liandconsmum's UE Diary

[CleverClogs (RIP)]

Re: liandconsmum's UE Diary

Clever clogs - I actually thought of signing it myself, as my handwriting is sooo completely different from DH's. But I'd rather go about it straight forward at the moment, as if it goes into court, I don't want to look like I was trying to deceive them or be difficult. Silly, I know, but there it is.

I would be interested to learn how you believe that refusing to give them a signature (which they do not actually need) might not be perceived as "being difficult".

All that they have requested is "a signature", without specifying whose signature.

[liandconsmum]

Re: liandconsmum's UE Diary

Because they are not required to have a signature, so simply advising them of that is not being difficult. Giving them someone else's signature could be construed as being misleading. It's being direct vs being deliberately misleading.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Because they are not required to have a signature, so simply advising them of that is not being difficult. Giving them someone else's signature could be construed as being misleading. It's being direct vs being deliberately misleading.

I would always say refuse to sign as much as possible as you already have them over a barrel based on the fact they're chasing you for a debt at your home address, which is also the debt from the OC servicing address - then when you ask for info they demand a signature? Ermm, ok - so they've already breached DPA in several places, so continue to refuse to sign.

As CC says though, in some situations it is best to get a mate to sign or download a font pack, and sign using that - it actually helps you, cos if that even then appeared on a document you would argue that exact fact in court, ie they didn't have an agreement otherwise they'd have sent me one, however when they demanded I sign I refused so they refused to send the agreement. When I gave in and signed using a friends handwriting, an agreement suddenly appeared sharing this signature thus the actions posed by the DCA prove they were out to deceive from the outset, with no original agreement - strike out please m'lord

I hope you get the drift, yea argue all you want but there has to be a time where you take action against them for their breaches, or they try and enforce the debt. Point is, refusal to sign does not quantify genuine dispute of the account so tread carefully....

Continue to refuse for now, refer them to the following (again):

For the final time, 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, to date you have happily sent statements and correspondence containing extensive sensitive private information to the same 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? Please answer this point in your reply, I'd like to know why.

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.

Taken from Signature Request - Formal Response

[liandconsmum]

Re: liandconsmum's UE Diary

As it stands right now:

MBNA - still waiting for SAR

Tesco - still waiting for SAR & CCA (as they insisted we asked for it again, so we went along with it LOL). No response back yet re the "no signature needed" letter other than "we're looking into it" and DCA has put it on hold.

Halifax - DCA seems shocked that there is some issue with account (UE), and has put it on hold while they look into it. Surprising, really, as we told them in the spring when they had this account before that it was UE. Ah, well.

Just waiting at this point. If no response soon from the SARs, then I'll follow up and see what the hold up is.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Yea, keep on top of things and chase if no response within the 40 days...

Good Luck

[liandconsmum]

Re: liandconsmum's UE Diary

MBNA - still waiting for SAR. Will check the date that I sent it and send reminder if needed.

TESCO - I have received the most rambling confusing letter from Wescot re Tesco that I have ever received. It includes the following:

- Tesco states they complied with your CCA request on 08 March 2011, which was passed to Robinson Way who were administering the account at the time (no mention that the original CCA request was in JULY of 2010! And no response to the fact that the CCA response was incomplete.)

- they have placed the account on hold while the client "investigates your SAR and no further letters will be issued to you in this time." (I'm awaiting the SAR with interest, as two years ago they couldn't find the file AT ALL when we questioned the PPI)

- an apology about a misdated letter, asking if I can send a copy of the misdated letter. (I did not say the letter was misdated - I said they sent me two letters stapled together for some unreason known - the same letter with 2 dates a week apart.) They are saying the letter shows it went out to us on the earlier date. Perhaps they are missing the point - the letter was re doorstep collections, which I have expressly told them will not be happening!

- at least they have confirmed that they hold no telephone number for us and any further correspondence will be in writing.

- they are saying they have now resolved my complaint. Not by a long shot they haven't. They haven't sent a complete CCA response, they haven't sent the SAR, and they're still holding out the thought of doorstep collection.

Back to the drawing board. I will put together an appropriate letter this weekend and send out next week in response. Something along the lines of "this complaint has NOT been resolved until the following have been completed: complete CCA, complete SAR including all PPI information, and an acknowledgement that there will be no doorstep collection attempt." And anything else I may have missed - will have to go through all the paperwork. Because as soon as I get the PPI and SAR info, I'm going to demand a reimbursement of the PPI. I still strongly suspect that Tesco has lost the paperwork, based on their comment 2 years ago that they couldn't locate the paperwork and the fact that they are being so dodgy about sending me anything.

[liandconsmum]

Re: liandconsmum's UE Diary

Letter completed for Wescot. Sending it off tomorrow. Now I just wait and see what paperwork they can come up with.

[liandconsmum]

Re: liandconsmum's UE Diary

I did receive the SAR from MBNA today. A quick glance through it shows they have sent practically everything except the kitchen sink! Although there are a few things that have been "lined out" in black marker, so we can't read them. Not sure what it is, but from looking at the stuff before and after it, it doesn't really seem that sinister.

It does have a 3 year gap, from the year the account opened, in which they didn't include the fees, interest, and PPI transactions, so I've written them a brief letter asking them to send that information as well. Other than that, I just need to sit down and go through it now.

[liandconsmum]

Re: liandconsmum's UE Diary

Tesco - letter received from Wescot, saying Tesco is insisting their CCA response complied with guidelines and if we don't agree, they want us to call them. Not likely. I'll WRITE to them. Apparently the whole "only contact by writing" is lost on them.

No response re the SAR, which they haven't sent yet.

And they have apologised for their error (which they were rather shirty about in their previous letter), since I sent them copies of the letters with the incorrect dates on them. They say they will "investigate further" into how it happened, which I assume means it will be folded nicely into a paper aeroplane and then will be aimed at the circular file across the room.

Anyway, account on hold for 30 days to allow us time to contact Tesco about their wretched CCA response. I'll mull it over and put together a proper letter to Tesco to send out next week.

That song keeps going through my head "right round baby right round, like a record, baby....."

[liandconsmum]

Re: liandconsmum's UE Diary

Upon reading through the most recent letters regarding our Tesco account, I can only conclude that Wescot and Tesco are not communicating at all. I received a letter from Tesco stating they were looking into my requests (CCA and SAR) and that there were some difficulties and would be looking into it. I received the letter from Wescot saying Tesco stated they had complied with CCA and weren't aware of any other issues dated the very next day. Odd. So I will be sending a letter to Wescot with a copy of the letter from Tesco. Left hand.. meet right hand....

[liandconsmum]

Re: liandconsmum's UE Diary

Another tale in the saga of Tesco...

Received a letter from Tesco today stating the following:

"I have now completed my investigation into the issues raised and regret to inform that while I understand the inconvenience this may have caused you I am unable to uphold your complaint.
The reason for this is as advised in our letter of.....in order for us to release any information we require the signed authority of the customer...
I am sorry that I cannot help you any further."

Where's that banging head against wall smiley?? Oh yes, there it is!!

So apparently all their to-ing and fro-ing has been because they did an "investigation" into their refusal to provide the CCA & SAR because there was no signature, which apparently required them extra time to investigate, and then they decided they were right after all. Even though they're wrong. And even though they've already released the CCA to us once without a signature (albeit after fighting it for literally 9 months!!!). And even though they regularly send paperwork to us with all sorts of account details at this address anyway.

But they're not sufficiently certain of who we are to send the SAR and CCA at this time without a signature.



Tesco is certifiably nuts. Without a doubt.

I think I shall put together my next letter stating that I would like to know precisely what prompted them to release the prior CCA without our signature (after demanding a signature for 9 months and not getting it) and see where it takes us. And of course, I'll cc in the DCA so they know what's going on. Perhaps if the DCA realises that they aren't getting ANYTHING until this is resolved, they will push Tesco to release the info.

[garlok]

Re: liandconsmum's UE Diary

Have you thought of sending them this:-

>Unenforceability Templates - Section 1

As they are demanding a signature.

Lowells Lemon Warehouse are trying a similar thing on with us and foolishly have tried to play hardball with our solicitors. I feel a very large damages claim along with a bugger-off special coming on.

Regards
Garlok

[garlok]

Re: liandconsmum's UE Diary

And you might like to think about this for the SAR nonsense they have come back with.

>Unenforceability Templates - Section 3

regards
Garlok

[oldyboy]

Re: liandconsmum's UE Diary

I've read in a previous post in your thread that you're not prepared to sign something with a made-up signature. I can fully understand your ethics on this but doing so might even help you should it get to court.

If anything got to court and an 'agreement' was produced with the made-up signature on it, then I think you can quite rightly accuse the claimant of fraud. You can easily prove your usual signature by producing ID such as a driving licence, and explain that you acted in this way for fear of such a forgery being produced that, if you used your usual signature, would have been difficult, if not impossible, to prove. A re-con might be one thing, but something with an obviously forged signature might swing it in your favour.

I have a made-up signature that I've used in all my correspondence. I've done this for the reason I've explained above. Basically I'm setting them a trap.

[garlok]

Re: liandconsmum's UE Diary

Oldboy is right! There are "electronic" signatures available on the internet and another certain site used to sell them. We have come across them on paperwork from Barclaycard and on two letters from solicitors practices who were threatening that the sky would fall in.

They were in blue "ink". I could not copy them, I could not scan them and even a digital photgraph did not reproduce them as they were on the original letter.

If your bank and their nefarious associates both in and out of the law are prepared to use such underhand methods why would you have a problem with signing in another way other than your own signature. These people are judging you, by doing this, by their own appalling standards. The law as such will stand by them not you and therefore you will have to use every weapon you can to succeed.

regards
Garlok