Capquest request signature on CCA cap1 card

[olliepup]

Hi all,

 

I had a Capital one card with 340 quid on which i was paying off, they have passed it to Capquest so i have sent the CCA letter with ! pound but just put my name on the bottom typed.

 

They sent it back today saying my letter needs signing properly before they can deal or pass on the request to Capital One.

 

So are they after a signature to copy onto an agreement?

 

I was thinking of just writing my name not signing it and see if some sort of agreement comes back with that signature on and not my real one.

 

If they did that that would be illegal?

 

Is this common practice from Capquest?

 

Many thanks .

 

Olliepup.

[Revenant]

Hi olliepup

There's no legal requirement for you to supply a signature

Did Capquest write to you advising of the change, if they did then they have no reason to doubt your CCA request is not from you

If you sent the request Recorded Delivery and have proof that it was received IMO after the 12+2 days are up the account is in dispute due to the failure to comply with a properly executed CCA request

There's a letter re this situation, I'll see if I can find the link

Good luck

R

[Revenant]

Here's the letter . .

Written by 42man

 

Debt Letter - When company refuse CCA due to no signature

To be used when a company will not supply your agreement without a signature

 

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 in which you say that you will not comply with my request dated xxx under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

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. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. 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.

 

Please now comply with your legal obligation without further delay.

 

Regards

 

 

Amend where needed

R

[firstship]

Revenant reply 100%.....................did they send your £1 back?????????????..........FS

[olliepup]

They have been ringing like mad and have sent 3 threat letters, i haven't spoke to them but put my account numbers my address, typed my name and sent it to be signed for, they def recieved it as they sent my cheque back for a quid saying to represent it with a sig, don't worry the sig i put on the cheque was not like mine so i would know if they used it, the banks don't check cheques for that amount so it wouldn't matter my sig was diff.

 

They just sent it back stating the require a sig to action my request.

 

I'll send them that letter i think, they did say they have now removed my numbers from their records so should be quieter!

 

Cheers for the advice.

 

Olliepup.

[Bazooka Boo]

You've got to ask yourself why it has taken them until now to get jittery about your Identity, the time in which to confirm who you are was before they sent there first threat letter out!

I would also add to the bottom of that letter, that as they are unsure as to your identity, they have admitted that they have breached the Data Protection Act by disclosing personal details to yourself of an alleged debtor, OR they now accept that they have been communicating with the wrong person, and you will not hear from them again. In either case you will report them to the OFT, TS, & the ICO for various breaches under various acts of the law, they can't have it both ways!! Well they would, and bloody sideways an all!

 

And why are they still ringing you if they are unsure as to your Identity?? I know exactly what I would do, how is your french accent??

[olliepup]

Well monsier i should tell them to F**K OFF.

 

I'll draft a letter up and send it off, interesting info, with all the DCA i have dealt with over the last 3 years it's amazing what they will try and say next!

 

Cheers folks.

[maroondevo52]

Olliepup any charges you could re-claim ?

[Bazooka Boo]

My thoughts on this are that if they want to play silly bleeders then there is more than one person who can play them at their own game.

They have for whatever reason (attempting to exploit your lack of knowledge) have only now decided, that they wish you to confirm your identity to a request you have legally made to them, as they are unsure as to who you are, you technically have them over a barrel.

They either comply with your request and shut up, OR, they admit that they are uncertain as to who you are and having breached the DPA, CUPTR regs, and OFT debt collection guidelines, will now close their magic mystery file and stop harassing you for a debt they are uncertain you even owe!

[pidg2003]

I am having the same problem with First Direct. I have sent the initial CCA Request letter along with £1 postal order.....returned requesting signature postal order enclosed......sent second letter as above (when a creditor refuses CCA request due to no signature) again unsigned and received it back (postal order enclosed) again being told that they confirm they need a specimen signature....so I sent the CCA 12+2+30 letter again unsigned....received back today saying they can't answer my points unless I provide a specimen signature.

 

What letter do I send now and should I report them to someone (who??) for giving me false information that a signature is required?? Should I keep resending the Postal Order??

 

I have asked on other forums for advice, contacted Consumer Direct, CCCS and the OFT...they either referred me to each other or didn't reply.

[Bazooka Boo]

There is nothing further to send them except the 'Failed' letter informing them that they are out of time in sending the requested CCA, they have 12 working days to send it to you, they haven't therefore send them http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Thisis easy now, as when they pass it on or sell it to any other DCA all you need send them is 'this account is already in dispute with DCA who failed to provide the CCA'

Make a complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

The time in which to confirm your identity is before they send you their first threat letter, as they have failed to do so, you now expect them to close their files on this matter immediately until they have confirmed the identity of the correct debtor, they also confirm that they have breached the DPA and OFT debt collection guidelines, there is no relationship between you and them.

[pidg2003]

Thanks very much for that that is a great help.

 

I still make regular monthly payments on the card...should I now stop these??

[Bazooka Boo]

Yes stop all payments, you are legally allowed to do this, until such time that they can either produce the CCA or flog it on to another.

[pidg2003]

After weeks of trying to get advice I get it in less than an hour on here. Have e mailed a complaint to Consumer Direct re requesting signatures and will send letter as advised.

 

I love this site already.

 

Thank you very much BB

[pidg2003]

oops double post already

[olliepup]

Pidg i'd be interested in hearing your reply you recieve!

 

I'll draft a letter over the weekend to regarding the lack of identity etc, in the letter they sent me they confirmed that they had removed my numbers from their files and would correspond in writing only, less than a week the sad fooks are ringing my moblie again!!

[pidg2003]

Ollie I firmly expect to get the same reply i.e we cannot answer the points you raise until you have signed the letter.

 

That's why I wanted to report them to a higher authority. I'm waiting for a reply from Consumer Direct before I send the letter to FD.

 

As for your calls I'm sure that is harassment and you should report them.

[Seminole]

There is, of course, no proof that any of these organisations actually do misuse signatures in the way suggested. It would interesting for someone to comply wth the request but to not use their normal signature and see what happens.

[Bazooka Boo]

I agree it is a bit of a misnomer that sigs get lifted or used, and I hardly believe that they would be willing to commit an act of fraud and the outcry that would follow.

The reason why people are advised not to sign docs, is purely because there is NO LEGAL requirement for any document to be signed, CAG do do a anti tamper signature block where it would be impossible to lift or 'tamper' with the signature, as simply putting crosses or lines through it are easily removed.

http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&p=2788625

[pidg2003]

Quick update...reply from Consumer direct they are reporting FD to trading standards and advise me to report them to the FOS.

[olliepup]

Im sending off the no sig letter tomorrow and told them i'll report them for harrassment if they continue to call after they put in writing they have removed my numbers 2 weeks back.

 

Cheers.

[olliepup]

Quick update...reply from Consumer direct they are reporting FD to trading standards and advise me to report them to the FOS.

 

Sounds like a step forward Pidg

[pidg2003]

General Update:

 

Reported FD to Ombudsman received reply they are investigating.

 

Stopped payments as suggested but today received a default letter saying I need to bring payments up to date by 26th Feb to avoid further action.

 

Is there another letter I should send in reply to the default or just sit tight until they pass the debt on??

[Bazooka Boo]

Who was that default issued by? The OC or the DCA?

Can you scan & post it up removing all ID?

[pidg2003]

It is from First Direct:

 

It states:

 

8 February 2011

 

DEFAULT NOTICE SERVED UNDER SECTION 87(!) OF THE CONSUMER CREDIT ACT 1974

 

Dear Sir,

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

 

Under Account Number:

 

And dated 27th March 1996

 

 

Customers full name(s) and address (es)

 

Mr------------------

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

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

-----------.

 

We refer to the above agreement, which you have entered into with us. you have breached the term and condition 7 of the agreement in that you have failed to make the minimum payments.

 

Action required:

 

To remedy the breach you must pay us a total of £---.-- before 26 February 2011.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

FURTHER ACTION:

 

If you do not take the action shown above we shall demand repayment of all sums owed under the agreement, including early repayment of all sums not yet due, and take whatever steps are reasonably necessary to recover these sums. These sums are:

 

Total amount owed under the agreement, including interest and charges, as at the date shown £----.--

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED V=BY THIS NOTICE YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

 

This notice should include a copy of the current Office of Fair Trading Information Sheet on default. this contains important information about your rights and where to go for support and advice. if it not included you should contact us to get one.