M&S CCA - Want my signature

[SRR1972]

Hi all

 

Hope you are all well and wonder if you can help. I have decided to CCA M&S and recieve a reply today that's left me a bit puzzled - no scanner the now but I will quote from the letter.

 

"Under the Data Protection act may I advise you that before we can provide you with a copy of this information which will be forwarded to you by recored delivery we need your signature of authority. Please allow 40 days for the processing of this request"

 

They have included a form they want me to sign and a list of products they provide and ask me to select which one my CCA refers to. Which I find strange as I only have 1 product with them - a CC.

 

So my questions are :-

 

1. I shouldn't send this form back with my signature should I ?

2. What should I do now ?

3. The 40 day processing time isn't right either is it ?

 

Am I being super-cynical or is this a delay tactic

 

Any advice welcome

 

Cheers

 

Stuart

[blueda]

1. You do not have to fill any form in, do not sign your name, you can in future correspondence print your name.

2. After the 12+2 working days are up, send them the account in dispute letter

3. The 40 day processing time is not right.

They are using a delay and bluff tactic as they probably dont have a valid CCA copy.

[SRR1972]

Cheers Blue

 

Pretty much what I thought but what should I say to them ? Do I just plain refuse to sign but tell them why or leave it until the 12+2 are up then just send them the despute letter ?

 

I had a sneaky feeling they didn't have a CCA

 

Stuart

[IdaInFife]

me personally, i am the type that want things done and sorted,

 

i could either send:

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 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

 

 

or google digital signature

 

and have been known to sign it and put a cross through it

 

 

ida x

[maroondevo52]

Hi, Stuart.

 

You could always use this.............

 

http://www.consumeractiongroup.co.uk/digitalsignature.php

 

Cost you £4 see what you think,

 

Regards.

 

Scott.

[beetle1234]

SRR1972 - From recent personal court experience fighting(and conquering) M&S I suggest you do the digital signature thing quickly and don't let them stall you in anyway...I presume solicitor is McLure Naismith ? In addition to them settling my case in full in my favour I know of at least one other forum member who has had same result....in my case cca was an application form and default notice was as defective as an old typewriter so they stood little chance in court anyway....in the case of the other forum member they didn't even have a cca of any kind to produce....current policy for them seems to be if you have a case and you tell them you are going to defend it there is a good/strong chance of the same result for you too.Read my thread "M&S court papers received" and if I can assist please let me know.Good luck and keep fighting !

[SRR1972]

Hi Beetle

 

Thanks for the response - I did send them the letter Ida posted and used the digital sig option. Is that enough do you think ?

 

How long did it take you to get this sorted ?

 

Regards

 

Stuart

[IdaInFife]

it's more than enough

 

Ida x

[beetle1234]

Hi Beetle

 

Thanks for the response - I did send them the letter Ida posted and used the digital sig option. Is that enough do you think ?

 

How long did it take you to get this sorted ?

 

Regards

 

Stuart

 

Thats plenty enough for now.When we were 3 months in arrears they issued court papers.This was back in April and first (and only)court hearing was 6th July.Keep calm and post up on the forum what you get from them with personal details blacked out when you get it.Also dig out EVERY piece of paper you have ever received from them if you can as it may prove useful later.All the best.

[IdaInFife]

Hiya,

 

If no response after the 12 + 2 send them:

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Ida x

[SRR1972]

Hi all

 

Its like groundhog day - I've sent the "you don't need my signature letter" and used the Isignature on that letter. However today I a response saying again that they wouldn't process my request as I hadn't signed the CCA request letter.

I have put of the dispute letter as I was waiting a response. So wee bit advice please

 

Do I ..

 

Send the CCA form again but use the electronic signature ?

Send the dispute letter and without payments until they cough up with the correct paper work ?

 

Or Both ?

 

Regards

 

Stuart

[asr2]

Hin Stuart,

 

I have in the past had a lot of superb advice from Ida, if she has intimated using the dispute letter that is the road I would consider using. Never known her to give poor advice in the past and not likely to do so now.

 

Kind regards,

John

[asr2]

Hi again,

 

I am assuming the 12+2 time status has passed.

 

John

[IdaInFife]

they have one with the digital signature so that i enough,

 

send the acc in dipsute letter

 

ida x

[IdaInFife]

wait a mo, i have re read the thread, you sent then 'you don't need a sig' letter and use a digtal signature on it!!!

 

lol and they have not noticed the sig then,

 

to stop them stalling any longer then re send the cc with the isig

 

ida x