Advice please

[pt2537]

[(3) Where a data controller--

(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a

request under this section and to locate the information which that person seeks, and

(b) has informed him of that requirement,

the data controller is not obliged to comply with the request unless he is supplied with that further information.]

 

yup theyre right they do have to make sure they are talking to the right person.

 

however the Act doesnot require that you send them a signature and i suggest that you do not send them anything with a signature on it

 

A simple call may resolve the problem this up to you, all they have to do is establish that you are who you say you are. you do not need to discuss the debt in any way

 

regards

paul

[pt2537]

Morning Sequenci

 

It never ceases to amaze me how creditors try to use the DPA to get out of having to supply documents under a CCA request. Barclay card seem the worst offenders. i have seen a few people on here asked to provide their signatures on a piece of paper before hey will comply with the request.

 

they must think we are all green.

 

oh whats happened to "shaun the sheep" hes been replaced:D

 

Regards

paul

[pt2537]

Hi Evil Noodle,

 

the time frames are

 

!2 working days from receipt of request to supply the information under the Consumer Credit Act 1974 once they exceed this time frame they are in default and not entitled to enforce the debt until they comply and rectifiy the default

 

now, the Data Protection Act request they have 40 days to comply, calendar not working. however they are entitled to ask for you to confirm identity so this could make things take longer if you dont supply them this info, however DO NOT give them any thing with your signature on it

 

regards

paul

[pt2537]

oh , to shut them up with regards proof of id for a CCA request heres a letter i keep up my sleeve for these situations

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substansiate my identity to you.

 

However please note that to date you have happily sent statements and correspondace containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken 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:

 

7. 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.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. 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.

 

i look forward to recieveing the documentation requested

 

Regards

[pt2537]

Hi There

 

When you CCA'd them, did you put your address as it is now on the letter?

 

If you did, have they received the request for a copy of your credit agreement?

 

if you have proof of delivery, they clearly have your address so why bother contacting them

[pt2537]

oh and with rergards to the telephone calls

 

send the idiots this

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

[pt2537]

Hi EN

 

I cant read the 3rd page properly but is there anything on there about canceling the agreement? and have you been sent any details on cancelation? as it appears to be a cancelable agreement