Capital One DEMANDING signature to answer letters?!

[smurfetty]

OK, I'm in a little war with C1. I notified them months ago I was unemployed, and tried to set up a plan. they gave me grief at first saying they needed 'proof' including a benefits letter and bank statement. I sent the JSA letter but not the bank statement.

 

They wrote back saying I can't be put on a plan unless I send them a bank statement. Two working days later they write a letter saying i've defaulted and lost my account completely and blah blah. Then i receive a letter from their DCA requesting the full amount.

 

I sent C1 a snotty letter saying they never gave me time to repond and how I have informed them of every step and given the JSA letter (they said a JSA letter 'isnt proof of income'). Hear nothing for a couple weeks and then receive a letter from C1 saying they were sorry for my 'problem' but because my letter wasn't signed they cant help me, for 'security reasons'. They said i have to resend the letter signed?!

 

Baring in mind I haven't signed ANY of the 10+ letters i've sent them and the DCA yet they had no problem responding to all of those?!

 

Do I have to really send them my signature?!

[craigers]

no you don't! have you changed address recently?

[smurfetty]

No! Nothings changed, apart from they've stopped calling me! everything's the same. it feels like they are fishing?! they ask me for somthing then back track saying 'its not proof'. Now they need my signature?! hmmm... legally can they refuse to deal with me without a signature?! I put my address on each letter along with the account number and they have my contact numbers. so why do they need my sig?!

[craigers]

they have a duty to ensure you are who you say you are BUT if they have been sending correspondence to you prior to this, and your address etc haven't changed, then i fail to see how they can't deal with you without a signature. capital one seem to have a habit of doing this. i've sent three cca and two sar requests without signatures and they won't budge. i've complained to the ico but 8 months on, they still haven't even assigned it to a case worker!!

[Old Cogger]

try using this if you want to. also put x!s through your siggy

[dx100uk]

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

 

dx

[durtydurty]

Sorry to drag up an old thread, but Im having exactly the same problem, sent them a CCA which they responded to and then a account in dispute letter and have now hit a brick wall with letters the same as yours where they wont answer it without my signature. Even though I put a signature and covered it with a 'Anti tamper ' thingy they still wont have it and now Im 28 days away from default.

 

What did you end up doing?

[mackay32]

It happened to me. I rung the number on the letter they sent me and told them I refuse to sign anything. They told me to confirm my ID by answering security questions. I answered the questions. They then proceeded with the SAR. I received it within two weeks!

 

You don't have to sign!

 

Hope that helps