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Does this lady have to supply a signature?


sameagle
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I have posted on this particular forum before, a few weeks ago, regarding a friend on whose behalf I write five cheques for one pound, each month, and send to five debt collection agencies.

 

She normally receives [free] advice from an organisation that is paid for by her local Council, she has a personal adviser, but because of the present financial situation, cutting down on staff, etc, the adviser is virtually "uncontactable".

 

It's that time of year when DCA's are trying to raise some extra Christmas cash, of course, and they have started ringing my friend.

 

I expect they want more than their pound - normally her adviser contacts the DCA's and then say's to her, "Forget them - I've sorted them out, now carry on as you were".

 

She has mobility problems, on pension credit, wears two hearing aids, [deafness as a result of a massive stroke about six years ago], and one of these lovely DCA's started telephoning her by ringing her landline and mobile AT THE SAME TIME!

 

They did this twice a day, [that we know of], and the lady was terrified as a result.

 

So I recently wrote a letter to this particular DCA, based on the Telephone Harrassment letter from here.

 

I commenced that "I am writing with her knowledge and her permission", and then continued with the standard letter, but I said that they should neither telephone her, or me, and that all communications should be by letter, to her, or me.

 

I effectively adjusted the letter to suit "we/us" instead of "I/me".

 

Sent it off recorded at £5-05p.

 

They got it OK, and they wrote back to me [so the "Don't telephone", bit worked]!

 

They say that they need my friends signature before they will act on my letter.

 

Now, bearing in mind that they haven't telephoned either of us since they got the letter, but remembering what I read about DCA's and signatures - should she send anything bearing her signature?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Technically yes, they would need her permission before entering into communications with you. This would normally take the form of some kind of power of attorney.

 

You could always use a digital signature or make the signature unique,ie slightly different from her normal signature, that way if it was later found to have been copy/pasted - you'd know from whence it came

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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The other way is just to write the letter for her - in her name - and with her permission.

 

Then there is no need to mention you are involved at all. You are simply typing the letter for her.

 

If there becomes a need where you have to deal with the DCA on a personnel level then she will need to give you a letter of permission - but when i have done this for my family i never used a signature.

 

As stated above - get her to sign if need be - but get to her to sign in a different way - or put two crosses through the signature so it may not be copied.

Edited by dadofholly
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Hi sameagle

 

Another simple way of protecting your friends signature is a very old one

 

Buy a 1p stamp stick it firmly to the bottom of the letter and then sign across it, keep a photo copy of the letter

 

Good luck

 

R

Edited by Revenant

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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I told the gent in the Post Office that I wanted a signature, and that I wanted it traceable - I am aware that the "normal" recorded delivery usually means the postman scribbles the signature, and slings it through the letterbox!

 

I know that's the case, because I get small packets arrive here from abroad, and if my Postman knows I'm not far away, [just across at the lock-up, usually], that's what he does.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Another safeguard, purely for you, would be to get your friend to sign a personal letter to say that (s)he consents to you writing in the first person on her behalf, this just for your benefit should there be any problems in the future.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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