In Pursuit of Justice

Letter 7 - When Debt Collector/EE refuses CCA due to no signature

Mr Joe Blogs
12 Unhappy Road
W5 9PH


The Disclosures Team,
Everything Everywhere,
Hatfield Business Park,
AL10 9BW

7 May 2013


Dear Sir/Madam,

Reference No: 786113


Re: A Account NO (Mr Joe Blogs, 12 Unhappy Road, London,

W5 9PH)

I am in receipt of your letter dated xx/xx/xxxx in which you say that you will not comply with my request dated xxx 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 the 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. The time to confirm my identity was before you sent your first threat letter. 

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