Re: What's the worst thing that can happen! UE diary
No actually it's the worst thing you could ever possibly do!
You're then giving the bank direct access to your personal and most up-to-date information plus a genuine copy of your signature for them to then use against you.
The rule is within the template, no need to get into dialogue - you request CCA - they decline, you then send chaser and remind them there is no provision to request a signature UNLESS it is for DPA purposes in which case you reverse it and say "well you've been writing to me and sending statements so in essence now you're asking me to prove myself, you're admitting you have not checked your records prior to sending sensitive data thus admitting breach of DPA1998".
Point is, they (the banks) think a s.78 comes under DPA (it does not) thus no signature is necessary and they cannot enforce so long as they are in default of this s.78 request.
Read the templates for the full and current guidance regards this.
As you'll see from the above this mentions providing ID but then suggests you won't because why should you? The bank know it is you so they need to stop messing around!
Templates of relevance here ---> allaboutDEBT | Unenforceability Templates | Section 3 - Additional Requests to Comply
Originally posted by SaltnVinegar
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You're then giving the bank direct access to your personal and most up-to-date information plus a genuine copy of your signature for them to then use against you.
The rule is within the template, no need to get into dialogue - you request CCA - they decline, you then send chaser and remind them there is no provision to request a signature UNLESS it is for DPA purposes in which case you reverse it and say "well you've been writing to me and sending statements so in essence now you're asking me to prove myself, you're admitting you have not checked your records prior to sending sensitive data thus admitting breach of DPA1998".
Point is, they (the banks) think a s.78 comes under DPA (it does not) thus no signature is necessary and they cannot enforce so long as they are in default of this s.78 request.
Read the templates for the full and current guidance regards this.
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 have to ask, 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:
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. As such, I look forward to receiving the documentation requested, within the next 14 days.
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.
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. As such, I look forward to receiving the documentation requested, within the next 14 days.
Templates of relevance here ---> allaboutDEBT | Unenforceability Templates | Section 3 - Additional Requests to Comply
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