Lots of debt

[Americanmuscle]

Have had a letter from Apex concerning my Barclaycard account after I sent them the 'Account in serious dispute' letter, it reads...

Further to your request for further information regarding your account, please find enclosed the documents as requested.

Along with the above letter they have sent me what looks like a badly photocopied copy of the Barclaycard application form, I have replied to this with a letter thanking them for the hardly legible photocopy of the application form and directing them back to my 'account in serious dispute' letter, I have now received another letter from them which reads...

 

Our client has requested we contact you to arrange payment of the full outstanding balance, we have made enquiries and sources have shown that you are resident at the address on this letter. Our clients have advised that previous attempts to contact you via other agencies have been unsuccessful and this is potentially your last opportunity to arrange payment before further action will be considered.....blah blah blah

The funny thing is this letter is identical to the letter they sent me last November. Perhaps they have a new member of staff who is going through thier training programme!

[cerberusalert]

They only have a finite number of threat-o-grams & once they've gone through the cycle they press the 'jumble' button & start again.

[cerberusalert]

The 'letter' they are referring to from me is the 'Account in serious dispute' letter I sent back in November

They are sabre rattling, there is no legal requirement for you to sign any letters by the method they demand, you could draw a dog's paw print & it could be construed as a signature;

 

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