Reduced Payment Arrangement

[Mac1411]

Hi
Wonder if anyone has any advice. Have been in an arrangement with Cap1 paying off £5 per month for 2 years, all goine Ok. Now I have received a letter saying the arrangement has come to an end together with an income/expenditure form-OK. however they are also asking for a copy of a recent letter confirming my benefit (jobseekers) how much and payment frequency. They are also asking me to send them copy of a bank statement showing receipt of income and general living expenses. I hhones them today and they confirmed that they need to see if I am getting any other income and what I am spending. Should I be sending such a bank statement containing my personal details as they will already have it on the income/expenditure form? I find this very strange, any advice.
Thanks

[citizenB]

No, absolutely not. Get in touch with one of the Debt counselling agencies, CCCS, National Debtline, CAB. Get them to help you do an Income and Expenditure summary. Cap 1 have no legal authority to request those documents and you are under no obligation to send them.

You really shouldnt speak to them on the phone either unless you have some way of recording what is said. Keep everything in writing that way you protect yourself

If they contact you again by phone. Tell them you are having one of the Debt counselling agencies to help you set up a plan. xx

[Mac1411]

Thanks Citizen for your advice, this is different from anything they have done before, I have a feeling that they want to default the account to sell it on.

[citizenB]

Very probably. Good luck. Keep your thread updated and others will pop in and give you advice as well.

[Mac1411]

OK Will do, when I phoned the options were a bit of a giveaway 'Press 1 if your account has been returned to us by a debt collection agency, Press 2 for all other enquiries'!!!!

[citizenB]

[Mac1411]

I will ring CCCS tomorrow, they helped me with this repayment plan a while back, thanks for your advice.

[ukaviator]

Also Mac, send off for an S.A.R. (Subject Access Request) for all of your data they hold on you. I bet there are a lot of charges there you could claim back. It costs £10, not £10 per sheet. Send in a postal order for this amount with your request.

The address to send it to is here:

Data Protection Act request address

Legal Compliance Specialist
Capital One Bank (Europe) plc
Trent House
Station street
Nottingham
NG2 3HX

I have left some links below for you.

[Mac1411]

Thanks UKAviator, i have sent back my income details with only the entry on my bank statement for their payment and my Jobseekers payment thats all i will see what they come back with but I feel they will want to offload the debt so I will Subject Access Request them before they do, I have been reading some very interesting threads on here about Cap1 - thanks for your links as well.

[ukaviator]

You're welcome, keep us posted. . .

[Mac1411]

Hi, I have an update on this one. received a letter from Cap 1 today asking them to ring them, I did so (using a friends mobile - i dont have a phone, they hate that!!). They are still insisting I send them a full months bank statement and that this is their 'policy and procedure'.
Afterwards I rang CCCS who said that this is not correct and that I should write to them to complain. I have prepared a letter of complaint saying that their request is unreasonable and an invasion of my privacy etc and giving them 8 wekks (CCCS suggestion) to respond. I have confirmed I will continue to make payments and that until this matter is resolved no further action should be applied to the account (wishfull thinking on my part). If they still insist on a statement or fail to respond to my complaint I will refer it to the financial ombudsman. Do you think that this is OK? Does anyone know if they are breaching any codes of conduct in requesting this information? Also is it time for CCA/Subject Access Request from them.
Any advice/suggestion would be appreciated.

[citizenB]

Originally Posted by Mac1411

Hi, I have an update on this one. received a letter from Cap 1 today asking them to ring them, I did so (using a friends mobile - i dont have a phone, they hate that!!). They are still insisting I send them a full months bank statement and that this is their 'policy and procedure'.
Afterwards I rang CCCS who said that this is not correct and that I should write to them to complain. I have prepared a letter of complaint saying that their request is unreasonable and an invasion of my privacy etc and giving them 8 wekks (CCCS suggestion) to respond. I have confirmed I will continue to make payments and that until this matter is resolved no further action should be applied to the account (wishfull thinking on my part). If they still insist on a statement or fail to respond to my complaint I will refer it to the financial ombudsman. Do you think that this is OK? Does anyone know if they are breaching any codes of conduct in requesting this information? Also is it time for CCA/S.A.R - (Subject Access Request) from them.
Any advice/suggestion would be appreciated.

They are definitely breaching OFT Guidelines. I would go the Subject Access Request route, you can specifically request a copy of the agreement in with that. On top of which you will receive all your statements whereby you can see any charges/late payment fees applied which you can then claim back. But I would get in quick with this if you feel it is their intention to pass you over to a DCA. They have 40 days in which to provide you with the information requested, but you must include a £10.00 postal order. Point out that the £10.00 is not to be used for any other purpose.

You might find Trading Standards a better option in the first instance should they continue to harrass you for the statement.

[Mac1411]

Cheers for that Citizen, I will do both then complain and Subject Access Request
Thanks

[citizenB]

Here you go mac, this link will take you to the Subject Access Request letter generator.

Data Protection Act - Subject Access Request Generator *** New ***

Good luck

[Mac1411]

Citizen, that generator doesnt work, any idea where I can locate the template letter? And also will the address to send it be the same as their letters? (PO box 5282 Nottingham?)