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I know that some banks (RBS being notable) bang on about signatures on any letter and especially CCA requests.
This little gem was provided by a member of another site and I thought it rather useful
Obviously a bit long winded but if you need to ramp up the pressure and are as stubborn as I am ....
This little gem was provided by a member of another site and I thought it rather useful
Selectcommittee on Trade and Industry minutes of evidence (1996 Legislativeworking party)
2.The working party looked at the legal issues regarding the termsdocument, writing, signature, instrument, and records of transactionsand originality. The Government's current proposed legislationfocuses particularly upon the issue of signature. The working partyconsidered the leading case in English law on signature methods,Goodman -v- J Eban Limited.
Thatdecision established that:
2.1mechanical signatures using rubber stamps, printing or typewritingwere valid in english law;
2.2a signature can be by a mark rather than a name as long as evidencecan be given to indentify the placer of the mark and the intention tosign; and
2.3words other than a name can amount to a signature if the necessaryintention to sign can be proven
Nowalthough this working party was looking into the Electronics CommerceBill it points to . .
Goodmanv J Eban Ltd (1954)
Asolicitor signed a solicitors bill with a rubber stamp whichcontained the name of the law firm. In the judgment it was determinedthat the rubber stamp was a valid signature, even theough theSolicitors Act of 1932 required a solicitors bill to be signed; itwas established that it is enough to demonstrate that the rubberstamp was affixed by the solicitor with the intention to sign thesolicitor's bill.
Sonow taking the highlights above I go to:
Interpretationsact 1978
Schedule1
1973c.37.
"Writing"includes typing, lithograpgy, photography or other modes ofrepresenting or reproducing words in a visible form and expressionsreferring to writing can be construed accordingly
Also;
[/I][/B]
DataProtection Act Good Practice Notes:
2.Do you have enough information to be sure of the requester’sidentity?
Oftenyou will have no reason to doubt a person’s identity. For example,if a person with whom you have regular contact sends a letter fromtheir known address it may be safe to assume that they are who theysay they are.
2.The working party looked at the legal issues regarding the termsdocument, writing, signature, instrument, and records of transactionsand originality. The Government's current proposed legislationfocuses particularly upon the issue of signature. The working partyconsidered the leading case in English law on signature methods,Goodman -v- J Eban Limited.
Thatdecision established that:
2.1mechanical signatures using rubber stamps, printing or typewritingwere valid in english law;
2.2a signature can be by a mark rather than a name as long as evidencecan be given to indentify the placer of the mark and the intention tosign; and
2.3words other than a name can amount to a signature if the necessaryintention to sign can be proven
Nowalthough this working party was looking into the Electronics CommerceBill it points to . .
Goodmanv J Eban Ltd (1954)
Asolicitor signed a solicitors bill with a rubber stamp whichcontained the name of the law firm. In the judgment it was determinedthat the rubber stamp was a valid signature, even theough theSolicitors Act of 1932 required a solicitors bill to be signed; itwas established that it is enough to demonstrate that the rubberstamp was affixed by the solicitor with the intention to sign thesolicitor's bill.
Sonow taking the highlights above I go to:
Interpretationsact 1978
Schedule1
1973c.37.
"Writing"includes typing, lithograpgy, photography or other modes ofrepresenting or reproducing words in a visible form and expressionsreferring to writing can be construed accordingly
Also;
[/I][/B]
DataProtection Act Good Practice Notes:
2.Do you have enough information to be sure of the requester’sidentity?
Oftenyou will have no reason to doubt a person’s identity. For example,if a person with whom you have regular contact sends a letter fromtheir known address it may be safe to assume that they are who theysay they are.
Obviously a bit long winded but if you need to ramp up the pressure and are as stubborn as I am ....
