Capital One - Telephone Harassment

[Befnal]

Hi,

 

Due to a cashflow problem I've managed to miss 2 payments on my account, but I contacted Capital One once I knew when I could make payments and how much. I took great care to make sure that the person I was talking to noted down everything I said so I wouldn't receive numerous phone calls, but they then started coming with increased frequency.

 

They started calling me 6, 7 sometimes 8 times each day, anything from 9am-9pm, 7 days a week, this has been going on for 3 weeks now. Up until now I have either ignored the call or put the phone down, but the final straw came when they called me at work. I have written a letter of complaint to the 'Collections Director', not that I expect it to do any good, and actually accepted a call last night. Without getting angry I asked for the name of the operator and who her boss was. I explained that 3 weeks ago I contacted them to say when I would make a payment, (which will be tomorrow), and that I would not speak to them anymore. I also said that if the calls continued that I would seek legal advice and take action against them for harassment if they continued. Then lo and behold, yet another call this morning!

 

My question is what should be my next step? It's getting to the stage where I dread the phone ringing, it interferes with not only my personal life, but my work as well, since I work from home 2 days a week. Any advice would be most welcome, thanks.

[WendyB]

Put it in writng to them, exactly what has happened. Send it recorded. Stress that they will be receiving your payment on xxxx. Inform them that you wish your works number to be deleted from their records and you DO NOT give them permission to contact you by phone. I do know it takes a couple of days to update their system, but they get the idea in the end. Once they've received your payment the calls should stop. If they don't there's more steps that can be taken.

Problem is that the calls are made by an automated dialling system, and the operator then gets the call, giving them no chance to read the notes first. Yes I know thats stupid but thats how all the credit card compnaies etc work.

 

Presumably they've put charges on for the late payments etc. Have you already started the reclaiming process? If you haven't you should do so. There's plenty of help to be found on this site on how to go about it if you don't already know.

 

Cheers

[Befnal]

Hi Wendy,

 

Thanks for that, I'll do exactly what you say and hopefully it'll be sorted. As this is the first time my payments have been late I haven't incurred charges before, but I will endevour to do so, as I did with my bank.

 

Thanks

[the_shadow]

Hi Befnal, Crapone dont send out agreements in reply to s78 requests anymore.. and if you complain all you'll get is a stream of letters saying this is what we are required to give you... go swivel basically.

 

They used to send out the agreements in response to SAR's however that may not be the case nowdays and that does involve a cost of £10.

 

Are there any charges/ppi you can reclaim against the balance of the account?

 

S.

[Befnal]

Hi S,

 

Yes, there are so I may as well kill 2 birds with 1 stone so to speak!

[the_shadow]

Hi S,

 

Yes, there are so I may as well kill 2 birds with 1 stone so to speak!

 

so long as you have them refund to the balance I've been advised in the past that it mays no difference if eventually its unenforceable due to the agreement either no longer existing or lack of prescribed terms.

 

S.