What's the worst thing that can happen! UE diary

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Thanks In 2 Deep, but the Missing Prescribed Terms letter sent on 28.05 was sent to Link, as per the advice on this thread as they were the last ones to write to me.

Any ideas?

[Deepie]

Re: What's the worst thing that can happen! UE diary

Thanks In 2 Deep, but the Missing Prescribed Terms letter sent on 28.05 was sent to Link, as per the advice on this thread as they were the last ones to write to me.

Any ideas?

In that case I Would send this-----> Final Response - Unenforceable (CCA Received)

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account four
MBNA

Type: Credit card

Start: 1998

Balance: £4100

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Link Financial Outsourcing

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfills their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'
30.05 Letter recived from IDR/Link, stating the same content as per their letter dated 08.05. I will ignore, and presume it's just the level of their incompetence that I will have to get use to. I will await their correct response - if any - to my Missing Prescribed Terms letter sent on 28.05
12.06 Letter received from Link, further to my request made under s78. They enclose a copy of the executed CCA, a copy of the Terms and Conditions, and a copy of the Terms and Conditions at termination/assignment; and a statement regarding account conduct. The final statement has no date, states the balance of £4100ish, states the account has been terminated and additional sums and court costs etc.
25.06 Final response - unenforceable CCA received letter sent

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account four
MBNA

Type: Credit card

Start: 1998

Balance: £4100

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Link Financial Outsourcing

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfills their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'
30.05 Letter recieved from IDR/Link, stating the same content as per their letter dated 08.05. I will ignore, and presume it's just the level of their incompetence that I will have to get use to. I will await their correct response - if any - to my Missing Prescribed Terms letter sent on 28.05
12.06 Letter received from Link, further to my request made under s78. They enclose a copy of the executed CCA, a copy of the Terms and Conditions, and a copy of the Terms and Conditions at termination/assignment; and a statement regarding account conduct. The final statement has no date, states the balance of £4100ish, states the account has been terminated and additional sums and court costs etc.
25.06 Final response - unenforceable CCA received letter sent
28.06 Two letters received today. Both dated 25.06, so neither are in reply to my letter of 25.06 regarding unenforceable CCA. One is from IDR and is their standard letter of 'you owe us, call us etc.' and the second is from Link, a sheet showing all my transactions to them from 2008 onwards. This according to them is 'as requested we enclose copy statements that show transactions on your account.'

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case etc.

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Thanks for that Flowerpower, I hadn't seen it.

It's good to have official confirmation from the OFT, as I await to see what the ICO's response is.

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...
16.07 CapQuest letter received, dated 13.07.12, stating that my letter has been passed to their client who have responded to CapQuest saying it has been 'passed to the relevant department.,

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...
16.07 CapQuest letter received, dated 13.07.12, stating that my letter has been passed to their client who have responded to CapQuest saying it has been 'passed to the relevant department.'
21.07 Capital One reply with yet another letter from Liam Quegan stating their position of no signature no CCA. He has conveniently chosen to ignore the ICO situation in the reply.

[Paul.]

Re: What's the worst thing that can happen! UE diary

Goodman –v- J. Eban Limited [1954] 1 QB 550 (High Court authority on signatures)



Ok its in the context of a bill of costs, but the High Court held that the signature by using a rubber stamp was sufficient.


http://www.martinhowe.co.uk/pubs/legal/esigs.pdf


If you check that link above it explains about e signautres etc

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Many thanks Paul.

I've downloaded the .pdf file and will use this with Mr Quegan!

[Paul.]

Re: What's the worst thing that can happen! UE diary

Many thanks Paul.

I've downloaded the .pdf file and will use this with Mr Quegan!

the PDF is in the context of Esignautres on electronic documents, but there may well be some helpfull stuff in there

if you google the case i refered to then it may also assist

[CharlieH]

Re: What's the worst thing that can happen! UE diary

I will look at the elements of Goodman –v- J. Eban Limited, together with the ICO complaint and the OFT's confirmation that their is no statutory requirement to supply a signature for a CCA request a per BillyTommo's posts.

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...
16.07 CapQuest letter received, dated 13.07.12, stating that my letter has been passed to their client who have responded to CapQuest saying it has been 'passed to the relevant department.'
August
06.08 Letter received from the ICO, stating that they can not act on my request for my CCA from Capital One, see post 74 by Niddy, even though my complaint is over Capital One's Data Protection Policy interpretation?!?!

[CharlieH]

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates


2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...
16.07 CapQuest letter received, dated 13.07.12, stating that my letter has been passed to their client who have responded to CapQuest saying it has been 'passed to the relevant department.'
August
06.08 Letter received from the ICO, stating that they can not act on my request for my CCA from Capital One, see post 74 by Niddy, even though my complaint is over Capital One's Data Protection Policy interpretation?!?!
October
11.10 Letter received stating that the account is no longer being managed by the Debt Management Agency acting on behalf of Capital One.