Hi all, long term reader of the forums so though Id bite the bullet and register as Ive got to a certain point with the immense help and advice here, but now Im unsure of where I stand?!

Long story short, I sent two CCA requests to two separate banks (I didnt sign them, just normal handwriting) and one replied with my CCA and the other replied saying they cant send continue with the process as I havent signed the request and to contact them.

Now, they didnt send back a CCA within 12 days, just the letter asking for confirmation that the account holder is requesting the actual CCA (a signed letter) so I sent the second letter (I think I got the tempate off here) and again, didnt sign it, just wrote in normal handwriting and asking for a guide to their complaint procedure etc...

Since then they tried to phone me and I answered, didnt say anything in particular just to put all comms in writing. Now, they then sent another letter saying they have been unable to verify its the account holder requesting it and to get in touch with them, at this point I have phoned them and confirmed I have made a request by post and to put all comms again in writing. I didnt say or let them get a word in edgeways and recorded the whole conversation.

So, quick summary:

- Sent CCA Request (6th April)

- Got reply asking to send request with signature (15th April)

- Replied with second CCA letter (30th April)

- Returned second letter with another request to get in touch to verify its the account holder asking for the CCA and sent separate account statement (11th May)

- Recorded telephone conversation with agent, confirming its me asking for a CCA. (16th May)

So, where to now? They obviously havent sent it within 12 + 2 days, they are claiming they need a account specific letter of authority (having called them though I think I have got past this point) however the first bank I sent it to didnt and they just processed it?!

Very confused at this point so any help would be greatly received....:?

Thanks

R

I would send the account in dispute letter you are right there is no requirement in the act to provide a specimen signature. They haven't complied with your request until they do there is no enforceable agreement

cds:)

send them this

Dear Sirs,

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** 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 statements and 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?

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/2008 and the 12 working days for your compliance expire on xx/xx/2008. 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.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign

Thanks cds and PGH7447 for the uber rapid replies!

I have canceled the direct debit also, was this the correct thing to do?

if its over the deadline then yes

Cool thanks, what would the next step be if they did *finally* provide a CCA?

Thanks loads for your help with this, it is very much appreciated.

you post what they send on here and let the experts advice you, then we go from there:)

Great stuff, thanks again! Hopefully be back soon with a result!

good luck:)

Ok, I've got the CCA request back from them finally. Let me know what I'm looking for other than my signature (which is present) to make this enforceable. I would scan it in but Im not at work till monday and if its legal Ill need to set up the standing order again wont I?

Cheers!

Ok, managed to take a couple of wonky photos on my camera phone, terms and conditions are on the back of this sheet. (Note its on one piece of paper, I just had to take 2 photos!).

ccaa.pdf

looks enforceable to me

The Pescribed Terms are these

A Amount of credit

A term stating the amount of credit

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

here is templates if you need to set a repayment plan:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

ida x

as Ida says looks like a good one - sorry