BillyTommo's UE Diary

[billytommo]

Re: BillyTommo's UE Diary

I emailed the OFT as recommended on here. They replied basically sending me a link to read:

OFT consumer guidance on Section 77-79 of the Consumer Credit Act (October 2010) - The Office of Fair Trading

Basically this just told me nothing new. What it didn't tell me was whether or not they can demand my signature. I emailed them back thanking them but reiterating what I was after. Yesterday they responded with confirmation that a signature is not required, what we all know but it has now been confirmed by the OFT. Below is a copy of the email:


Ref: XXXX/XXXXXXXXXX

Dear XXXXXXXXXXXXXXXX

Re: Demand of Signature by Creditor

Thank you for your further email of 03 July 2012 to the Office of Fair Trading (OFT).

I have again liaised with the credit team who have provided the following guidance.

Section 78 of the Consumer Credit Act requires a creditor to provide a debtor with a copy of the executed agreement (if any) on payment of a fee of £1. Section 78 does not require that such a request be signed. The creditor would need to be able to ascertain that the request had been made by the debtor and therefore a signature may be one means of trying to ensure that it does not disclose details of the credit agreement to anyone other than the debtor, which may amount to a breach of Data Protection principals.

I hope this information proves helpful.

Yours sincerely

Mariam Sharif
Enquiries and Reporting Centre

I will now respond to NW's latest garbage! I'll keep you all posted.....

[Pixie]

Re: BillyTommo's UE Diary

That's very useful information.

Thanks billytommo.

[ScabHunter]

Re: BillyTommo's UE Diary

which may amount to a breach of Data Protection principals.

Does it really say “which may amount to a breach of Data Protection principals”???

Who are the Data Protection principals? The Indolent Commissioner and who else? How are we supposed to breach them? Pull their trousers down in the middle of the High Street?

If those who issue the licenses of this God-forsaken industry cannot even speak the language of the country in which they are supposed to have authority, what is the chance that they will ever do anything about cleaning up the ever-worsening mess over which they preside?

Ora pro nobis.

SH

[billytommo]

Re: BillyTommo's UE Diary

Does it really say “which may amount to a breach of Data Protection principals”???

Who are the Data Protection principals? The Indolent Commissioner and who else? How are we supposed to breach them? Pull their trousers down in the middle of the High Street?

If those who issue the licenses of this God-forsaken industry cannot even speak the language of the country in which they are supposed to have authority, what is the chance that they will ever do anything about cleaning up the ever-worsening mess over which they preside?

Ora pro nobis.

SH

That text was copied and pasted directly from the email I received. To be honest I never noticed that but I just got the jist of the email and not the grammatical content. It doesn't surprise me, though. It winds me up no end to be honest; things like "I should of done this/that" Arrggh! "I got a new car, init" !!! The English language is going to the dogs. The powers that be are just letting it get bastardised. And don't even start me on Americanisms....."Come see me play football" Erm, that should be come AND see me play football because there are two verbs there. Anyway, I digress, none of this alters the fact that the OFT have confirmed that a signature is not required in order to provide the requested information. Merely that they are satisfied that they are communicating with the person they want to communicate with. I'll keep you all posted and I hope it helps others because, of course, this information can be quoted to any organisation who try the same trick

[billytommo]

Re: BillyTommo's UE Diary

I obviously need to draft a letter to NW but I was just wondering whether a 'Niddy Special' is in order to include the quote from the OFT or do I just do my own? Niddy, are you reading this?

[Undercover Elsa]

Re: BillyTommo's UE Diary

I wonder if you'd get a straight answer from the OFT if you emailed them with a query re supply of signature? Make it a general query rather than pertaining to a particular case..you could then directly quote them to shut these eejits up.

Glad to see it worked, Billy. Well done on pushing for an answer too.

See what Niddy says, but if it was me I'd send something on the lines of:

Dear Sirs,
With reference to your continued insistence that I provide a signature before you will proceed with processing my request under s.77-79 of the Consumer Credit Act 1974, for a copy of the above referenced agreement, I have been in contact with the Office of Fair Trading.
The OFT confirm, as I have stated in my previous letters, that there is no Statutory requirement to supply a signature with a CCA s77-79 request.
I quote their response for your present and future reference:

Re: Demand of Signature by Creditor

Thank you for your further email of 03 July 2012 to the Office of Fair Trading (OFT).

I have again liaised with the credit team who have provided the following guidance.

Section 78 of the Consumer Credit Act requires a creditor to provide a debtor with a copy of the executed agreement (if any) on payment of a fee of £1. Section 78 does not require that such a request be signed. The creditor would need to be able to ascertain that the request had been made by the debtor and therefore a signature may be one means of trying to ensure that it does not disclose details of the credit agreement to anyone other than the debtor, which may amount to a breach of Data Protection principals.

I hope this information proves helpful.

Yours sincerely

Mariam Sharif
Enquiries and Reporting Centre

I reiterate that as you have been pursuing me for this debt at this address for some time, without questioning whether you have the right subject, there is no valid reason for suddenly making an about turn and querying my identity.
If my correct identity is an issue for you, then I suggest that you cease forthwith from pursuing me for this debt until you are sure of your facts, as prescribed in the OFT Debt Collection Guidelines, and to comply with Data Protection Principles.
If, on the other hand you are satisfied as to my identity, as evinced by your ongoing correspondence with me to date, then I would be most grateful if you would process my formal request without further delay.
Further refusal will not removal your obligations under s77-79 and will be reported to the Office of Fair Trading.
This account remains in dispute until you comply.

[pepe2008]

Re: BillyTommo's UE Diary

Thats just about what I put, but I was a little more direct !

Should do the job though. Lets hope they decide to Compensate you too !

[billytommo]

Re: BillyTommo's UE Diary

I'd settle for them admitting they can't find the agreement. As anyone who has read the thread would know I took two cards out at the same time. They have admitted to not being able to find one of them but are playing silly buggers with the second one. The mind boggles

[Never-In-Doubt]

Re: BillyTommo's UE Diary

we have templates for this....

---> allaboutDEBT | Unenforceability Templates | Section 3 - Additional Requests to Comply

[billytommo]

Re: BillyTommo's UE Diary

I've sent a few of them already though Niddy. I thought that it was time to sent a bespoke letter quoting the response I have had from the OFT via email. What is your opinion?

[billytommo]

Re: BillyTommo's UE Diary

I Would send this to Newmans if it was me------->Account Sold whilst in Dispute

This is my Amex account, about which I sent the Account Sold whilst in Dispute letter on the 19th June. I received a letter advising me that Newmans were changing their trading name to Transcom. Then today I received a Notice of Legal Action letter. I don't know if I should respond to this one?

[billytommo]

Re: BillyTommo's UE Diary

Here you go (hopefully!) It is a mobile phone scan because my scanner isn't setup on my laptop. If there is any problem with the scan then I can do a proper one.

[billytommo]

Re: BillyTommo's UE Diary

I sent that back in March!!

[billytommo]

Re: BillyTommo's UE Diary

Just received a letter from Keynes Collections regarding my Barclaycard account. Basically it is saying about seeking a judgment through County Court and giving me 7 days, etc... Anything?

[billytommo]

Re: BillyTommo's UE Diary

Transcom: Yes, under their previous guise as Newmans. Same address just change of name I think.

Keynes: Will do. Thanks