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Signature demands -- fight back possible ! ?


Revenant
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My wife sent off a request for a SAR on one of her debts recently.

The company in question sent back a form for her to fill in to help identify her before releasing documents.

Now she has never signed any agreement with them, the account used to be with Argos,which then changed to Argos Additions, and recently to Very.co.uk.

The original account was set up as far back as 1999 with Argos.

So the company she is being asked to sign documents for as proof, have no recorded previous signatures from her.

Surely the fact that all of the demands and monthly statements which are sent to this address from them must be enough along with a return of the form they want her to sign along with a witness signature and contact details of said witness would be enough,even if she did not sign but merely printed to acknowledge who she is would be sufficient.

 

It could be that someone else at the addres is requesting the details of the account without permission - so a signature is just arse covering basically.

 

People on this forum and in general like to make a big deal out of DPA breaches so it is no surprise that all large companies/organisations get itchy about releasing info.

 

I used to work for a Council and we used to get DPA requests from other Councils and even then the official line was to release as little info as possible in case there was a DPA breach.

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  • 2 weeks later...
It could be that someone else at the addres is requesting the details of the account without permission - unlikely. but yes they are entitled to ask for further info to establish id so long as the request is reasonable.

 

People on this forum and in general like to make a big deal out of DPA breaches and why not. tis the law. with 'their' resources they should be able to comply.

 

........and even then the official line was to release as little info as possible in case there was a DPA breach. then they are breach of the dpa if they dont send ALL data (as defined) when requested

 

:)

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re your last point - not necessarily - I wont bother going into all the detail - but they usually asked for relevant info - we decided what was relevant. Often I was happy to release everyting we had but others were not.

 

The data in question was not that of the Councils but of a third parties and was usually being released in relation to crime investigation (which is why it was being given in the first place).

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ok. re council to council (not quite an individual dsar). but, re an individuals request per council for ALL data (as defined) then all data should be disclosed, unless there is (ICO) justification (or otherwise) for non release.

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We refused to sign any document,and reminded them that in asking for personal info.. if they were not sure who the person was in the 1st place,it must be a breach of the DPA....

Letter received back from Very yesterday 10th December, they are putting together the information requested and will forward it on in due course........no further request for siganture or additional information...

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There you go then.. it pays to dig your heels in sometimes. :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 months later...

If DCA's want a signature so much for requests ,then, like someone said they can use yr signature for their own means ??? What if you forged your own signature and then they used it on fake documents etc. Can you then sue them for fraud lol

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If DCA's want a signature so much for requests ,then, like someone said they can use yr signature for their own means ??? What if you forged your own signature and then they used it on fake documents etc. Can you then sue them for fraud lol

 

I imagine the regulatory authorities would take a very dim view if this was to happen!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

there is no requirement on a cca request to sign it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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see post 1 here

 

i'd start your own thread too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There is no requirement for a signature on a CCA request - however if the company is being unreasonable in demanding one.. you can either purchase signguard from CAG or simply make a grid of "X" as below - convert it to a lighter colour font and sign over the top.

 

XXXXXXXXX

XXXXXXXX

XXXXXXXXXX

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi All

 

After sending my second letter back to CapQuest as you suggested I recieved a letter today from them saying:

 

"Please be advised that the above account is in the process of being returned to Capital One..." plus they also enclosed the £1 postal order...a victory I think. They obviously did not have any legal basis for my debt. So I want to thank this website and forum as at one point I was very low with thier phone calls and nasty letters. Sso at least I can now deal with Captial One, as I think 1) I can stop the interest to my debt and 2) get my charges back? I have been paying Capital One £50 per month for the last three months. Any more suggestions for me?

 

Once again, many thanks for your help so far as I feel happy to see off this DCA.

 

CJT52

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Make sure you report crapquest to the regulatory authorities. They will just do the same to other people if you dont.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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