agreement. It has been known to happen.
Sign with a computer handwriting font or sign your name very very differently to usual - say for example with big bubble dots on top off "i" and "j" etc... If they have your documents already, they'll claim that the signatures are different - if they dont you could find that exact same "signature" on your "agreement" - eitherway their screwed.
I sent this when they asked for my sig, then again they sent this back including the postal order for a second time asking again.
One of the other caggers over in the Egg section has had it back 3 times.
I have sent the non complience letter. Not sure what to do next, playing letter tennis is frustrating to say the least. Can the account still be disputed if they refuse to send the CCA?
Dear Sir/Madam
Re: Account Number : xxxx xxxx xxxx xxxx
Thank you for your letter dated xx/xx/2009 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 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 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 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 77/78 was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. 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.
For your records I enclose the same request including the same Postal Order with a copy of the letter you returned to me at this address.
I look forward to receiving the documentation requested.
I've sent account in dispute letters to all of them, they should all have received them today. The one that has sent an "agreement", I have told them I don't believe it complies with the Consumer Credit (Agreements) Regulations. Its Egg that are stalling and I've read them the riot act.
Depending on what response I get, I'll be sending SARs to all of them. Money's just too tight to do them all at the same time.
Let me get this right, If I sent and they recieved my request for my CCA and they just send it back....
The have not complied and therefore account in dispute until they do..
S77/78 Creditor in default
, or the courts?
Reply With Quote
Originally Posted by craigers
