Extension of Thread 'Hello - Claim Form received from Northampton CC Business Centre'

**charitynjw** · 23rd January 2017, 10:14:AM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

Originally posted by Helpseeker02 View Post

Hi @charitynjw

I've been wanting to respond more fully ever since your last reply to me, but for some reason encountered problems.

I have had to start a new thread to get around it.

Basically, I'm not happy with the way the sols have responded, as they are focusing only on getting a signature from me. I do not trust their actions.

Thank you for sending the strip. Is it effective to use?
I can only say that I have used it on many occasions & have had no problems.

With regards to electronic signatures, I just wondered whether you were familiar with the eIDAS Regulations and/or the Electronic Communications Act 2000?

Rgds,
HS.

Could you clarify your query/concern regarding the quoted Regs & Act?

**Helpseeker02** · 23rd January 2017, 11:09:AM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

Originally posted by charitynjw View Post

Could you clarify your query/concern regarding the quoted Regs & Act?

Yes, sure.
I did a little research to find out if in law a typed signature is as valid as a handwritten one, and came across the above regulation(s) and act.

With eIDAS, they established electronic signature regulations where many countries and companies comply, including those in the legal profession.

With The Electronic Communications Act 2000, it confirms the legal status of electronic signatures (ss.7-10). Please see link here => http://www.legislation.gov.uk/ukpga/...0000007_en.pdf
Especially at Part II about electronic signature ~ "7.—(1) In any legal proceedings" which I believe maybe on page 7.

So my question is:
If these acts and companies offering this service to their business clients, are valid and viable for companies to use, then how is it that a business operating as a Solicitors are threatening to:

1. not acknowledge my letter sent to them?
2. nor provide a response?

They actually sent back my letter to me, without referring at all to my admonishment of using the CCA £1 Statutory fee as a payment and for requesting a discontinuance of their claim.

Regards,
HS.

**charitynjw** · 24th January 2017, 09:45:AM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

Hi Helpseeker

Apologies for the delay in responding.........internet problems!

They actually sent back my letter to me

How is the quoted 2000 Act applicable?

**wales01man** · 24th January 2017, 09:54:AM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

If the Solicitor refuses to accept an electronic signature what do you do take them to Court?

**Helpseeker02** · 24th January 2017, 14:57:PM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

Originally posted by wales01man View Post

If the Solicitor refuses to accept an electronic signature what do you do take them to Court?

Hi wales01man,

I have never come across this situation before, so I don't know.

**R0b** · 24th January 2017, 15:22:PM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

Not sure why you would want to take them to court, though in some circumstances there may be a reason if you needed the documents. But if they refuse to provide it within the prescribed period after sending the request, then the they cannot enforce the claim. ss77-79 whichever you use (as I read it), says that you must send the credit a request in writing, but does not specify that it must be signed. Crucially, it does say that a signed statement must be provided by the creditor and so if the CCA meant that the request must be signed in writing then it would have explicitly said so.

The legislation you referring to does indeed confirm electronic signatures as having legal effect for the purpose of legal proceedings (though I am inclined to think a CCA request is one under statute not legal proceedings per se). It also sets out the difference between simple and advanced e-signatures. Simple signatures being the name typed out on the bottom of the document or an advanced one would need to be complied with in accordance with the relevant provisions, though it does say that if advanced signatures don't comply with the requirements they shouldn't be denied their effect in legal proceedings.

Anyway, if you sent a letter to them which referenced the £1 fee for the request made under the relevant section of the CCA then by using for another purpose, they have wrongly appropriated the payment - their fault not yours and they just appear to be trying it on.

Regardless of the fact that they are demanding a signature from you, you could easily point out that there is no legal obligation to do so and you require them to refer you to the relevant section under ss77-79 state the requirement. Otherwise your request is recognised (even more so presumably if they have corresponded with you?) and their attempt to frustrate your request is unreasonable conduct to which you will refer the court to this letter when it comes to the issue of costs.

Wouldn't see any reason to get into a slagging match with them.

**Helpseeker02** · 24th January 2017, 17:15:PM

Re: Extension of Thread 'Hello - Claim Form received from Northampton CC Business Cen

Hi [MENTION=71570]R0b[/MENTION],

Thank you very much for your input and I must state that I am not looking to take them to court.

It has taken them 11 months to send me the 'first batch' of information, and there is still paperwork outstanding.

I agree with your comments about the Communications Act and I certainly don't want to get into a slanging match with them, as it is a distraction.

I will response to them accordingly.

Best regards,
HS.

Extension of Thread 'Hello - Claim Form received from Northampton CC Business Centre'