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Me v capital one


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Hi

 

If anyone in scotland has claimed CI from Cap 1 at the prelim stage, could they please, please help. Im having difficulty using the spreadsheets to calculate.

 

Any help would be appreciated

 

Cheers

 

Tracy

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  • 2 weeks later...
Thanks for that guys:)

 

Aviator, I have got a statement and checked the figures and the only thing I can find is Purchase Interest charged at 2.549%. I cant see anything about cash... Can you help further??

 

Thanks

Tracy

 

Hi Tracy

As you've had no reply to your Q, I'll respond with what I did. I input my monthly Purchase Interest rate into the calculator and it came out at 30% which is what I included in my spreadsheet claiming CCI.

HTH :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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I have just the sent my prelim off to Capital One on Friday. However, they are constantly phoning me. Ive just this second took another phone call from them and I told the guy on the phone that I would not being paying them anything as the balance of my account is all down to charges which I am claiming back. He told me that I would have to pay something on Tuesday and If I didn't then they would keep phoning me. I told him that they better not phone and that I wanted furhter contact by letter. He point blank refused this, told me he would be phoning back, then hung up. I am furious with this but there is no point in phoning to complain as I get put through to the other side of the world where they dont have a clue.

 

Does anyone have any suggestions?

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Next time they phone do the following

 

Ask who is calling, they usually refuse to tell you until you go through security.

 

When they ask personal questions D,O,B etc refuse to answer until they give you full details of who is calling.

 

Do not answer any security details at all, ask them to hold, go and make a cup of tea, drink it, pick up the phone and say 'can you call back later I am busy'

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Date

Re: Harassment by telephone

 

 

ACCOUNT NUMBER:

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only and I wish you to remove my telephone number from your records altogether.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded or noted on a diary of calls sheet for future reference.

 

 

Yours faithfully,

 

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Just to let you know that I sent this letter to them, also reported them to Nottingham TS as they phoned me at 3.15 pm on a Sunday afternoon. told them they were breaking the law and shouldn't be phoning after 12.00 on a Sunday. He said if I hang up they would just keep phoning. I did speak to one person from the Executive office last week because that suited me, if it is the call centre, I just say sorry I don't discuss financial matters on the phone, how do I know you're not an hoax caller and hang up.

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Thanks Surprise, thats interesting as I didn't realise that they were not allowed to call after 12pm on a Sunday. Is that a national law or does it only apply in England as I am in Scotland

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Its come from

DEBT COLLECTION GUIDANCE FOR

CONSUMER CREDIT LICENCE HOLDERS AND APPLICANTS

8 am to 9 pm Monday to Friday

9 am to 4 pm Saturday

9 am to 12 noon Sunday/Bank Holidays

I'm not sure about Scotland, but would think so.

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So what is the answer if they complately ignore your request for them to stop telephoning you ? and even if you report them they still phone? isnt there anyone who can take action against them.

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I had the same problems with Capital One continually calling me at work, they even had somebody phoning up pretending they were my 'older sister'. As I am the eldest it was obvious who was calling!

 

They took me to court and I won, but they kept sending letters to me telling me I had broken their agreement, five weeks ago I went to the FSO and they have been strangely silent, not even a 'We are looking at your case' letter.

 

I'm now sending all the letters they sent me to the FSO to support my claim for a full refund of the amount they claim I owed - at NO time have they ever produced any evidence for me by way of a signed agreement - they didn't even bother to turn up in court!

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I had a letter today regarding my complaint about telephone calls. They use an automatic telephone system so I contacted OFCOM regarding this and there are guidelines which they should follow. brief extracts.

 

Ofcom is taking action in four areas to combat silent or abandoned calls:

  • On 1 March 2006 Ofcom published a new statement of policy on persistent misuse, which set out a series of requirements for organisations using automated calling systems;
  • Ofcom will take firm and decisive enforcement action, where appropriate, to ensure compliance with these new requirements; for example on 30 January 2007 Ofcom imposed financial penalties on four companies.
  • Ofcom continues to engage with relevant stakeholders;
  • Ofcom plans to review the policy after 12 months to assess whether further changes are necessary.

Ofcom believes that compliance with the new requirements will significantly reduce the potential for consumers to receive silent or abandoned calls.

  • Calls which are not answered must ring for a minimum 15 seconds before being terminated;
  • When an abandoned call has been made to a particular number, any repeat calls to that number in the following 72 hours must be made by a live operator;
  • For each outbound call a Calling line identification (CLI) number is presented to which a return call may be made which is not charged at a higher rate than the national call rate;
  • Any call made by the called person to the contact number provided shall not be used as an opportunity to market to that person, without that person’s consent; and
  • Records are kept for a minimum period of six months that demonstrate compliance with the above procedures.

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Ive just sent my prelim letter to Cap 1 but I did not use the template asking them to take off the default notice on my credit file. Im still waiting to hear back from Cap 1 but is it too late to request this?

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No, but you should right to them recorded delivery ASAP to make it a condition of settlement.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Rory, I see your also from Scotland. Do you know if it is now possible to claim for more than 5 years in Scotland. Ive just received my SAR from Alliance and Leceister, as I had an account with them in 2001 and the charges go back that far?

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You can claim for more tha 5 years - however please be aware that you may lose. Claim for 5 years is the safe option.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ive sent my prelim to Cap 1 for £649 and they have replied and credited my account with £136. Today I have sent them another letter telling them I accept this but they must return the remainder. However, they keep sending me letters and phoning me and telling me to pay a minimum amount to my account. The balance I owe on the account amounts to charges and in fact they owe me money. So my question is, should they keep hassling me for money when my account is in dispute. Ive refused to confirm my date of birth etc when they call and I have told them that my account was in dispute and I was not prepared to pay anything. They told me that if I dont pay anything they will keep phoning me.

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  • 8 months later...

Hi

 

I have eventually won my charges back from Cap 1 including interest, with a lot of help from this great site! However, they wrote to me in the summer offering me part of the amount I asked for and credited my account with this (which I told them I would accept, but am still requesting the full amount). They ignored this letter (sent via Recorded Delivery) and didn't give me the remainder they owed. They have since recorded a default notice on my file in December for th sum of £490. In the meantime, in January I received a letter from FOS (I got them involved) telling me Cap 1 have offered me £661 and I have to sign a form accepting this, which I have done and faxed to FOS, but they haven't said that they were going to remove the default, which was included in my complaint to Cap 1. Im still waiting to hear from FOS as I told them I will accept my money but I also want the Default removed. I got a letter from a 2nd debt collection agency yesterday demanding the £490 back. Sorry for the long post! Can anyone advice?

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