Rizel23 vs M&S

[rizel23]

Rizel23 vs M&S

 

Well M&S have replied today requesting my signature, what a surprise, i have attached there letter, can anyone please advise on my next steps and letter to reply with, all i want is a true copy of my agreement!

Edited June 19, 2009 by rizel23
seperate threads

[rizel23]

Rizel23 vs M&S

 

far to small, here's links to larger;

 

http://i43.tinypic.com/29fpg8z.jpg

 

http://i44.tinypic.com/121pv93.jpg

 

thanks

Edited June 19, 2009 by rizel23
seperate threads

[rizel23]

can anyone please advise? thanks

[rizel23]

could i modify this that cerberusalert posted on another thread?

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my Subject Access Request, may I bring the following to your attention;

 

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request,

 

Yours,

Print name do not sign.

Page not found

http://www.consumeractiongroup.co.uk...1&d=1242456802

[cymruambyth]

Hi rizel, I thought you had only requested a CCA, not a SAR. If this was the case, send this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature-. They only have 12 + 2 days to comply.

If you did request a SAR, I believe they can request your signature; there are 2 responses to this, either say you have been communicating with this address blah blah blah, or send a modified signature that you know you have never used or with lines though etc.

[rizel23]

many thanks cymruambyth, its all very new to me this and trying to learn as i go, didn't expect that letter from M&S.

 

Anyhow, just to confirm i have NOT sent a SAR yet, i just saw you posted that letter template on another thread and thought i could modifiy it for my CCA request.

 

Thanks again for posting correct letter, i shall post first thing recorded tomorrow!

[saintly_1]

Posts moved to a thread of their own

[rizel23]

well i sent M&S this on the 12th June;

 

Thank you for your letter dated 09/06/2009 in which you say that you will not comply with my request dated 02/06/09 under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

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.

 

My request for a true copy of my credit agreement under section 78(1) was made on 02/06/2009 and the 12 working days for your compliance expire on 18/06/2009. 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.

 

Please now comply with your legal obligation without further delay.

 

Regards

 

 

then after the 12 + 2 days from originally requesting CCA sent a letter in dispute ect.

 

They have now replied with this,

 

http://i40.tinypic.com/29mpykn.jpg

 

should i just sign it and send it back? thanks

 

(p.s sent recorded delivery from them as well)

[cerberusalert]

Send the idiots this;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my CCA request, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

If they still fail to provide it make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx

[rizel23]

Many thanks, it will go tomorrow, the lengths these credit company's go to to not issue simply paper work is getting beyond me, Barclays have just sent me T&Cs for the third time!

[rizel23]

OK M&S responded today;

 

 

 

so is what there saying that they will not send any data relating to my (alleged) account until they have my signature? Will make sending statements bit tricky won't it? Surely they can not make any charges to the account and not inform me, to which they are now saying they won't do till they have a copy of my signature?

 

Can anyone please advise on next step? Complaint to ICO i presume, should i send them a copt all all correspondence to them? do i need to sign my letter to the ICO? thanks

Edited July 16, 2009 by rizel23

[cerberusalert]

Yes make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx you can do it online.

[rizel23]

thanks cerberusalert

 

heres what they sent back (had to take down earlier as left some details on)

 

http://i28.tinypic.com/2usg21k.jpg

 

i shall fire off complaint tomorrow

 

many thanks for your advise!

[rizel23]

I have decided to post everything off so they have copies of everything, this is letter i have included, is it OK?

 

Dear Sir\Madame,

 

 

Complaint Against Marks & Spencers &More Credit Card

On the 2nd June 2009 I requested a true copy of the alleged Credit Agreement between myself and Marks & Spencer &More Credit Card. I feel I have followed the correct procedure in doing so. They are currently refusing to comply with my request and doubting my identity, for which I feel no valid reason for them to do so.

This company has been communicating with myself since 2006 at the same address and would therefore, I feel, have no reason to question my identity when requesting such documents. I’m also unaware of any legislation that requires a signature to release a CCA.

My reason for requesting such document is that I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. I also took the liberty of pointing out the ICO’s position on Data Protection Act Good Practice Notes in my final letter dated 2nd July 2009.

I have included all correspondence between myself and Marks & Spencer’s. I look forward to your reply in due time.

[cerberusalert]

Yes that's fine.

[rizel23]

all posted off yesterday, but the phone calls have started! lol

[rizel23]

well a lovely chap at M&S has sent me a letter today, ignoring there 2+ calls a day must be getting on there nerves ;-)

 

http://i26.tinypic.com/zx016o.jpg

 

i have drafted this reply, can anyone please check its OK and nothing wrong i have mentioned? cheers all you lovely folk!

 

 

Marks & Spencer Money

Kings Meadow

Chester

CH99 9FB

 

Dear David,Re:− Account/Reference Number:

 

I take note of your letter dated 25th July 2009.

 

I would strongly advise you to contact your customer services team. The above account is in dispute and awaiting clarification of an outcome from the ICO from my letter of complaint of Marks & Spencer’s lack of compliance with a Credit Card Agreement Request under Consumer Credit Act 1974 s77/8 (copy of the letter of acknowledgement of complaint enclosed)

 

Further more you should be aware that a creditor is not permitted to take any

Action against an account whilst it remains in dispute

 

The lack of providing me with an original signed copy of the credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

If the above continues while the account is in dispute I reserve the right to register additional complaints with the appropriate governing bodies.

 

I have also made clear in previous correspondence that all communication needs to be in writing only, this has not been the case with daily phone calls and I’m in view that this constitutes as harassment. Please find enclosed letter advising that further harassment via phone calls will be taken seriously from this date.

 

Regards,

[cerberusalert]

That's fine, but add that you require a copy of their complaints procedure.

[rizel23]

That's fine, but add that you require a copy of their complaints procedure.

 

Done

 

Thanks!

[rizel23]

well after 4 letters kindly adving me my account is over due M&S have replied to the above letter i sent on 25th July with this:

 

http://i31.tinypic.com/ka4syb.jpg

 

if they are so sure that its Legally Enforceable i have zero idea why they are kicking up such a fuss about sending me a copy of it, to date which they still say they will not do unless i give them a copy of my signature 'for security' strange how they don't mind continuing to send highly detailed account information to me without a a copy of my signature!

 

Should i even reply? Still waiting to hear back from ICO

[cerberusalert]

In that case take them at their word & make a complaint to the FOS.

 

contact us

[rizel23]

thanks cerberusalert, i shall save my postage for the FOS if i don't hear back from the ICO by next weeks end

[rizel23]

should i even bother replying? It seems i just get systematic letters sent out never the less;

 

http://i35.tinypic.com/2w1vd3b.jpg

 

thanks

[rizel23]

Well after many months of them saying required signature they finally agreed it was not a legal requirement and sent this application form;

 

http://i36.tinypic.com/281dfkk.jpg

 

http://i35.tinypic.com/2gslhfr.jpg

 

I think its invalid as it does not state a credit limit? Any help much welcomed, thanks, Sam

[rizel23]

can anyone please offer some help on this, thanks