me & the OH's debt

[ODC]

Of course the Lowell practce of posting them out 2nd class like the junk mail they are also renders them useless other than as a scary letter. Of course if you acknowledge their receipt then you remedy the defective dervice by admitting receipt. Lowells would be required to swear an affadavit that they had at least tried personal service before resorting to FIRST CLASS POST

[PossVox]

Hi,

 

Apologies if I'm posting in the wrong place, I'm a Newbie!

 

I too received an SD from RED/Lowell last week and it arrived by standard 2nd class post. I have been to County Court today to have it set aside but now I'm worried that by doing this that I've remedied defective service by admitting receipt?

 

What's your opinion please.

 

Thanx

[lickthewallfatboy]

Marlin have been hounding me for an"alleged debt" since the end of last year.I wrote asking them to prove what I allegedly owed,as I hadn't a clue who they were....

 

They first asked for a specimen of my signature(ahem)

 

Request ignored....

 

They then issued a court threatogram,which was rebuffed by an equally,if not more effective threatogram from this end......

 

They are now nicely asking for a driver's licence,passport or something else which will officially confirm my signature and date of birth,because-wait for it-

 

 

"if they sent me a copy of the CCA and I wasn't actually the person they were in the belief was their customer they would be breaching the Data Protection Act...."

 

wipes expelled coffee and cornflakes from kitchen table after recovering composure from humour overload......

 

oh dear......:grin:

[pt2537]

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation 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 S78 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/2007 and the 12 working days for your compliance expire on xx/xx/2007. 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

 

 

 

....

[lickthewallfatboy]

thanks!

 

the thing is,all I've ever got is threatograms-no statements,nothing!!

[pt2537]

well if they are playing silly beggars and saying you must provide a specimen sig before they will supply you the CCA document then send them that letter

 

if they dont comply then thats game over.

[lickthewallfatboy]

I think it's clear they are clutching at straws....I'm just wondering if they have ever given up and admitted defeat to a "customer"?

[reallymadwoman]

You could be really devious and send them a signature that could not possibly be yours then wait to see what comes back.

[lickthewallfatboy]

you know something?Me and the better half were just discussing that very possibility about 5 mins ago

 

Imagine the brown stuff that would hit the extractor if an "agreement" came back with a wrong signature on it???

[reallymadwoman]

It is such a tempting thought . . .

[Pink Gin]

what are threatograms?

[lickthewallfatboy]

what are threatograms?

 

CAG slang for threatening missives from DCA's and the like....

 

RMW-it certainly is tempting-or would it be classed as "entrapment"?

 

because if it wasn't,it would leave them open to investigation for fraud

[Pink Gin]

ahh I see, am fairly new to site so getting used to language on here, Sorry!!!

[reallymadwoman]

Possibly it would be 'entrapment' but unless you want them done for fraud I don't think it would matter too much. They would certainly not be able to chase any alleged debt after their 'error' was pointed out to them.

I've actually been hoping that one or more DCAs would do something similar to me because I've been quite openly using my ordinary signature on everything - but my name has changed in the meantime. . .

[lickthewallfatboy]

don't worry-give it a few days/weeks and you'll surprise yourself,believe me!!

[lickthewallfatboy]

Possibly it would be 'entrapment' but unless you want them done for fraud I don't think it would matter too much. They would certainly not be able to chase any alleged debt after their 'error' was pointed out to them.

I've actually been hoping that one or more DCAs would do something similar to me because I've been quite openly using my ordinary signature on everything - but my name has changed in the meantime. . .

 

 

I wonder what some of the more legally inclined members think??

 

Is this an opportunity to be grasped,or just let them steam.......

[dpick]

Hi I always print my signature on documents since the bank refused my signature as it used to keep changing all the time due to arthritis in my hand, sometimes I even had to sign with the other hand. The bank said that there is no legal requirement for a signature to be the same all the time they just use it to check if it is similar. So you could just send a squiggle or as above just say no signature required for S77/78 CCA 1974 request.

 

dpick

[reallymadwoman]

I think if your OH 'accidentally' signed the letter for you it would be an opportunity however I'm having doubts about the legalities of deliberately using a different signature yourself.

[lickthewallfatboy]

just got letters back from the above....

 

Co-op Visa is an illegible application form from many years ago,and of course has no prescribed terms.....and they tell me thay are farming over £3k of debt out to a DCA....I have news for them-no they aren't!! LOL

 

HFC admit to being "unable to find my legal agreement" and sent me the last 6 statements instead.....

 

£4300 of debt just became unenforceable

 

Barclaycard and NatWest for my wife will take it to £7300 of unenforceable.We already have Natwest application form-no prescribed items and Barclaycard are currently in default,heading for criminal offence deadline....

 

I love this place!!:grin:

[Curlyben]

Blimey that's some haul there.

[lickthewallfatboy]

it sure is-you couldn't annoy me today!! LOL

[Curlyben]

So Fatboy, what's the scores ??

[lickthewallfatboy]

sorry CB-how do you mean?

[Curlyben]

How many "creditors" have given up so far.

For me it's DCA's - 0 CB - 18

[empowered]

How many "creditors" have given up so far.

For me it's DCA's - 0 CB - 18

 

Don't you mean the other way round:o