CAP One CCA Request HELP Please

[Teldave]

Hi

Can anyone help me with Cap One CCA Request they have advised because I didnt sign the letter they cannot process my request

I am really worried because all the threads say dont sign it

 

Again Halifax have returned postal order and say because I never signed it or made it out to them but left it blank they cannot action

 

The calls still come every day home work mobile so they completely ignore the harassment letter

New to this so any advise appreciated

 

Thank you everyone

[rory32]

Regarding the calls you need to make an official complaint in writing to them. Maintain a record of the calls and also report the matter to the OFT, Trading Standards and OFCOM.

 

As far as your signature is concerned send them the following:

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 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

 

Regards

 

Print dont Sign

[Teldave]

Andy thank you so much for your help on this I have complained in writing and sent them the harrassment letter 4 times and filed an official complaint with OFT but they dont take any notice neither do Halifax they just continual to call call and call today they started 07.45 this morning and now up to 42 calls if I unplug my house phone they call my mobile I have to leave my phones turned on as I am on call they call repeatedly at my work during the week I have to leave my phone in voicemail I am about ready to hang myself with it all any advise on Halifax re them not accepting the postal order I know they are just being difficult ut I can play them at their own game thanks to the wonderful advise from you and others on this site once again thank you

[rory32]

The fee for your SAR is optional, they don't need to charge a fee. The 40 days run from their receipt of your original request. Whether or not they cash the postal order is irrelevant.

 

After the 40 days are up send them the Letter Before Action and then if they still don't comply take them to court.

 

Regarding the telephone calls have you lodged a complaint with OFCOM?

 

Also if you inform your telephone line supplier that you are being harassed they should change your number straight away FOC. Alternatively you can get call barring. What model of mobile do you have? You can usually download software for call barring on your mobile.

[Teldave]

God sometimes I am so blonde I am calling you Andy not Rory32 appreciate your help on this well I have returned PO to Halifax today advising them to stop messing about and comply with the request. I sent the letter off to Capital One sample you supplied lets see what happens then !!! I also put together another Harrassment letter and asked why they are continuing to flout the law as per the communication act 2003 and that their continual calls gives me further evidence to support my claim of harrassment etc etc have also sent this to Halifax lets see what happens now!!!! Changing numbers is real difficult as my home number is advertised across the globe as I am on call but I am getting to the point where I may just need to bite the bullet and do it mobile I am not so bothered I can turn that off and only need that on late at night when these muppets have gone to bed for on call purposes.

Once again thank you for you advise it helps when you know you are not alone in fighting these idiots