Problems with Immediate Financial

[BRIGADIER2JCS]

Thanks Brigadier, I was advised elsewehere on here to only use an electronic signature but they would'nt accept that.

There really is no point in not signing a CCA request, would anyone like all comer to be able to apply for copies of agreement if they had access to just a little information I think not.

[fletch70]

Well once told that they didn't need a signature they relented with me and sent my CCA request.

 

Once it is sent after 14 working days they are in default, internal procedures or not.

[fletch70]

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.

 

Thank you to DX for the above

 

Dear Sirs

Ref: xxxxxxxx

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation before you will comply with my CCA Request however, I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I wonder, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

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:

• Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

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; which therefore means that this account looks likely to become unenforceable until such time you actually respond to my lawful request for a copy of the agreement. I am not going to sign anything as there is nothing that formally allows you to demand such, any future failings will be swiftly reported to the regulatory bodies so I politely suggest you adhere to this refusal.

I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully,

 

 

[purp751]

Thanks Fletch, I did send Natwest a letter pointing out that there is no legal reason for them to require a signature but funnily enough they ignored that completely as well, this weeks target is Wescott as despite me receiving two letters from them saying they have suspended my account until they hear from Natwest, they are still ringing and texting everyday, including texting me at 12.51 am this morning! I feel a complaint to the OFT coming on.

[fletch70]

Hi

I too have had an ongoing battle with the group. I have not heard from them for a while .

I even went as far as sending a complaint to RBS but just like a good politician they wonderfully answered questions I did not ask and did not answer the questions I did.

 

Just remember that it is the FCA now to complain to

[BRIGADIER2JCS]

2. in post 28# says only it May be safe to assume..........>. A phrase much reminiscent of a DCAs letter riddled with the word.

 

 

Leaving it open for a creditor to say we may NOT assume........

[fletch70]

Purp

My view and that of many others (in fact i believe the vast majority) is that no signature is required. I assume that they have been writing detailed letters and/or sending statements to you at your current address.

Again my personal view is that if the above is true they will be in default of your CCA request and are somewhat on the backfoot. The new FCA rulebook says that they should not even be issuing proceedings with an outstanding S77-79 request . For this reason I would not pander to them.

 

IF you feel that a signature is needed then there are many ways to get round it, use an anti tamper strip...many websites have them freely available, you copy and paste them onto your letter then sign on top . Another option is to alter your signature as it is unlikely that they will compare. If you do this you then need to make sure you keep a copy as proof. Finally you could print your own anti tamper strip on the letter and sign on top of it.

I can only tell you what I would do and why I will never give a signature unless legally necessary , there are many other ways of proving your identity. IMO it is just about reducing any risks.

[purp751]

Hi fletch thanks for that I haven't heard back from Natwest yet this time round however Westcott who are currently acting fro them have today set another letter claiming they have had no contact from me and threatening further action if I do not contact them, I have two letters from them acknowleding reciept of the CCA request so obviously they have heard from me! seems they have the same attitude as Natwest.

[purp751]

Further to my above post I have just checked and I sent the CCA request on the 3rd April and was acknowledged in writing on 15th April and again on 30th April as it has not been forthcoming does this meanit is now past the 12+2 days? also Wescotts letters state that my account has been put on hold until the documentation has been found however it obviously has not as they have continued to harass me by phone and text and today again by letter since they were sent the the CCA request.

[BRIGADIER2JCS]

Yes they are in default of the request what ever letters are sent regarding "delays" in getting the information required.

Write back and tell them the account is now in dispute and is unenforceable until a fully compliant agreement is produced.

[fletch70]

I would also send the harassment by telephone letter to westcot. Technically the account is not in dispute but is unenforceable until they comply fully with your lawful request.

[BRIGADIER2JCS]

What exactly is the roll of Immediate Financial in these debts?

[purp751]

Thanks for the above,

 

Immediate Financial are dmp providers we were with and were "dealing" using the term in its loosest sense it appears,

with our creditors on our behalf although it appears now that they were'nt which has caused some of the above to default

and end up with the debt collectors we are now taking matters back in hands ourselves

and are in the process of trying to recover the money from our client account with IF.

[fletch70]

Personally i think doing it yourself is the best option. Are you saying that IF were not making payments on time to your creditors.

Just a heads up, a DMP is an informal arrangement and debts can and do get passed on to DCAs and sold on as well as defaults placed. In fact in the old ICO guidelines being in a DMP was an indicator of the relationship having broken down and a default could be place

[purp751]

Hi Fletch yes IF were not making payments on time to our creditors despite reassuring us everytime we rang them that they were, we are still waiting on a reply from IF regarding our complaints and request for the return of our money from our client account so we can use it to pay some of our creditors.

[fletch70]

Hi Purp

That is really not good. How long ago did you make the complaint to IF?

 

Have you read this https://www.immediatefinancial.co.uk/Complaint-Handling

 

TBH even if you can resolve the complaint without having to take it further I would still think about putting in a complaint to the FCA. I think that getting this bit sorted is your first priority. After that maybe look to see if their negligence has caused you any loss or potential loss

 

I am assuming that you were on a debt settlement plan with only token payments being made to your creditors. Have you spoken to anyone about if this was good or bad advice.

[purp751]

Hi fletch, sent the complaint about a fortnight ago, had a letter saying they have had the letter and are investigating, yes they were making token payments only but based on what we were paying into the client account monthly they have had more than enough money to pay off the smallest debt even without negotiating it down which they reckoned they would do.

[fletch70]

Ok so they have another 6 weeks to go before they have to respond. This will be why you have defaults etc but first thing us get your money back. Meanwhile i would be getting those cca requests off.

[purp751]

Had another letter from Wescot today

 

saying they will not uphold the complaint of harassment as they have only rung 7 times all within thier usual opening hours of 08.00 -21.00

and denying they sent the text message I recieved at 00.51am which woke me up!

 

I've just been through my phone and I have 17 calls which can be attributed to Wescots

 

3 different phone numbers and

 

also 3 text messages

 

although I know there have been more of those too.

[dx100uk]

usual rubbish

 

dx

[fletch70]

Make sure you keep those calls . I use call blocker on my android and it keeps a record of any calls or txts received from blacklisted numbers. I have 7 from MKRR but not one since they got my letter.

That is the usual rubbish from wescot. These are the people who in all seriousness referred to the credit consumer act and did not see anything wrong when I requested a copy of such legislation. It really is a series of emails that would make any judge need some Tena pads

[purp751]

Hi fletch, I am doing have written them all down and they will be listed when I reply to Wescot, just working on a suitable reply to their high and mighty I've also got to get my wife to go through her phone as well as they were texting and ringing her too.

[fletch70]

Make sure you actually tell them to communicate only in writing . It is after that you could have a valid complaint against them

[purp751]

Latest update

 

we have had contact from Immediate Financial,

 

apologizing for not having settled any debts in the 12 months we have been with them

and

 

giving us a figure for monies held for us in our client account which is nearer to what we believed it should be

 

which they have offered to return without complaint,

 

Wescot have backed down although not completely but have a sort of half apologetic letter from them

and they are now willing to accept £1 per month from us as they were from IF,

 

Buchanan Clark and Wells however have sent a long rambling letter saying that they threatened doorstep collection

as we had not replied to thier original letters but then contradict themselves by saying they did get our letters

but as we did not follow up with a financial statement and offer of payment this is what escalated the matter!

 

BCW never acknowledged receipt of the two letters we sent until I sent copies of both with my last letter to them

and sent it recorded, last letter I sent them also included the doorstep collection letter off here,

 

BCW claim that the case referenced in that letter is not relevant?

and also that apparently by signing the original CCA with Barclays that we agreed to doorstep collection as part of any debt recovery required by default?!

 

I also offered to honour the payment agreemment made with them by IF and continue paying the £1 per month

however they say they will not put this in place without a financial statement.

[dx100uk]

usual crap from BCW then. BC do not say that anywhere

 

however

 

I'd be starting a new thread for each now

 

hows the IF SAR going?

 

got all the statements yet?

 

dx