SAR request - replied asking for signature

[abc11]

Hello. I've been pointed to this forum and in particular to 'Never in doubt' for help so I would be very grateful to receive a reply and I apologise in advance for the long post just wanted to include all info. The reason I'm applying for SAR is that I found out a couple of months ago that two banks had issued CCJs against me in 2007 which I was unaware of as I was out of the country.

I sent off a SAR on 02/10/10 and on 20/10/10 received the below response.

• [size=5]Thank you for contacting us to ask for your personal information that we hold in our automated systems and paper files.
  I note that your surname, signature and address provided does not match the details last held on our records. For your security we will require a certified copy of your change of name deed together with a copy of a recent utility bill to confirm your address. Please call in to your local (BANK) with these documents and they will be happy to take copies and certify them for you. They will also be happy to update your personal details and signature.
  Alternatively, once we have collected the information you can personally collect the parcel from a (BANK) branch of your choice. You will be required to show some form of identification, such as your passport or driving licence, when you go to collect it.
  Please indicate on the attached form whether you are enclosing certified copies of your passport/driving licence, change of name deed and utility bill or whether you wish to collect your parcel from a branch of (BANK). If you choose the latter we will write to let you know when your parcel is ready for you to collect. As soon as we receive your reply we will begin our searches for information.
  Would you also please provide us with your specimen signatures in both your current and former name on the attached slip and return this with the certified documents. A pre-paid envelope is enclosed for you use.
  If we do not receive a response from you within one month we will close our file. We will of course re-open it should you come back at any point afterwards.

On the 21/10/10 I received a reply from a different bank I also sent a SAR to. This was their reply.

• [size=5]regrettably, as I cannot verify your signature with the sample held in bank records, it us not possible to act upon your instructions at present.
  Please sign below and return this letter in the prepaid envelope provided and we will be pleased to assist you.

I was writing to them about accounts defaulted on between 4 - 5 and I have had no contact with them since then. Since then I have been divorced, reverted to using my maiden name and I have moved. In my original request I enclosed a copy of my old passport in the name the account was held in (with signature crossed out), a copy of my divorce certificate and a copy of my birth certificate. I also explained about the changes and provided all past address details. I included the case number of the CCJs they have had issued against me without me knowing but I do not have any account numbers as these were all lost. I signed the letter using my current signature but put a line through it.

• 1) is there some legislation I can go back with to say I don't have to provide a signature? I believe they do not have a credit agreement so don't really want to give then my signature.
  
  2) should I use prepaid envelope for reply or special / recorded delivery?
  
  3) when does the 40 day period start from?
  
  4) In the case of the first bank would it be better to get the documents certified and send them off or say I will collect from the branch and just show my driving licence. It's strange they want passport, change of name and proof of address by post but just passport/ driving licence in person.

Sorry for the long post but hopefully someone will be able to advise me how to proceed!
Thank you

[Never-In-Doubt]

Re: SAR request - replied asking for signature

Hiya

Why are you sending SAR's at a cost of £10 each? Point is if they have CCJ'd you in 2007 then you'll find they drop off in 3yrs, why argue it and end up having to pay money when you'd be best hiding for the next 3 years surely?

However, you're right they cannot demand a signature - so those that request one send this in response: ---> viewtopic.php?p=2306#p2306

Send things recorded delivery (that is the orange sticker). The 40 days start from the date of your original request, as they are asking for things that are not necessary i.e. a signature. However as you've changed names and addresses then you can see why they will need ID and so for this reason alone, of you really want to see what they have about you then i'd send a copy of something. You'd be easier using your old name, and then just issue a change of address notice. However you must refuse to sign cos if they get your siggy now they will cut and paste it to an agreement (usual practice lately).

Personally, i'd hide for the next 3 years!

Regards to first bank (I presume this is rbs/natwest?) just send the same template as noted above, but edit it slightly to indicate that you were married and have reverted back to your maiden name and therefore will not be sending in ID as it is not required, and for the record you make your request using your old married name.....

Best of luck

[abc11]

Re: SAR request - replied asking for signature

Thank you for your reply. I know it seems silly that I am doing this when the chances are I could have stayed hidden for the next three years but although I'm not really bothered by them credit wise, I am studying law. I have been told that although I could still practice with them, if I can get them removed it would be better for future career prospects. I wasn't aware they had been issued until this August and as I hadn't received any papers (and one is marked as returned to Royal Mail on the court system) the court adviser suggested I try to have them set aside.

I have already requested using my maiden name but it definitely would have made more sense to do it with my married name. I wish I had found this site earlier as I am beginning to wish I'd kept my mouth shut career or no career!!!! Oh well not much I can do now.....

I've had a look at the letter you suggested and altered it slightly so it fits more with my situation (I had to remove the bit about sending to my address as it is not the address on their file). I would be grateful if you would take the time to have a look and make any suggestions you have.

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted and for which I have sought advise.
  
  In your letter you make reference to requiring my signed authorisation. 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 would like to refer you back to my letter dated 01/10/10, a copy of which is enclosed, in which I attached a copy of my passport in the name of [Married name], my decree absolute from my divorce and my birth certificate to show I reverted to my maiden name. For further clarification I attach a copy of a recent utility bill as proof of address and a copy of my current passport to this letter. I believe this documentation is enough to substantiate my identity to you and should fulfil your checks to confirm my identity and address.
  
  I note that there is no provision that removes the requirements of the Act to provide the information requested on time, even if you are unsure of my identity. As such, I look forward to receiving the documentation requested, within the given 40 day period which I believe ends on the 11/11/10.
  
  Yours faithfully
  
  
  Sign digitally

1) Should I make any reference to the first bank asking me to get copies certified in branch or collecting the information from the bank?
2) The signature I use now in my maiden name is not the same as what I used before I was married so should I sign with my current signature in the knowledge that if it did turn up on any records I would know it was forged?
3) These digital signatures that are available online are they recommended or could the bank just trace them or something?
4) I posted the initial request off on the 02/10/10 by special delivery so does the 40 days finish on the 11/11/10? I'm not sure if its days or working days, sorry.

Thank you so much for your help it is really appreciated..

[Never-In-Doubt]

Re: SAR request - replied asking for signature

1) Should I make any reference to the first bank asking me to get copies certified in branch or collecting the information from the bank?
2) The signature I use now in my maiden name is not the same as what I used before I was married so should I sign with my current signature in the knowledge that if it did turn up on any records I would know it was forged?
3) These digital signatures that are available online are they recommended or could the bank just trace them or something?
4) I posted the initial request off on the 02/10/10 by special delivery so does the 40 days finish on the 11/11/10? I'm not sure if its days or working days, sorry.

Thank you so much for your help it is really appreciated..

Hiya

Your letter is fine..... regards to above:

1. Nope

2. Yea, good idea provide them your new siggy lol

3. What digital signatures? I am talking about this here: ---> viewtopic.php?p=17661#p17661

4. 40 days - just 40 days but seriously forget that cos nobody ever responds in time, they cannot take action anyway whilst you're disputing things - but no bank ever responds to a SAR in 40 days. Assume they don't, tell me then, what are you going to do? There is nothing you can do, so you just sit and wait! Sorry but forget the dates, you're worrying over nothing if you worry about dates - the info will come when it comes, simples..

2 2

[abc11]

Re: SAR request - replied asking for signature

Hi. Thanks for your reply. Got the letters posted off today so will see what happens.

The digital signature I was talking about was on a forum somewhere about a company you pay £3 to and upload your signature and they put it on a patterned background or something. You then have the file to insert onto documents but it can't be copied by the bank as it would have the background. Can't find it now anyway....... ;Red

I was only thinking about the dates as I want to apply to have the CCJ set aside. The court said the sooner I apply the better so I didn't know whether I would be better to:

• a) Wait 40 days and if I haven't received anything apply for the set aside and tell the court that I had requested a SAR but the bank had not been able to fulfil my request in the given 40 days.
  b) Wait indefinitely for the SAR to be sent and perhaps have an unsigned CoA to back up my application and just explain the delay in applying as being due to the time taken to receive my SAR.

What would you do??

Thanks again for your time and help.

[Never-In-Doubt]

Re: SAR request - replied asking for signature

Hiya

If they do not respond to your SAR then tell the court yes. Don't rely on no CCA for a set-aside, after some recent judgements you will lose - it is easier to fight to stop action, than to have an already issued judgment set-aside.