Signature demanded for CCA request

[cymruambyth]

I have requested a CCA with £1 which has been cashed. Company are refusing to supply this without a signature. I have sent the letter from the library which covers this.

Any suggestions as to my next step please?

[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

 

Also;

 

[/i][/b]

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

dx

[cymruambyth]

Excellent, that gives me something to play with.

 

Conversely, that should be stickied somewhere (maybe it is) for disputing the validity of CCAs; at court it was argued that a date stamp was a sufficient signature, which in my ignorance I didn't realise.

[Revenant]

Excellent, that gives me something to play with.

 

Conversely, that should be stickied somewhere (maybe it is) for disputing the validity of CCAs; at court it was argued that a date stamp was a sufficient signature, which in my ignorance I didn't realise.

 

 

This is the link to the original thread where there's some more info . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

 

Glad it helps and thanks to dx for keeping it alive

 

R

[cymruambyth]

Thank you for all the work that you put into that thread, most informative.

[Revenant]

Thank you for all the work that you put into that thread, most informative.

 

 

I bet there's lots more "Odd" bits of stuff that can help us but it's knowing where to look or just getting lucky

 

R

[cerberusalert]

I've stickied http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight

[Revenant]

I've stickied http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight

 

 

Thanks cerb

 

Puffs chest out with pride

 

R

[cymruambyth]

I've stickied http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight

 

Thank you

[cerberusalert]

BTW you could always refer them to the reply in Arkell v. Pressdram (1971) as a response.

[Revenant]

BTW you could always refer them to the reply in Arkell v. Pressdram (1971) as a response.

 

 

 

That made an interesting read

[cymruambyth]

I'm just getting ready to send my reply, who should I complain to about their actions? Also, is it the FOS that I complain to about their failure to supply their complaints procedure?