DCAs cant/wont comply to CCA without a signiture!!

[Halibutt]

I've seen a few threads, like this one:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?267196-Rockwell-and-Fenton-Cooper-Please-advise/page3

 

where DCAs have told the OP that they can't/won't supply requested info, such as CCAs, without a signed authority from the alleged debtor, due to the limitations of the Data Protection Act 1998.

 

I'm sure many CAG members have been through the CCA request rigmarole, me included, but I've been sent info (even when not correct) without signing anything.

 

Do DCAs need a signed notice of permission before they proceed? If they do, then surely anyone sending out information without a signed "permission slip" or whatever are in breach of the above act?

 

If a signed notice of permission isn't required, then where does the alleged debtor stand? Can they just say, "Not signing, but send me the information you hold on me". If the creditor refuses to send anything, that could simply result in a stalemate.

 

I do understand the idea of not signing anything due to previously reported "dubious practices" by some DCAs in the past, but it occurred to me that this might be an interesting discussion point and if we could uncover the legal position on it, then it may come in useful for people in future negotiations, requests, etc.

 

I'm open to opinions, etc. and would welcome any thoughts/discussion if you feel so inclined!

[dpick]

My reply to this type of letter has been you have written to me at this address demanding payment of this alleged debt if you were not sure of my identity then you should have made sure that I am the individual that actually owes this debt before writing to me demanding any payment. Therefore until such time that you provide information of your legal right to pursue this debt and proof that this debt is indeed my debt I will not be making any further contact with you.

 

dpick

[unclebulgaria67]

The Data Protection act does not require a signature to identify the data subject. A signature could easliy be copied by someone, if they desired to obtain information using it. The DPA is not that presciptive about how companies identify people requesting information by postal request. I think as long as you have written from an address where the data subject is resident, the letter clearly shows the data subject as the requestee and they send the information to that address, then they have complied.

 

I could if I could be bothered wade myself through the DPA, but I can't. But the above is my understanding from working in financial services. If someone phones you asking for information, you have to ask a certain number of questions to identify the data subject is the person phoning, but the requirements for written requests I believe is very basic.

 

If you wanted the ICO view on this, you could always give them a call.

[kerravon]

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 /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 with 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 it has 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.

 

If you do not understand this letter, you should seek qualified legal advice

 

I look forward to receiving the documentation requested

 

Regards

[Halibutt]

Thanks for the replies guys. Interesting letter Kerravon and thanks.

 

All relevant to my original wondering about the situations that other CAGgers have found themselves in. So, if, as in the link in my first post, a DCA says they are not willing to supply information without a signature because of the Data Protection Act 1998, but have already written to an alleged debtor, obviously disclosing certain information, then they are talking erm... bull poop?

[unclebulgaria67]

Absolute poop. It is not a requirement for a CCA request or SAR request. Bearing in mind you can make these requests by phone, how can they require a signature.

 

If they don't have any documents signed by you on file, how would they know it was your signature anyway. Are they trained to identify signatures? I doubt it.

[cashins]

All relevant to my original wondering about the situations that other CAGgers have found themselves in.

 

Having fought off seven creditors demanding 50k+ between them I found the following worked.

 

Refused to supply CCA - ignore them, they aint got it or they know it's junk. If they persist politely ask them to put up or shut up.

 

NOTE: all of mine are pre 2007, more recent, or on line you can have a problem.

 

David

[Halibutt]

Thanks Uncle B. and David. Mine are pre-2000 so the timescale doesn't worry me too much!

[jimbo45]

Hi there

pre 2000 probably Statute Barred in any case now so why on earth would these DCA's still be chasing this stuff.

 

Mind you there are a load of chancers out there.

 

Cheers

jimbo

[cashins]

so why on earth would these DCA's still be chasing this stuff.

 

Because they hpe you won't realise they are SB.

 

david