Do i have to phone them?

[joroan]

I have an ongoing problem with Capital One, i wont go in to it, it will be far to boring! basically im over my credit limit because of charges they have added to the account, they have sent me notice of default i had written to them before saying that although i didnt agree with them i was willing to pay £50 per month to keep them from taking things further but i was only prepared to discuss it in writing (i have had bad experiences with thier call centre staff before)

They wrote back to me saying that unless i call them to discuss things they will take the default further. Do i have to? cant hey ignore my request to deal with this in writing?

[Spiceskull]

Write back, and tell them you can't call them because you don't have a telephone. Reiterate that you will only deal with them in writing...

[joroan]

Good thinking, thanks! i have told them this twice in a letter sent by recorded delivery. they have just said 'thank you for your letter and thank you for offering to pay £50 per month but unless we speak to you by telephone we will take this matter further.

[drob]

NO, you do not have to phone them. This is a usual tatic to add pressure when you phone them, you may agree to something that you don't really want to.

If you have asked them to stop phoning you both verbaly and in writing and they continue to call it puts Capital One in breach of the protection from harassment act 1997

[Spiceskull]

Just send them an edited version of this letter - they don't appear to be harrassing you at this time, but this letter puts them on notice that a) you will only communicate in writing and b) pressure to communicate by telephone is a precursor to harrassment...

[havinastella]

Are you reclaiming the charges? If not, I'd start the ball rolling with a S.A.R request.

Jogs

[joroan]

I did what you suggested, sent them and edited copy of that letter, i even started to pay them the £50 a month as i offered (even though they refused to discuss this on paper) I have now received this morning a statement of default and a letter from thier own DCA demanding i repay my balance in full within 3 days (the letter is dated 3 days ago) so i need to do something now but im not quite sure where i go from here. They know full well i cant afford to pay anymore that the £50 per month i offered.
I thought about going to the FSA but i know that can take weeks to resolve and by the sounds of it i dont have the luxury of time.
Any help is greatfully recieved!