Thread: Difficulty getting CCAs without giving M&S a signature

Hi all. Hope someone can give me some help. I've been trying to get copies of CCAs from Marks & Spencer Financial Services for a credit card and a personal reserve account.

I've sent the standard letters (bearing typed signature) requesting the two CCAs and the £1 postal orders. They replied quoting the Data Protection Act that they needed my signature before they would release the documents.

I replied with a standard letter I found on CAG telling them that this was not necessary under the Data Protection Act etc. They have sent me a form to fill in and sign and keep insisting I sign something before they will comply.

I have advised them I consider both accounts to be in dispute, but they still apply charges and now I've received a Default Notice for the Personal Reserve account.

My question is "How can I get them to send me a copy of any CCAs they hold without actually "signing" something? If I make a SAR I am assuming they will again want that to be personally signed. I did see something on here about digital signatures but I can't find that again now.

I would so welcome some help with this.

Thanks for the thread suggestions Supasnooper. I've looked at these before but am not sure this will help to resolve my situation. I've actually written to them asking for the information pursuant to the CPR, but they have replied saying that as my letter is unsigned they won't send me anything. I've also previously sent the letter (found on CAG) about not needing my signature for Data Protection purposes and asking if I could view the documents at their offices and provide evidence of my identity then.

Do I have to sign a request to them in order to get anything at all? I have been reading lots and lots of threads and my brain is churning in confusion. I have foolishly gone down the road of asking for CCAs with a number of companies and my stress levels are going through the roof.

Thanks for that Supasnooper. I've already put the account into dispute. They've ignored my initial request made using the CPR, so I need to move on from there. I will read PTs thread again. Does this mean I need to take them to court or at least start that process?

Sorry if I appear really dense but I am just so stressed out with it all. I am really struggling to make sense of anything at the moment.

Dear old M&S have sent me a default notice against my Personal Reserve account. They have quibbled endlessly about wanting my signature before they will send me anything. Strange that they were happy enough to send a Default Notice. So, no sign of any documents from them. I have written a letter of complaint to them regarding the issue of the DN and have previously requested the docs under the Civil Procedures Rules. I have reminded them of this and told them if I receive nothing within a certain date, I will ask for a Court Order.

Is there anything else I should be doing about this?

If you are having a problem - send a copy of a utility bill with their next request.

You do not have to provide a signature but by sending a copy of an up to date utility bill you are proving your identity by living at the address. Make it something like a Council Tax Bill and they will comply.

wheety

Hi Pumpkinhead,

I've just come across your thread whislt looking through the M&S section and i have had a similar problem to you as with regards M&S stalling for a signature.

I say stalling because i cca'd them in march and have numerous letters saying they need the signature.
Just today, i received my cca and i firmly believe this was a direct result of them not being able to locate it. They even state in their letter that it has taken them a long time.

I will post up all the details later on my thread when i get the scanner working. Cant do the link thing, not that good at it, but you will find it in the forum.

My most recent letter to them included this qoute:

You also state in your letters, that your organisation will not release information where there is a risk that it is not a bona fide request from your customer and you do not believe this to be unreasonable. I would therefore like to draw you attention to the Data Protection Good Practice Note: Checklist for handling requests for personal information (subject access requests) issued by the Information Commissioner’s Office. Section 2 states Do you have enough information to be sure of the requester’s identity? Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume they are who they say they are.

Now on the offchance that the above quote done the trick, it may be worth giving it a go.

Sorry for the long post.

Elg.