Hi Guys

Regarding another account I sent a CCA to at the sametime was RBS, to which I have never heard anything off until I requested the CCA

This was a bank account I had with £100 overdraft, I closed the Account in 2007 to due them constantly cancelling direct debits and screwing other things up on my account and making my life a pain so closed it with a zero balance that includes the overdraft, strangely they a reference two accounts in my Credit File....

£1692 - 162035 10082379 - Supposedly defaulted on 31/03/2007

£279 - 162035 10075232 - Supposedly defaulted on 30/04/2007

No I have never had any contact from them regarding monies owed or regarding notification of the default, so Would my next move be to request the details and evidence of the debt and the Defaults ??

I have attach RBS response to my CCA below,

Hi Adenjago,

You need to remove the RBS responses that you have uploaded, even though they are small they still contain your personal information. Before uploading you need to blank out any thing that will identify you.

Are you able to upload in a pdf format instead of a jpg?

oops quite right...forgot about my info was on there

Hi Adenjago,

 

You need to remove the RBS responses that you have uploaded, even though they are small they still contain your personal information. Before uploading you need to blank out any thing that will identify you.

 

Are you able to upload in a pdf format instead of a jpg?

sorry updated now with PDF and personell data removed ...

Hi Guys

 

I have no response back from Robinson Way regarding the CCA request, but they have cashed the Cheque on 19th May, So I assume my next step should be sending the standard Account in Dispute Letter

 

But because they have cashed the cheque aren't suppose to send me my account details or at least some response ??

 

 

Regarding another account I sent a CCA to at the sametime was RBS, to which I have never heard anything off until I requested the CCA

 

This was a bank account I had with £100 overdraft, I closed the Account in 2007 to due them constantly cancelling direct debits and screwing other things up on my account and making my life a pain so closed it with a zero balance that includes the overdraft, strangely they a reference two accounts in my Credit File....

 

£1692 - 162035 10082379 - Supposedly defaulted on 31/03/2007

£279 - 162035 10075232 - Supposedly defaulted on 30/04/2007

 

 

No I have never had any contact from them regarding monies owed or regarding notification of the default, so Would my next move be to request the details and evidence of the debt and the Defaults ??

 

 

I have attach RBS response to my CCA below,,

 

[ATTACH=CONFIG]27953[/ATTACH]

[ATTACH=CONFIG]27954[/ATTACH]

can any of you guys Advise if this is the best course of action ???

or should I start a Seperate thread for RBS related stuff ???

Forgive me for not going back through all the post, have don a Subject Access Request under the data Protection ACT?

NO I sent a CCA, I wasn't aware that bank accounts\overdrafts and the like aren't covered by CCA

OK there is a template in the library for the SAR, it costs £10.00 and should be sent to the original creditor,

it requires them to produce ALL data they hold on what ever system it is held including transcripts or recordings

of phone calls, the creditor has 40 days to reply.

If you need help just post and there will be somebody around to help.

Sent that letter of today to Harwich Farrely......

RBS

just received the following from RBS after they requested my Signature (this is after I sent a letter saying the do not require my signature)

Any thoughts on my next Move ????

It's their rules and I suppose they are covering their

backs, the different departments bit seem rather

pointless as the bank has been sending you personal

data anyway,so I guess you''l have to do it.

from all the post i read on here ....most people seem to advise against this ????

Should be concerned they might lift my Signature

adenjago

re cca requests also note the Kotecha/Phoenix CA case.

re sar - if you're worried about them lifting your sig, then could send the request and sign it in a shaded box and/or with a very slight 'alteration'. if they do 'lift' it (unlikely) then you'll know?

imo

It's usually on CCA requests to DCA's that we avoid signatures, the

bank has no reason to do that.

There is no legal requirement for you to produce a signature & in fact even the ICO state that fact;

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. http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

also this report is relevant;

Select committee on Trade and Industry minutes of evidence (1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

the easiest solution is to tell them you will collect the documents at a local branch where you will be happy to produce your I.D.

Hi guys

thanks for the replies.......that was my feeling from reading some of threads on here regarding Signature requests

The Letter I sent previously in response to there sig request is below....Which I think covers what has most points

and I added the line below.....

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you. I would also be more than willing identify myself formally and in person at your my local Branch as the person making the request with my Passport and Driving License and Birth Certificate, but again I would not be inclined to leave my Signature, but this does not negate your responsibility in in regards to my SAR and the Timescales regarding the request.

SAR Signature request Response

Subject Access Request (SAR)

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sirs/Madam

Thank you for your letter dated 08/07/2011 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. I would also be more than willing identify myself formally and in person at your my local Branch as the person making the request with my Passport and Driving License and Birth Certificate, but again I would not be inclined to leave my Signature, but this does not negate your responsibility in in regards to my SAR and the Timescales regarding the request.

 

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.

 

May I also I draw your Attention to the following guidelines on data protection from the “Checklist for handling requests for personal information (subject access requests)” which is available online and to the Public from Information Commissioners Office website :

 

In section 2 they quote "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"

 

My SAR was made under section 77/78** was made on 30/06/2008 and the 40 working days for your compliance expire on 09/08/2011. 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. This information is also available

 

I look forward to receiving the documentation as per my original request.

 

 

I await your prompt response.

I think i might need a bit of help composing the next response

I don't think you will need a next response when they get that.

Thats the issue BRIGADIER2JCS ....they already have that....

The RBS Letter I have posted on here is there response to this.....

Sorry Aden missed that, I'll read it all again, trying

to do to much at once!!!

Thats the issue BRIGADIER2JCS ....they already have that....

 

The RBS Letter I have posted on here is there response to this.....

they are correct in saying that a sar does not come under s77/78 as you suggested in the letter you sent.

could do as cerbs suggests and request delivery at a local branch, or just sign in a shaded box.

imo

the Letter I sent was a Template Letter from somewhere......

There is Local RBS Branch.......which im intending on going in this weekend ....I assume my Driving Photo Card and Passport Should Suffice

would I then need to send a Letter after saying Identified myself to A. Another at the Hanley Branch or Should I get them to forward a Letter confirming Identification ???

i think you'd have to first write and say that you request delivery at a named local branch upon which you will supply appropriate id when collecting. they would then have the 40 days to send all data to that branch?

imo

Okay that makes more Sense...........

I don't suppose there is Template letter knocking around for something like that ??

Just write a short missive telling them that the clock is still ticking from your original SAR and to expedite matters you will collect the documents from xyy branch where you will provide identification.

Just write a short missive telling them that the clock is still ticking from your original SAR and to expedite matters you will collect the documents from xyy branch where you will provide identification.

Once again thanks guys..........

Anything else I should add to my below Letter ?????

Looks good Aden.

Brig.