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greatburdon

Do not sign letters?

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The advice has always been to refuse signing any letters to OC's or DCA's. Having been quoted this paragraph by a bank who is right?

 

"Please note that according to the Data Protection Act (section 7(3)d 1998, a Data Controller is not obliged to comply with a request unless they are supplied with such information as they may reasonably require in order to satisfy themselves as to the identity of the person making the request. We require any requests to provide personal information to be made in writing and signed so that we can verify the identity of the person making the request."

 

Have they adapted a section of the Data Protection Act to suit themselves or do they have a point?

 

greatburdon

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The argument goes that they have already satisfied themselves about your identity by writing to you and disclosing info to you at your address.

 

There are lots of ways of getting around this by altering your signature slightly so you know if they have copied it. I have seen recently on here a background you can download on which you write your signature and it can't be copied.

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Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/xxxx 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 the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.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 matter.

 

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 78 was made on xx/xx/xxxx and the 12 working days for your compliance expire on xx/xx/xxxx. 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.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

;)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thank you for that letter Clemma, it makes the position much clearer.

 

My thoughts were that if you go in front of a District Judge and the other side made the argument that the reason for non-compliance was because of The Data Protection Act i.e. they could not because letters were unsigned or initialed,then the likelyhood would be agreement from the DJ that a sig. would be required.

 

Therefore it may be that at some point to keep things moving and get the required info a signature has to be given even if it is slightly altered or signed in an 'anti-tamper' box.

 

greatburdon

Edited by greatburdon

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just sign and put a line through it

 

or do a digital signature

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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just sign and put a line through it

 

or do a digital signature

 

Lloyds TSB are refusing to deal with me because i have used digital signature, I'm dealing with my aunt's loan account.


Just remember to keep smiling and ask if you need help. :-)

 

I can't read and I can't write, but that don't really matter, cos I come from Lincolnshire, and I can drive a tractor.

CCA sent to robinson way Halifax cc. 22/02/07~Sold on to Aktiv Kapital~How can you take them seriously when they can't spell properly

Data Protection Act sent to HBOS Current Account 22/02/07~All quiet

Over 2 yaers I've been a member~Doesn`t time fly when your having fun~or beating DCA's at their own game

 

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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206908-digital-signatures.html#post2257146

 

2nd post down

 

The link is not working

Edited by daarab

Just remember to keep smiling and ask if you need help. :-)

 

I can't read and I can't write, but that don't really matter, cos I come from Lincolnshire, and I can drive a tractor.

CCA sent to robinson way Halifax cc. 22/02/07~Sold on to Aktiv Kapital~How can you take them seriously when they can't spell properly

Data Protection Act sent to HBOS Current Account 22/02/07~All quiet

Over 2 yaers I've been a member~Doesn`t time fly when your having fun~or beating DCA's at their own game

 

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well sign it like i said and put a line through it

 

i can confirm a certain finance co did copy my signature

got a graphologist report in court to confirm

 

photo shop is just to easy

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Agreed postggj I would do thinks differently regarding my signature if I was starting now.

 

Due to the delays that not signing causes I would use a slightly amended signature in an anti-tamper box (or put a line through) just to cut out the 'we dont know who you are' argument.

 

greatburdon

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if you sign and put a line through it its still very easy to delete just the line in photoshop.

 

I'd be inclined to use a digital signature - or a proper anti tamper box

 

Hugh

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PRINT signature at all times DO NOT SIGN.

If they refuse to deal with you, tough on them.

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This is a design currently being discussed with the Site team, who I am hoping will be making a CAG one. I for one will be happy to make a contribution to CAG's coffers to keep the site running!:D

ANTITAMPERSIGN.jpg


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Agree with mr ton on this - they have no right to ask for your signature for a CCA request. The clock is ticking. Just send the letter I posted above and don't sign it.

 

The only time they could request proof is for a SAR -and that's the only time I would suggest you send them anything!


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Bazooka it been done and awaiting approval,


NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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Bazooka it been done and awaiting approval,

 

Whoo hoo! I approve!:D:D:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I had the same thing. I did a SAR on GE Money and used a digital signature. They refused to comply with the SAR unless I provide an original signature. (I needed to do a SAR in the first place as there was doubt that they actually had a signature on an agreement, so I didn't want to provide a signature of course that could be copied and pasted)

I complained to the ICO and guess what-- ICO agreed with GE Money. Apparently they could ask me for any identification THEY liked and I had to comply if I wanted the documents from them.

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I complained to the ICO and guess what-- ICO agreed with GE Money. Apparently they could ask me for any identification THEY liked and I had to comply if I wanted the documents from them.

 

That does not surprise me at all!

The ICO are about as much use as the OFT, I hope you didn't oblige the GE money with a signature?

Have you made a formal complaint to the ICO for giving you incorrect information?

Clowns!:mad:Complaints - Privacy & electronic communication - ICO


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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No, I didn't send them an original signature and wrote to the ICO again, complaining. They just wrote back and said their decision was final and they wouldn't open the case again. GE Money was allowed to ask for ANY reasonable form of ID they wanted and I had to comply if I wanted to access the relevant documents. So GE Money insisted I send them a proper signature which I couldn't do as I knew what they most likely would do with it.

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I sent a Subject Access Request to Abbey recently and i never signed the request but they gave me all the information without question. I think some companies are just awkward.


:cool::cool: Blondmusic :cool::cool:

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No, I didn't send them an original signature and wrote to the ICO again, complaining. They just wrote back and said their decision was final and they wouldn't open the case again. GE Money was allowed to ask for ANY reasonable form of ID they wanted and I had to comply if I wanted to access the relevant documents. So GE Money insisted I send them a proper signature which I couldn't do as I knew what they most likely would do with it.

 

Don't let that put you off, they are answerable to the public, just because they are happy with their explanation on their side doesn't mean that you are:mad:

 

Ring them again and ask them for their Alternative Dispute Resolution (ADR) and make a complaint to these aswell:How to Complain

  • Haha 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for that link for the Digital Signature. I might never have to sign anything ever again!!


:cool::cool: Blondmusic :cool::cool:

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Thanks for that link for the Digital Signature. I might never have to sign anything ever again!!

 

Even better and something I have just purchased is this;)

The Consumer Forums - Announcements in Forum : Debt Collection Industry


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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