SAR is delivered, so can start counting down the clock...

OK, my first letter, the request for a copy of the original agreement is showing up as being delivered today...So just for clarity, the 12+2 starts today and this is working days? Which would mean CapOne should have responded by Friday the 2nd of December?

Thanks

mrbrooks

OK, SAR is done, sent today in lunch hour, the request for the CCA should be arriving at CAP1s offices today, I did them both recorded delivery so will check it this afternoon, I will now sort out the Telephone Harassment letter and get it sent tonight. Will keep you posted...

Hi ims21, I have asked for them to consider freezing interest and also to consider reversing the late payment and over limit fees for September and October...apologies I forgot to mention that in the above post...

I will get the SAR sorted out today and posted ASAP...

mrbrooks

Hi all thanks for the reply Conniff, I feel like I am amongst friends @ CAG and will do my best to learn what I can and maybe in the future I can help others too.

The brief history so far is this, and apologies if it gets a little boring and long, I just want to give everyone enough background to understand where I am at.

I have a few cases of interest, but have decided to start dealing with my mother’s case first, she is almost 63, not great health, ran into financial difficulty last year through various reason, had to move out of her flat due to not being able to afford the rent 6 months ago, moved in with my brother and his wife to keep her living costs as low as possible.

She has had a capital one card since around 2000, at which point she was in hospital for cancer treatments and it seemed like a quick and easy way out of not having any cash at a time she was unable to work or get much support from the state.

Last year I noticed she was paying for PPI, as she thought it was good thing I suppose, how long this has been applied I do not know, but the additional payment was making the overall monthly payment too much for her to cope with, so I suggested she cancel the PPI to allow her to bring the payment into a more affordable place.

Her current limit is £4500 and it has been at this for at least 3 months now, and of course she is paying a ridiculous rate of 32.67%, which she did not initially begin with (I do not at this point know what the original rate was) but this has been increased to this point over the last couple of years.

She has managed to keep up the payments until September-October, at which point, she called CapOne, voluntarily, before she got into late payments, over limits etc, and advised them she could no longer afford to pay the full minimum payment and offered them £50.00 per month until she could get more disposable income to pay more, she paid them £50.00, and this call was about 5 days before her minimum sum was due for September, so at this point she had not missed any payments. The chap on the phone was very friendly and sympathetic and seemed to offer to give a little breathing space, told her he would send out a form to fill out so she could list her finances and they would take it from there.

Anyway, the form has never arrived, and a few days after the initial call that she made, they began to call her, first on her mobile, starting 2-3 times a day, and then upping to 4-5 times a day. They then called my own number, as she lived here before moving into her own place around 2-3 years ago and her CapOne account address is still listed as being at my own house. This calling has gone on for 4-5 weeks now, and when they manage to catch her out, often by using different numbers to call from, they first off say can you confirm who you are and I had already told her to say nothing and it’s up to them to prove who they are and not answer any questions, so she tells them that she will not talk to anyone on the phone who cannot identify themselves and simply ends the call.

Now she has since paid another £50.00 for the October Payment, as promised, and the phone calls have still been coming, I logged into her online account, and sent 2 secure messages, first one saying can you please make correspondence in writing or by secure messaging/email and second can you please resend the form as we have not received it since speaking to you on x of October. Also her account is now at almost £4800, due to over limit charges, late payment charges and goodness knows what else.

Then one evening last week, they called my brother’s house, now the issue here is this, my brothers number is ex-directory/unlisted, it is listed in his name and he uses it almost exclusively for his internet connection and business related calls, my mother has no official capacity at this address and has not given this number out to any official body, as far as I know, as my brother does not like all and sundry calling his phone, he has a mobile for personal calls and contacts. To add to this he has only recently moved to this premises, and the number is less than 3-4 months old, of course he was asking them how they got the number, and the guy apparently said I will tell you how when you put your mother on the phone, so he told them to Feck off, not call his phone anymore and put the phone down.

So, the next day, I went to online to send a secure message from the account, saying that we do not feel they should be harassing my brother in this way and that the phone calls are becoming a nuisance. However, I could not login; they have disallowed access to the account, simply listing the number to call, and calling upto 5 times a day on her mobile.

So far, after having read a few things on the CAG site, I decided to send a letter, dated from Friday 11th November and sent it on the 12th, for a copy of the CCA. I have used one of the templates from the CAG site, and I have also included the PO for £1 as instructed and sent it, recorded delivery to the address I found on the CAG site. I also included in this letter that my mother is authorising me to act on her behalf with regard to any dealings concerning Capital One and all related matters and as suggested by many CAG members, we simply put her printed name in ink, without a signature. When and if it arrives I will of course post it up for comments from the CAG community.

So that’s is where I am currently, half shocked I have actually done it, and wondering what the heck I’ve done and got myself into, part scared and worried but knowing that their treatment of her is unreasonable, unfair and needs to be dealt with.

My next questions are; is this a correct place to start? Should I be asking for the SAR now too? Should I be making any other complaints? Should I write a separate letter regarding the telephone harassment now? Should I claim for PPI now? Should I mention the fact they have restricted acces to the account? Is there anything else anyone thinks I should be doing? Any thoughts from anyone on what to avoid? And, in what order should this stuff be done?

All guidance is most appreciated and I will endeavour to grasp this stuff as quick as possible and try keep my pestering of you all to a minimum...

mrbrooks

Hi everyone @CAG, first off as a new member, I would like to say a HUGE thank you to everyone that takes the time and effort to keep this place alive and full of such fantastic advice and support both new and seasoned members.

My story so far is, after landing here from another place, I’ve spent much of the last couple of weeks reading so much stuff here, wondering whether it’s worth the effort of trying to find some reasonable position with these bullies, they seem so strong and resistant at first glance, wondering if it’s worth the time, wondering whether I am strong enough to see this through, but mostly going from thinking I can do this after reading a success story, to wondering if I am making a terrible mistake by taking on such corporate bullies after reading the utter confusion some people seem to get themselves into.

Also after reading other sites, that claim certain 'loopholes' have now been closed, and reading documents where it seems people have lost their cases, I seem to bounce from confusion to more confusion and of course fear is a big enemy for many of us, and sometimes I am almost terrified that I could lose far more than I bargained for, but I have finally decided to stand up and start demanding to be treated fairly.

Thus I have accepted that I cannot do this alone, neither can I afford to employ legal professionals, so have decided to begin my initial quest against Capital One, by joining CAG, reading what I can, desperately trying to get it all to sink in, and today finally deciding I need to start my own thread, which over time I hope will allow those of you who are experienced and skilled in such activities to guide me to the right places and at the right times, the correct documents to read and to send, proffer opinions and answers as I feel I need them and most importantly, give me some strength when I feel like throwing in the towel.

I will shortly add to the thread with a brief history, and what Ive done so far.

Thanks to all @ CAG

mrbrooks

Who do I make the PO out to? Sorry if this sounds daft, but im a learner here

Also how do i get CapOne to deal with me on behalf of my mother? She is 62, gets really stressed about it and I dont want them harrasing her anymore...

All help is most gratefully appreciated...

Thanks

mrbrooks

Thanks ims21, I'm ready to take the letter to the post office tomorrow, get my £1 postal order and send the item recorded delivery...using the above address

Hi All, I'm very pleased to have arrived at this place and having read a few items and stories over the last week, feel confident in posting off a request for a copy of a CCA for a Capital One Credit Card that my mother has had since around 2000, I will move onto the PPI and Charges later...I have used one of the draft letters from the CAG site and now just need to get it posted off...

My Question is this, I only have the PO BOX address for CapOne that they list on their website, I cannot message them as they have blocked me from logging into my on-line services, which does bother me somewhat.

Anyway after reading some posters mention its a good idea to send the request recorded delivery and other posters mention its not a great thing to send recorded mail to PO BOX addresses, I wanted to know if anyone as a legitimate address to send this request to that is not a PO BOX address.

Thanks in advance for any assistance and apologies if this question has been posted elsewhere...

mrbrooks