my 1st cap one card

[thekat1979]

There is a reference number of the CapQuest letters but it doesn't look like anything Cap1 have used, like an inhouse (for CapQuest) reference which Cap! wont recognise.

[thekat1979]

Hang on...just looking over the CapQuest letter again, one of the refs looks like it MIGHT be my card number...

[dx100uk]

1.yes but i'd send a po to cap1

2.no include a utils bilsl for now and then

 

it matters not , you have no details of the account etc

 

sar is by person, not account.

 

dx

[ims21]

So are Cap1 sending you e-mails with no account references?

 

In any event, your address history should suffice

 

ims

[thekat1979]

I MAY have found the cap1 CC number on a letter from CapQuest...the ref is 16 digist long and looking though and e-mail it may be the same as my CC number. YAY!

 

I will go for postal order but that means waiting until next week instead of tomorrow until I can send the request...never mind, I think over Christmas a few days here or there wont matter.

[dx100uk]

can i suggest something please

 

i've just merged lots of threads on the same debt

 

and also notice you have lots and lots of others threads

on diff debts

 

please keep to ONE thread per debt

and refrain from making a new thread each time you have a new issue with a creditor.

 

it makes life alot easrier for those advising to see the history and the already given advise

else you are just wasting peoples time

 

 

dx

siteteam

[thekat1979]

Right think I'm sorted. thanks for the merge...was getting confused thinking the SAR question (who could write cheque) should be somewhere else...

 

So, as I NOW see it:

 

I can write to Cap1 giving them the address they DO have for me, but asking for future correspeodnece to be sent to new address.

 

To prove it, I could send a util bill (which may be hard as all util bills are in OHs name, or if in mine are paperless), only have bank statements to 'prove' I live there but don't want them to see them as goodness knows what they will do if they see my bank details!

 

It would be best to send a PO to pay for SAR, which will delay WHEN I can do the SAR, but will be better overall.

 

I had prepared a letter - from templates - after they asked for a signature for them to still need to provide info. Is it worth still sending that to them? My plan was to send that to CapQuest, and tell them that with no Credit Agreement, they had no right to be chasing me for the debt. Am I right in thinking that IF they are acting on behalf of Cap1 and not that they have bought the debt, that they still have to request the appropriate documents from Cap1 to keep pestering me? the fact they are in-house (or claiming to be at least) does not absolve them from their responsibility does it?

 

Anyway, hope I'm - finally - getting there. I was on top of all this stuff a few years ago, and knew what it was I needed to do or get done, but now it feels like wading throgh treacle!

[thekat1979]

Just for info - the Cap1 stuff at the beginning of this merged thred is NOT the same Cap1 issue being dealt with now...just to avoid confusion is all...I do appreciate the help.

[dx100uk]

ok thekat

 

sorry for that

i've split them back

 

for your ref i've renamed this thread capital one card debt

 

let us know if we can help you further.

 

dx

siteteam

[Jam_Buttie]

I've just had my £1.00 PO returned and had the same letter sent to me tha twas posted on page one here.

 

I'll send letter direct to Cap1 with a copy of CapQ letters...

[citizenB]

No actually, they DO NOT need the request to be signed. A printed or digital signature is acceptable. Send the postal order back and ask them where it states that you need to sign the CCA request.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?433-Debt-Letter-When-company-refuse-CCA-due-to-no-signature

 

Send them the letter from the link above.

[dx100uk]

Select committee on Trade and Industry minutes of evidence

 

(1996 Legislative working party)

 

 

 

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

 

 

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

 

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

 

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

 

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

 

 

Goodman v J Eban Ltd (1954)

 

 

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

 

 

So now taking the highlights above I go to:

 

 

 

Interpretations act 1978

 

 

 

Schedule 1

 

 

1973 c.37.

 

 

 

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

 

 

 

Also;

 

 

 

[/i][/b]

 

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.

 

 

 

 

 

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

[thekat1979]

Bit of an update.

CCA request sent mid december, got a letter telling me to contact capital one complaints department about this, then all went quiet for thre weeks.

 

Now had 2 letters in a week stating they are gonig to take me to court - they are very much in breach of my request.

 

I am about to send an ACCOUNT IN DISPUTE letter, but wanted to add on that I want them to stop processing my data but cannot for the life of me find the template I need.

 

Are we still able to do this?

 

If so could someone please send me in the right direction. Many thank,

[dx100uk]

scan up those letters...

 

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[thekat1979]

Got a letter yesterday from them stating that they DID respond to my request by telling me to contact C1 complaints so they could deal with my dispute directly. It is written in a box with a tick next to it, so assume it is part of a pro-forma letter.

 

Am I right in thinking that if they are chasing me, I make the CCA request to them, and they have to then ask for C1 for it? I don't know what to say to them next If they are unable to provide me with the documents I asked for then are they allowed to keep chasing me? I am away from my scanner tonight, but I will scan the letters I have tomorrow.

 

Thanks for the help

[dx100uk]

i'd ignore everyone till you get that SAR back

 

they can do nowt to you

 

dx

[thekat1979]

Got a letter from CapQuest today stating that because I haven't agreed a payment schedule with them, that they are instructing ScotCal to come and do a doorstep collection I have already sent them a letter stating that the account was in dispute and I would make complaints to places (I did name then lol but cannot think of them right now ). They said they DID respond, by telling me to go to capital One complaint to ask for the documents I wanted. They said because of that, they would carry on doing what they are, which is now to send a doorstep collector.

 

Any advice very gratefully received.

[dx100uk]

big deal

no doorstepper has any legal powers

dx

[thekat1979]

I'm just extra worried as both myself and my partner are blind and I have serious mental health issues, so cannot tell if a person is someone I am exepcting, or someone I want to tell to go away until they have started talking and told me who they are Getting very scared to answer the door

[dx100uk]

ok well the bottom line is here that you are classed as vunerable

 

even legitimate bailiffs MUST immediately cease all actions forthwith once they are made aware.

 

the sad part of this is any DCA doorstepper has NO recourse to any guidelines

as they should NOT be calling anyhow, that's already against guidelines

they must make an appointment with you.

 

just be sure in this knowledge....

 

NO-ONE can legally enter your property and you can claim serious compensation

should they.

 

the publicity and the latter public outrage would be huge.

 

dx

[citizenB]

I'm just extra worried as both myself and my partner are blind and I have serious mental health issues, so cannot tell if a person is someone I am exepcting, or someone I want to tell to go away until they have started talking and told me who they are Getting very scared to answer the door

 

I wonder if it would be worth you telephoning your local T/S and make them aware of the situation ?

[seanamarts]

Do you or your wife have any home help.

 

You could always place a note on the door stating that you do not accept visits unless an appointment has been made beforehand.

[thekat1979]

I SAR'd C1 in January.

 

Got a letter today stating that because I didn't sign my request, they were not going to comply (they did acknowledge payment).

 

They say if I don't want to send them my signature then I can send them a copy of my passport or driving license (I have neither), or ring them to confirm my identity.

 

They say they are using section 7, subsection 3 .

 

They then state that their 40 days does not start until they receive my signature.

 

Also, just a side point, but I'm not sure why they need to see my signature as a way of prooving it is me as they have never had a copy of my signature,

my application was done solely online, with an 'electronic' signature.

 

 

I don't want to blindly take what they say so was after some advgice about what I do now.

 

Thank you

[dx100uk]

i would politely tell them you did not sign anything

 

it was done online

 

can you please explain why you wish a signiture to compare with something that you cannot already have as this was an online app;lication

and i have NEVER given you my signiture?

dx