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i sent crap one aletter offering payment. having been in a dmp i decided to leave it as it wasnt working. i recieved this:
I refused to provide them with a signiture.
Then i get this:
i then sent them a cca request and reminded them that i had sent one to crap one which they hadnt responded to.
Then this:
Then this from crap one:
they had until the 28th sep to provide this. I have NEVER recieved a credit agreement from them. What theyve sent is barely readable.The t n cs are on a seperate piece of paper. Ive noticed the PPI isnt ticked or signed yet theres ppi on my statements.
No idea what to do next? SAR them? claim chages ppi? i should imagine this would more than cover the debt and then some.
As it stands, I think that CCA would be enforceable. Although the print is small I had only minor difficulty reading the few bits I did.
A SAR would be the best thing to do now. Get that PPI claim in
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
got this from cap 1 today. quite amused by it really!! no mention of my SAR though. Now he says i agreed to PPI AFTER i signed the agreement and recieved the card. Surely they cant do this or at least there be some sort of seperate signed contract for the PPI
If you feel the PPI amount should be more then write back refusing their offer, also factor in the compound interest on any amounts they have taken.. if they just pay you back exactly what you have paid then they have charged you interest on all amounts and part of your now balance will be from this.
As they have so kindly provided the date of the telephone conversation it might be worth asking for a transcript or copy of that recording under a data subject request.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Ive already sent them a SAR which is due just before christmas (no mention of it in the letter). I dont recall ever having a conversation on the phone about PPI , i just remeber activating my card.
i think there offer is laughable. I paid £4 odd a month for 3 years for the PPI!! Then theres the intrest and intrest on the intrest!!! oh and charges!
Ive already sent them a SAR which is due just before christmas (no mention of it in the letter). I dont recall ever having a conversation on the phone about PPI , i just remeber activating my card.
i think there offer is laughable. I paid £4 odd a month for 3 years for the PPI!! Then theres the intrest and intrest on the intrest!!! oh and charges!
Exactly so when the SAR comes back, work out how much they have taken from you in just capital payments then you can work out the interest seperately....add the two together and thats what you ask for.. Post up a message when you get the sar back and I'll put a link to an online calculator that works out compound interest on amounts.
If the SAR doesnt contain a transcript or copy of the recording then write back giving them 7 or 14 days (up to you which) to supply either the recording or a copy of the transcript, ensure you state the recording date they have listed on your ppi offer letter otherwise they'll just stall and write back asking you what date the recording took place.
If they dont then give anything its either take them to court or complain to the ICO for non-compliance with the SAR.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
just had a letter from them refusing to send the SAR until i provide a sig for "my security" apparantly. what a load of tosh they sent the CCA without a sig!!!!!
just had a letter from them refusing to send the SAR until i provide a sig for "my security" apparantly. what a load of tosh they sent the CCA without a sig!!!!!
They are toying with you I'm afraid... I had the same and sent back saying they had sent mail to my address, had taken payments from me... if I wasnt who I said I was we had gone a bit too far down the line to start requiring a signature.
Other thing they attempted was saying my signature was different on letters from their "stored" copy. I just replied stating I sign legal forms with a proper signature and doodle on normal letters
Write back with a signature with a line through it if required and state clearly that this delay will not affect the 40day period allowed as they have had x days already to send through this request.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Thank you for your recent correspondence regarding Capital One.
Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.
Whilst you dispute the need for this, due to responding to your CCA request without a signature, I can advise that Section 7 (3) of the Data Protection Act 1998 states:
“A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.”
Therefore, if Capital One states they require a signature, they would be fully compliant with the requirements of the DPA in doing so.
I am sorry that we cannot be of any further assistance. If you require any advice or assistance please contact our Helpline of 0303 123 1113.
Thank you for your correspondence, regarding your data request to Capital One for personal data. I have just been allocated the case and tried to ring you today, but the telephone number you gave us would not work, so I thought I would email you to try to save time.
Thank you for sending us the complaint form and a copy of your Subject access request. We would also need the following information:
Your current daytime telephone number
Evidence of any written response you may have received from the organisation since you brought your complaint to us
Evidence that you chased up your Subject access request with the organisation if data has still not been received.
Any evidence that your subject access request was received, such as a recorded delivery slip or tracking number
Your subject access request did not contain an address. It would be helpful to know to what address you sent the request and to what person within the organisation?
Please quote the above case reference number in all future correspondence about this matter. Failure to do so may delay the processing of your complaint. If you email us, please use this address: casework@ico.gsi.gov.uk entering only the following in the subject field:
I should point out that I refer specifically to your most recent written subject access request to Capital One, dated 24th October, 2010. When I receive the required information I will be able to progress your case. If you require any further advice or assistance please contact me on the number below.
Yours sincerely
Dinah Balsillie
Case Officer, Access Rights Team
Tel:01625 545 898 Information Commissioner’s Office
ABOUT TIME. and the worst part is ive already provided them with what there asking for. unbelievable.
Thank you for the information you sent us in connection with your complaint to the ICO about your Subject access request to Capital One.
Unfortunately the documents you supplied related to your older Subject access request of 2009 and not the one we are able to investigate from 24th October, 2010. Do you have the tracking slip or number from this latest request?
I have contact Capital One about your case, but in the absence of proof of delivery for your 2010 subject access request and no other evidence of receipt, we will have to allow the organisation another 40 calendar days to respond to your request.
If you have this number please email it to me as soon as possible. In order to save time so that the document goes straight onto your case, please put only the following in the subject field: [Ref. RFA0353744] Please note we cannot open wps files and sending these will cause delays to your casework.
Many thanks.
Yours sincerely
they really are having a laugh.All the paper work i sent them has 2009 on it...
crap one
i decided to leave it as it wasnt working. i recieved this:
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Originally Posted by zararh
