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.
Apologies if this duplicates a query elsewhere - I couldn't find one.
I've written to CapQuest, quoting one of your excellent pro-formas:
[I hereby make a formal request that you provide a copy of the signed, executed credit agreement for the disputed account, as well as a true signed copy of the Deed of Assignment. In addition, a full statement of the disputed account should have been sent to me detailing all credits and debits to the account from the time CapQuest purchased this account, along with any other documents mentioned in the credit agreement.]
I have since received a letter from them stating:
'Please be advised that the documentation has been requested from our client. In order for us to forward this information to you, we require proof of your identity (date of birth) before this can be dispatched.'
I'm wondering if I am under any obligation to provide this proof - I'm not disputing my identity.
I'm also wondering if this is merely a delaying tactic - or even if there is a suspicion that some agencies have used such information in a less than honest fashion . . .
I also wonder if they would require proof of ID if I was sending them a check!
Tell them you do not need to provide any identity. If they are not sure who you are they have been braking the law by contacting you. If they have not sent you the stuff within 12 days they are in default. Simples.
If you are concerned that you are corresponding with the incorrect person,I wonder why you have not verified the information before sending sensitive/private information to the same address.
As you are aware disclosing data without adequate checks of identity is contary to the 7th principal of the data protection listed in schedule 1 of the data protection act.
SAM
SAMLOWELL DETESTER.
SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.
PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.
OR IF I HAVE HELPED IN ANY WAY.
You have stipulated that you require proof of my identity/signature/DOB before you comply with my CCA, may I bring the following to your attention;
Data Protection Act Good Practice Notes:
2. 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 that they are who they say they are.
Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.
If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
Date of birth request
, as well as a true signed copy of the Deed of Assignment. In addition, a full statement of the disputed account should have been sent to me detailing all credits and debits to the account from the time CapQuest purchased this account, along with any other documents mentioned in the credit agreement.]
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LOWELL DETESTER.
