Miss Pickles V Cap One

[misspickles]

I would like to claim against capital one, but my account was closed 5 years ago. I know I am still entitled to my info, however I have since changed address. Can anyone advise me how to tackle this obstacle in order to prevent Cap one using it as an excuse and a delaying tactic? I thought to request my old info I should include the details of my old address, but also include a copy of my driving licence to prove I am who I say I am at my new address? what do you think? Ive read loads of threads but cant put my finger on the answer to this one . . . .

[davisc02]

I think you've pretty much answered it, give them details of your old address and a copy of your passport or driving license etc and make sure you send recorded delivery, I sent here and got an acknowledgement back in a few days..

Capital One Card Services
PO Box 5281
Nottingham
NG2 3YJ


Hope this helps

[misspickles]

thanks! will do! much appreciated!

[sharmal]

I think you have just about got it right there. I got a leter from Cap 1, I have been away and they are very close to deadline to give me Data ProtectionAcess Request. They said it would be in the post. Only got two days left, to get it to me. They do seem to be a bit confused though. I am getting mail from 3 different departments at the moment.

[misspickles]

Data Protection Act SENT TODAY . . . . . . . 40 DAYS TO GO! Am very excited about this one, it is from a 5 years ago, when I had money, they charged me for paying one day late and then that pushed me over my limit so they charged me again, I was so outraged that I cancelled my card and paid up in full when they refused to refund, bet they thought they'd seen the last of me! ha ha! (imagen it more as an evil laugh echoing around with the bank staff looking at me in terror)
Miss P

[misspickles]

Well now I know why people are calling them crap one, received this reply today

'thanks for your request . .bla bla . . unfortunatly the account number you provided is for an account not in your name so we are unable to process the request . . . .

NOW HOW MAD AM I!?!
Firstly i did not send them an account number, I sent them ny name and address history as it is an old account and I have no details for it so how on earth can they say that i provided them with a number that matched someone elses details?
Secondly did not return my postal order or the photocopy of documnets i sent.
So what can I do? Im thinking, resend my original request, point out the errors in the reply, include a copy of the entry on my credit file which clearly shows I held an account . .
Or should I just ring this Katherine Blunt up?
MAD AS A MAD MANS MAD HATTER

[misspickles]

Ok, am sending the letter below, If any probs with it feel free to comment!


Data Protection Act 1998: Subject Access Request

I refer to your letter dated the 14th August.

I am very unhappy at your response. You clearly have not read my letter correctly or given it due care and consideration. I have included a copy of the letter, with another copy of my identification, as I notice that you did not return this to me.

You state in your letter that the account number I provided was for an account not held in my name. Please note that actually I did not include an account number in my request. Due to the account being settled on the 12/03/2001 I do not have the account number, and instead sent you my address history along with identification in order for you to identify my account. On this occasion I have also enclosed a copy of my credit file, on which the account I’m referring to is recorded.

With all this information available to you I am confident that you will be able to locate, and provide me with the details of my old account. Please note that under the Data Protection Act you are require by law to supply me the said information within a 40 day time period. May I also remind you that this period runs from the original request. Therefore the data is required to reach me by the 16TH September.

Please also find enclosed the £10 fee payable under the Data Protection Act.

Your prompt response resolving this matter would be appreciated.

Yours sincerely
Miss Pickles

[misspickles]

OK guess what . . .received the same reply to my letter today that I received 2 weeks ago .. . . . .very very very ****ed off . . . how thick can these people be!!!??? I mean my god if they cant even understand a letter a locate a file and yet they have a licence to issue billions of pounds of credit! So have writted the letter below and will be sending first thing tomorrow . . .need to let my frustration out . . . so here it comes . . rrrrrrrrrrrrrraaaaaaaaaaa aaaaarrrrrrrrrrrrrrrrrrrr aaaaaaaa!!!!!!!!!!!
Ah. thats a little better.

Dear Miss Blunt

Data Protection Act 1998: Subject Access Request


I refer to your letter dated the 1st September 2006.

I am extremely frustrated at your response. You clearly have not read my letter correctly or given it due care and consideration. I find it absolutely ridiculous that a large financial organisation such as yourselves cannot simply locate a file. Am I to assume that you are this careless with your current customers data? I have provided you with more than enough information to fulfil my request. Short only of actually coming to the building myself I am exasperated of what else to do.

I appreciate that it is an old account. I appreciate that it may take a little more effort than normal to locate the information. However I also appreciate that you are a large multinational corporation with dedicated departments and numerous staff available to facilitate such requests. Thus I am convinced that following this third request for my information that you will be able to locate my information and thus fulfil your legal obligations and prevent being investigated by the Information Commissioner.

You state that I am requesting information for which I was the second Cardholder, I Cannot make it any clearer that I am not requesting information of an account of which I am a second cardholder. I am requesting information of an account that was HELD BY MYSELF IN MY NAME AND THUS THAT IS WHY IT APPEARS ON MY CREDIT RECORD.

In 2002/2003 I did indeed act as a second cardholder to my brothers card. The request I am making is reference to an account I held with yourselves 2000-2001 (2 years earlier!) NOT MY BROTHERS CARD. However let me repeat I AM REQUESTING INFORMATION OF MY ACCOUNT WHICH STARTED 09/05/00 AND WAS SETTLED 12/03/01. THE CREDIT LIMIT ON THIS CARD WAS £400 THIS ACCOUNT WAS SETTLED BY A CHEQUE PAYMENT WHICH YOU CASHED ON 6/03/01.

During the time of holding this account I attended university. In case you have it under my university address (Which seeing as it is on my credit file as my mothers address I would find it highly unlikely) I have also now enclosed my university address. I have also enclosed
A COPY OF MY CREDIT FILE WHICH PROVES I HELD AN ACCOUNT WITH YOURSELVES IN MY NAME REGISTERED AT MY THEN HOME ADDRESS.
A copy of all my letters to you.
Two copies of identification.
The £10 fee payable under the Data Protection Act.

With all this information available to you I am confident that you will be able to locate, and provide me with the details of my old account. Please note that under the Data Protection Act you are require by law to supply me the said information within a 40 day time period. May I also remind you that this period runs from the original request. Therefore the data is required to reach me by the 16TH September. Can I also remind you that failure to supply this information will result in court action ordering you to do so, and also will include any damages awarded at the discretion of the court.

I expect to receive my information by the 16th September. I do not expect to receive another standard letter from yourselves in which you claim that I am asking for information of an account not in my name. If you still say you do not have my information then I expect a detailed account of why your company has decided to put account information on my credit file of an account that you are effectively saying I never held.

Yours sincerely
Miss P x

[misspickles]

ok update on this . . .didnt receive my info so sent 7 day non compliance letter and guess what . . .received my info!
hhurraahh! at long last!
And for all that effort I discovered . . .wait for it . . .£60 in charges!
Pre Lim going of tomorrow!

[Lager_Lou]

It amazes me at the inefficiency of these financial instituitions! For £60 I hope they pay up quickly - bet my granny's flase teeth they don't.......

[misspickles]

Lou - it gets better than that . . .they have completely ignored me! so LBA sent off . . . roll on 14 days!