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Are CapitalOne really this stupid?


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The only ones that seem to work on my computer, break my brain!

 

Can't we calculate the charges individually, then add them up? Wasn't there an interest calculator posted on here at some point- perhaps a compound interest calculator?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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i refer to my post 188 on this subject.

c/q sent me app form after my cca request.

its t/phone time

10 calls logged via computer system

is it time for put up or shut up letter and t/phone harrassment letter.

bearing in mind this all started about 6mths ago

all comments and advice appreciated

capquest rang me

Edited by 23sopwith
clarify who rang who
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No, you can only lose something you once had.

 

 

 

Got it in one!

 

SH

Hi Scabhunter and Zazen warrior!

I think you may be right! LOLi am now totally confused:confused:I took citazens B advice and wrote them a letter saying what they have sent me does not comply with my cca request etc and that they are mistaken in saying in their last letter that they have sent me any signed agreement!and could they resend the signed agreement?Their response was to totally ignore my last letter and they just went straght on to terminate me :eek:and then next day got a letter from them saying i had been passed onto their lovely inhouse collection house Debitas!In my case they seem to have completly bypassed the trying to fobe me off with a signed application form stage and gone on straight to termination!:eek:It is all very strange!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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They have definitely lost the plot. I CCAd them in March. got the usual loo roll from them in reply and I totally ignored it. I haven't hear a cheep from them since - nothing, zippo, zilch. I doubt if they even know what day of the week it is!:rolleyes:

Hi Pinky! Well said! From my expereinces with capital one! i completly agree with you! Like ZW said they appear to have lost the plot completly!:lol:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I had been getting letters off them over the last few weeks about setting up a new payment plan. I have told them that the blank CCA they sent me did not comply with my request. They have now sent me a letter saying as I have not responded to their letters about setting up a new payment plan they will set a new one up at the same amount as I was paying per month.

 

Wonder if that is because they know they don't have a CCA for me? I love Cap One, NOT

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Hello everyone! I'm new here, through desperation. I can't begin to describe my stress and worry over the last few weeks regarding my Capital One account. Through major personal problems I have been unable to service the debt and due to embarrassment and stupidity I have bottled it up inside and ignored the issue. Finding this forum and reading some of the stories has gone someway to helping put my own situation into perspective. Until recently I had an exemplary credit history but not anymore. Debitas have written and I'm constantly receiving phone calls and letters. I was on the verge of losing it big time. However, now I see some hope. I'm eager tonight to send a CCA request to Cap1 but I think first I will do a little more reading on here. Question - if I get another call from them, should I mention my intentions to them or should I just liaise in writing?

I too have spoken to staff at Debitas who have a poor command of english - they kept putting me on hold, sometimes advising that they were and other times right in the middle of me speaking. When they did it a third time, I just slammed the phone down in anger. It was me who made contact with them to try to put a payment plan in place and they treated me like dirt.

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Send this to CApone.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Cretins

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

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Hi led,

 

like you, I was pretty stressed by my dealings with Cap1 and Debitas, that was until I came here :D.

 

Get the CCA request off to them asap and send Debitas the standard telephone harassment letter. In the meantime, use the same tactics on Debitas you would use on any other nuisance caller, (like double glazing salespeople). I'm lucky as I haven't had to deal with any DCA calls, largely due to having an answerphone...I don't answer unless I know who it is. The tel harassment letter has worked in all the cases I've used it. Just keep to the rule that you don't discuss financial matters on the 'phone...EVER........and mean it!

 

Have a good look around this site and get all the advice you can. I have been able to deal with Cap1, Debitas & CapQuest purely due to the advice and support I have received from the CAG members. It's really empowering, so get that CCA sent today.

 

Good luck with it.

 

xx

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Hi led

 

Just to add to the advice you've received...

 

Don't sign anything you send to them, or indeed any bank/DCA! It has been found that they are not above 'lifting' your signature to use on documents that would otherwise only be useful as loo roll. Use a fake signature (ie add a letter in/change your writing), just print in capitals, use a coloured and textured background to sign over, or, my weapon of choice, a digital signature - this site is handy vLetter Free Font Demo Online - Try Our Real Cursive Handwriting Fonts

 

Make sure you write and tell them to only contact you by letter. This is your right, and under the banking code they should honour your request. They won't, but they should.

 

When they continue to call despite your letter/s, you need to keep a log of when they call (date and time) for if you end up having to complain to the FOS, to show harassment and that your requests have been ignored. If you feel up to it, after you have sent the 'no phone calls' letter, when they call do this -

1) Don't say you are you - say you'll get you (confused yet:)), but only when they tell you their name. If you can get the name of the person who asked them to call (their manager) then do. A simple 'and the name of the person who asked you to call led please, just for his records' will do.

2) Inform them that all contact must be written

3) Hang up. Politely if you can, it looks better for you if you can remain a model customer.

This is simply to try and hold people accountable when you complain. If you are telling the same person over and over that you have requested writing only, it makes them look rather naughty in the FOS's eyes:)

 

If you can afford a recorder for the phone, it may be worth it as they will happily lie to you if they think there's no comeback. This could be useful if you're looking at dealing with more banks

 

Lastly, any letters you send, do it by Recorded delivery. Don't scrimp on this, it's important. As an example, I'm fighting MBNA at the moment just to get on a payment plan. I've just had a letter from their VP (after a complaint from me that they haven't been responding to me) stating that they had not received any letters in the last six weeks. I have sent 5 , all have been signed for by them, so she's clearly lying. The fact the twits included copies of the ones I sent in the SAR I've had is just a bonus:D

 

Really though you need to start your own thread on this so that you can get personal advice, and so that the OP's thread isn't hijacked. If you let us have a link, or give the name of your thread then people can pop in and help.

 

Lexis:)

 

ps - sorry for continuing the hijack zazen.warrier

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sent c/q telehpne harrasment letter by r/d on 19inst.

im now getting calls from them @the rate of 3 an hour

normally start @ 0810 and the last yesterday was a silent message on a/m @ 1950

they obviously take not a bit of notice

t/s arent interested either

whats the next step

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if anyone wants a answer to are capital one really this stupid then maybe u should link in with my thread

 

cap one have lost my money.

 

Despite saying in there defence to the courts that my mobile number has been removed from ther system just over an hour ago i recieved a call from C1 re the alleged money i owe.

 

Thats really gonna be good for them proves they have been lying.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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further to my recent posts re capquest and cap i

ive sent harrasment letter but prior to that i sent thema letter pointing out their resposibilities inder the cca and advisinsing them if they did not understatnd then to take qualified advice.

lo and behold 2 letters in 1 day from them.

1 acknowleding receipt of my letter and a second from there complaints dept. stating that they were sorry that oh well the usual c..p

and that they would investigate my complaint.

1. i never complained to them and have no intentions of making a complaint under their internal complaints procedure (they enclosed a leaflet explaining it)

2. they have requested that i do not make a formal complaint to the fos until they have conducted there inhouse procedure, wich may take up to 56 days.

am i correct in thinking that because i sent them a put up or shut up letter that they are now just trying to bye time.

all comments greatfully accepted

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2. they have requested that i do not make a formal complaint to the fos until they have conducted there inhouse procedure, wich may take up to 56 days.

 

They dont have an inhouse procedure...fools :rolleyes:

A few blokes will just be sitting there a table wondering what the hell to do with an awkward person like you :D

Make the complaint anyway without hesitation - dont feel you have to do these clown any favours, i wouldnt :mad:

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  • 2 weeks later...

got my reply from capquest this am

they state they have acted in good faith and sent the same application form to me and want to know what my proposal for paying debt is

this time its a signed letter from a quality assurance manager

whats my next step

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Well, you've also acted 'in good faith' by putting up with their antics. maybe you can suggest a reasonable charge for further dealings, there is a thread here somewhere suggesting a training scheme. (I have a draft, its funny)

Ask them what their proposal is on letting you have sight of this signed agreement they keep harping on about.

May as well have some fun with them before they try to push this further.:D

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I don't respond to their templates - they never read them - I don't think they can read. I would make a formal complaint to their complaints department with a copy for the attention of the OFT. The laws they are breaking are the CCA 1974, the Administration Act 1970 Section 40, the Data Protection Act 1998 and OFT Guideleines. I tell them I am starting legal action against them and as cirrent holders of the disputed account, they will be responsible for all costs, expenses and substantial compensation for stress and harrassment. I finish of by telling them that if there is anything about my letter they don't understand they should consult a lawyer.

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hello pinky 69

i did that about 2 weeks ago

its gone through their internal complaints procedure

theyve still not sent an proper copy of an agreement only a "cobbled up"

application form.

what do you suggest next

regards

sopwith

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I am still ignoring them.

 

They are still ignoring court orders.

 

U see i am suing them so if they can obey court order then how can they obey the laws?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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