Wescot help chasing old Mint [RBS] Credit Card Debt

[Constantly troubled]

Fletch

 

If I send that letter, are they likely to send the CCA request without the signature or are they likely to ignore it? As you know, I want to delay as long as possible......

 

Thanks

[fletch70]

Troubled

They did with me, AND remember that you have proof you made a lawful request that they have not fulfilled. In addition you have offered to provide other proof of ID so to be honest I can not see how they can even try to enforce while it is outstanding

 

As for the Brigs point, he may be right but it;s not a chance I would be willing to take. Fake signatures can and do happen.

 

I know next time RBS write to me I asking for a signature I am going to copy n paste one from an application form I sent them

[Constantly troubled]

Troubled

They did with me, AND remember that you have proof you made a lawful request that they have not fulfilled. In addition you have offered to provide other proof of ID so to be honest I can not see how they can even try to enforce while it is outstanding

 

As for the Brigs point, he may be right but it;s not a chance I would be willing to take. Fake signatures can and do happen.

 

I know next time RBS write to me I asking for a signature I am going to copy n paste one from an application form I sent them

 

Could they not just use that as a fake signature though?

[fletch70]

Well yes they could but as no two signatures are ever identical then I might just cause em bother. To be honest RBS have my signature anyway from when I signed things for my late wife and from my application form.

 

I am just bloody minded and as you say YOUR aim is to drag this out until the SB date go for it

[ims21]

Could they not just use that as a fake signature though?

 

 

If you are worried about a signature being lifted just alter it in a tiny way that would only be spotted by you and take a photocopy of it for later reference. If it appears on a document that is supplied to you then you will know what is what.

 

Although some say it doesn't happen there is no harm in erring on the side of caution. If a bank is happy to forge a signature then there is no telling what else might go on.

[Constantly troubled]

Ok, armed with that info, I am going to delay as long as possible and not provide a signature. Thanks for all your help guys......you are invaluable!

[Constantly troubled]

Just another point (sorry) how quickly should I respond to this? What is reasonable? I don't want to write back tomorrow if I get a certain amount of time before the law assumes my non-compliance?

[fletch70]

Well personally I always respond far too quickly I just don't like it sat there looking at me.

 

But 2nd class proof of posting one day earlish next week will be plenty of time. Use signed for if you want to and can afford to

 

( I am always very aware that the constant cost of postage for some, especially if you are not working, can be a real drain)

[Constantly troubled]

That soon?

 

Thanks, will update as I hear back.

[fletch70]

Told you that I am always sending things far too soon. You could leave it a week or more...what would happen if you were away or even worked away all week and it didn't arrive till Monday?

[Constantly troubled]

I do, I work on an oil rig and we only get post every 4 weeks . Only kidding, I will send it at the end of next week by snail mail.

 

Thanks again

[dx100uk]

send them this:

 

 

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

[fletch70]

DX

That is brilliant

 

What are the odds that RBS write back asking for a signature for the CCA request :frusty:

[Constantly troubled]

Hi everyone

 

 

Have received a reply from RBS today with exactly the same letter I received last time:

 

 

I am unable to deal with your request due to, (ticked as appropriate)

 

 

but nothing is ticked!

They have enclosed my cheque but nothing else?

What do I do now?

 

Shall I write back, pointing out their error or shall I wait for further correspondence from them?

 

I have had 2f (I believe a branch of wescott) writing to me, asking to clarify that I live here etc. but nothing else as yet.

 

Bearing in mind, that at the end of April, this is SB, what would everyone advice the best course of action?

 

 

Thanks

[fletch70]

RBS group are morons. I have finally snapped and made a formal complaint about the way they handle every single request or dispute letter by sending that stupid form back. They promised me a reply by 6th Dec which they wrote 6th Dec and then promised a reply by 20th Dec , not here yet.

 

In my formal complaint I included a CPUTR request .

[Constantly troubled]

What is a CPUTR request?

[fletch70]

It asks them if they hold the original signed copy of the agreement. Now they do not have to reply, but if it is part of a formal complaint they are kind of snookered in that they have to or you can escalate it onto the FOS

 

This is the actual letter you could send

 

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

 

However my complaint went on for 3 pages detailing what they had done , why I felt it unfair. I quoted various OFT guidelines. The one thing I did not quote was the rather useful info that DX has posted about what is a signature. Basically every time I wrote to any DCA saying they had not complied with my S78 request I would get a letter back like you did either asking for £1 or for a signature.

 

I know someone who swears that she has never had a creditor follow through with court action once the CPUTR letter has been sent however that is only her experience and there may be other factors

[Constantly troubled]

Good for you. How long have you got left to run on the debt though? Because of my short time scale, I'm happy for them to mess around. Part of me thinks I should just ignore this now, if they tried to pursue this, I would have ample evidence supporting the fact that I've tried to clarify the debt exists. If they won't play ball then more fool them.

[fletch70]

Oh I still have 4 years or so as I was in a DMP.

Without going back I can not remember how long you have until it is SB , but it is all about dragging it out and not letting it get to court. Nothing is ever certain in court, some judges, well you wonder how they became judges .

[Constantly troubled]

I've got until the end of April, still long enough for it to mess up, hence why I don't want to do nothing but similarly.....if they can't get their communication right, how am I supposed to deal with them?

 

 

Do you think I should write back asking why they've returned my cheque a second time?

[dx100uk]

why not but leave it till jan 3/4 ish

 

string it out

 

dx

[Constantly troubled]

Thanks dx, I think you're right, far too much to do this side of xmas anyway!

[fletch70]

Sounds like a plan to me