Are CapitalOne really this stupid?

[bazaar]

Hi BrummyBoy

You didnt 'Have' to supply them any info at all. This is all part of their tactics to get as much info from you as possible. Remember not to sign anything to these bottom feeders.

If they threaten you, then the first thing is to request a CCA. Then get advise from this site as to whether it is enforceable. Then its pretty much a waiting game.

Enjoy the moment and try not to worry too much

[beachcomber60]

Bazaar is correct, they aren't entitled to have this info from you or anyone else, in my case they demanded tax returns and tax statements because Iam self employed, which is why I'm at logger heads with'em. They are getting sod all from me !

[BrummyBoy]

Hi BrummyBoy

You didnt 'Have' to supply them any info at all. This is all part of their tactics to get as much info from you as possible. Remember not to sign anything to these bottom feeders.

If they threaten you, then the first thing is to request a CCA. Then get advise from this site as to whether it is enforceable. Then its pretty much a waiting game.

Enjoy the moment and try not to worry too much

 

 

Hi bazaar, what is a CCA? if they do default me am I correct that my credit rating is destroyed for atleast 6 years? Thanks

[lexis200]

Due to an unexpected drop in income, I was unable to pay my Capital One credit card account monthly payment in full from 2005. Since then I made arrangements to pay a reduced amount each month, which is reviewed every 6 months. The arrangement is due for renewal again, and they have decided to threaten me with default and blamed the Government for the legislation. I contacted my MP and found this to be a lie. Has anyone else had this problem and can advise me how to respond to them. I do not want a default on my file. Thanks

Was this their long term/short term payment plan letter? Basically stating that the plan you were on was no longer 'available' so you had to choose between paying it off in 6 months or getting a default on your file?

 

If so, I had this too, but when they sent the Default notice through it seems to have a little bit of one sentence missing, which is apparently a no-no as the text they use has to be verbatim to the acknowledged text used. I'm keeping this quiet for the time being with them, but hoping I can use it in the near future as a little kicker for them:)

 

With regards to the info they 'require' otherwise they 'will not be able to consider your payment offer' (or similar wording). For next time, be aware they absolutely can not require this extra stuff. I spoke to National Debtline, and it's been confirmed by many people on here - they are entitled to see your I/E form only, you can only be made to disclose anything else to a court (ie statements, bills, payslips etc).

 

When they sent the letter I suspect you had to me, I wrote back telling them to get knotted for the extra info, as they knew they had no right to it, that my enclosed I/E form was a true declaration of my finances (which it was I hasten to add - I don't fudge figures at all. Sadly:rolleyes:), and that they needed to stop misleading me as their customer by telling me big old porkies about what they were entitled to see. I didn't even mention the payment plan, but they still wrote back accepting it!! Just so you know they don't have the right to pry into everything in your life;)

 

Unfortunately it seems that if you do need to choose the longer term option you will end up with a default. Good news is it may not be valid...

 

Oh, and as a final thought, have you CCA'd them?

 

Just a quick question, I've been locked in dispute with this lot since May trying to set up a lower payment plan, did they 'force' you to provide wage slips, bank statements etc etc before they would accept a payment plan? My OH is now jobless and they are getting £100 a month and their

still not satisfied.

This is a massive amount to pay when you're out of work! Are you on benefits (sorry, personal question, but if you live on benefits you should be able to offer a token payment of £1, as the reason for the benefit is to allow you enough money for the absolute basics, therefore you do not have any disposable income to offer them).

 

I have been on a plan with them for about 2 years now. The balance owing was about 4.5k, and we were paying about £8 on it (we are on benefits, but with a tiny amount of extra income so bumped it up as much as we could). Last year - before I found CAG and knew I could complain - they forced me to increase to over £15, which seems like nothing but was a kicker. This year, after sending my I/E form along with the letter, despite me agreeing to continue at the present rate (rather than rock the boat), they wrote back accepting the amount showing on my I/E form which was under £7!

 

I'd be very tempted to give it another go with them, and do not hold back on expenses. I absolutely do not mean lie - there's no point, and it's too easily found out which will do you no good at all. I just mean include everything, no matter how mundane. If you really can't afford it they just can't have it, it's that simple.

 

We are in the same position with MBNA and have been since June/July, only we're not paying them what they want - we couldn't afford the minimums, they won't accept the pro-rata amount offered, so we just started paying it anyway. They keep writing, I keep telling them no. Eventually it'll go to a DCA, but they can't get something we don't have, and quite frankly they'll probably be more human than MBNA!

[lexis200]

The CCA is the Consumer Credit Act - it allows you to request a copy of your original agreement, and if they don't comply you are within your rights to withhold payments and the debt is unenforceable until they comply (if they ever do).

 

If they do comply but what they send you isn't valid (there are plenty of people on here who will help you with that bit as and when you need it), then they may be stuck with an unenforceable debt which you may be able to get written off/offer a small f+f on.

 

Of course they could have something of worth, but reading through the cap1 forums, and from what they sent me, it's less likely this will happen.

 

You need to send a £1 postal order (or a cheque signed by someone else), along with a letter requesting it - template N I think in the letters library - to them, and they have 12 working days to comply. After that if they have not sent anything you are within your rights to withhold payment, but I'd err on the side of caution and give them a while to comply so that you don't find yourself in schtum.

 

Do not sign the letter! Use a digital signature or just print. This is the site I use for signatures, I find it handy. vLetter Free Font Demo Online - Try Our Real Cursive Handwriting Fonts

[BrummyBoy]

Hi guys, I just want to say thank you all so much for your help, your advice has really helped with the worry!

[lexis200]

link to template letters - I always lose it when I need it so I thought I'd save you the hunt:)

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[beachcomber60]

Hi Lexis200, When OH became unemployed, firm went belly up - no wages, no notice, no holiday pay & no 'package'after 18years service we contacted NDL who were very helpful (before I found CAG), I took things very (too) seriously and using my 'disposable' income & OH JSA, with reflection I was too generous with capone1, we have had nothing but complete grief & harassment from them - all because I refuse to comply to their demands to give them information which they have absolutely no right to have - confirmed by NDL, TS, Consumer Direct yet they still won't give up their demands. Have kicked Debitarse back into touch twice over this.

 

Thanks to CAG I don't take any cr#p from them anymore.

 

BC

[lexis200]

Hi BC

 

You've had a rough ride:(

 

I was exactly the same before I found this site. Every letter/phone call received was, I assumed, as good as law, and I had to do everything they said. For the first couple of reviews then, Cap1 (and others who asked - Co-Op spring to mind as a bunch of right bankers) got all the info they wanted.

 

Then I called NDL as a last resort (isn't it odd/stupid what you will put off doing when you're embarrassed/humiliated about something - it's only money after all, and the vast majority of our debt was for reasons beyond our control, but I still didn't want to phone) and told them what was going on, and they put me straight.

 

After that I found my way on here from MSE and have steadily grown in confidence until now I'm quite happy to tell them where to get off, either in writing or on the phone. My favourite one now is when someone phones for my OH, and I just refuse to put him on.

 

'Is Mr Lexis in'

'Yes'

'Can you get him please, it's a personal banking matter'

'No'

'Oh'

 

and so on:D It seems to throw them so much more than saying they're out. Of course I do still have the days when I don't think I can open another letter from them, but they're few and far between.

 

Have you tried to send them a revised I/E form with a lower amount, and just told them your circumstances have worsened? If they're already hassling you over the large amount you're paying - which it seems is stretching you in order to cover it - you may as well get the hassle for an amount you can actually afford!

 

Lexis:)

[beachcomber60]

I've come to the conclusion that no matter what I tell them they still insist on proof which they WONT get, and since they sent power2annoy to knock on our door saying that they've lost contact (which is a lie as I always write and send recorded), just because I won't talk to them on the phone doesn't mean I've lost contact. Since this visit I ignore everything and pay what we can afford, they are adding charges which when the time comes we will reclaim, I am starting to build a case for telephone harassment and will probably add unlawful charges to that.

 

Totalled up their calls this morning 504 since end of July.

 

BC

[lexis200]

504???????

 

I don't think you're starting to build a telephone harassment case, I think you hit it about 450 calls ago!

 

We seem to have been very lucky with calls. I think maybe I'm just so blo**y stubborn with them that they can't be bothered any more, other than for the occasional call to say they still love us.

 

I'm glad you're only paying what you can afford though. I honestly can't see why they decide it's worth their time and money to chase debts that can not be paid back at the rate they want! If it's blatantly clear that you can't afford more, what on earth is the point in all this harassment? It doesn't even make good business sense - surely if while someone is in financial trouble they try and help, and give the support needed, once you're in a better situation you're far more likely to pay back the rest. As it is, they insist on hounding you which makes you simply want to screw them.

 

Have you CCA'd them at all to see if they have anything resembling an actual agreement?

[23sopwith]

further to my other posts on the above subject c/q have obviously given up the ghost.

cap i have now sold the debt to the daft boys in leeds

got a letter this morning 2 letters in one envelope from leeds

one unsigned from cap1 and the usual from lowell

it seems lowells are up to their tricks again

the letter from cap 1 was done by lowells its the same type head refs are the same wording is the same plus its insigned

companies house and t/s have now got to be involved

[ODC]

Seems strange that the Leeds losers should have an ''Assignment Letter'' from CAPONE when CAPONE sold the debt to Crapquest

[23sopwith]

hello eos

i may have misled you

cap i gave it to c/q to issue the threatograms

cca c/q they sent an application form

sent them further request and reminder of their duties under the cca

heard nothing fron c/q or cap 1 until the 2 letters in 1 envelope arrived this morning from the louts in leeds.

its so obvious that the leeds mob have written the letter purported to be from cap 1 its laughable.

since my earlier post have contacted t/s in leeds who dont appear to be interested (now theres a change)

[Pinky69]

Cap 1 are a laugh a minute and getting battier. I CCAd them months ago - they sent the usual crap in reply. Recently they sent a default notice that no more resembles a default notice than fly in the air then terminated the account. So they cannot now claim the capital, only arrears, and there are no arrears as they froze the account. So they get nothing since there is no agreement and if they argue there is an agreement they still get nothing because they terminated the account after sending an unlawful default notice. Heads I win, tails I win. You couldn't make it up!!

[lexis200]

Cap one also froze my account nearly 2 years ago when I started on a payment plan with them. They recently defaulted me too (telling me that my previous payment plan was now 'unavailable' and if I couldn't pay off in 6 months, I'd have to change to a 'long term' plan and get a default). The default notice doesn't have a remedy date, just a 'pay within 28 days', doesn't include any remedy payments (just shows my balance) and has a few errors with capitalisation etc.

 

In addition to this though, in one of the letters sent after they got my letter stating their agreement was not enforceable, they asked for the arrears of about £2k. This would be about what I would have paid if I wasn't on the payment plan.

 

Having read your post above Pinky, would I be right in assuming that there should not be any arrears due to the account being frozen whilst on a payment plan? Or at the very least, only a small amount from when the plan was being set up but was not in force?

 

Thanks

 

Lexis:)

Edited January 14, 2009 by lexis200

[Pinky69]

Yes, you are right. They froze the account so they cannot bill you for interest that would have accrued if the account had not been frozen.

[lexis200]

Thanks Pinky:)

 

Could they charge me the minimum payments that would have been paid if the plan had not been in place though?

 

Sorry for all the questions - I just like to know where I stand.

[Pinky69]

It depends what they agreed to with the plan managers. They can waive the interest on a loan, leaving only the capital to pay, or they can simply extend the period of payment and the original terms of the agreement remain unaltered ie once the plan is terminated, all sums due on the original agreement are payable. Under a credit card, if they agree to freeze the interest then they cannot suddenly charge for interest not paid during the time of the plan. You would need to get exactly what they agreed to with the plan managers and how much of it was in writing.

[SB100]

At least you got an application form in response to your CCA requests- I'm feeling all left out now!

 

They keep telling me they've got a signed CCA but they aren't obliged to show me it under s77 (or is it 78?) and enclose current t&c's. They've replied to my dispute letter saying they've complied.

 

I even SAR'd them to try and get it, but nothing to do with the CCA was enclosed whatsoever....

[cadencealex]

At least you got an application form in response to your CCA requests- I'm feeling all left out now!

 

They keep telling me they've got a signed CCA but they aren't obliged to show me it under s77 (or is it 78?) and enclose current t&c's. They've replied to my dispute letter saying they've complied.

 

I even Subject Access Request'd them to try and get it, but nothing to do with the CCA was enclosed whatsoever....

 

 

When I SARd them I only received statments...

[lexis200]

Thanks again Pinky:)

 

About the SAR's - if you specifically asked for it, I'm pretty sure they have to provide. I'd be tempted to pose the question to those in the know, and if I'm right you need to get a non-compliance letter off to them, and if they don't respond then also to the ICO.

[SB100]

I've already asked in a couple of places- is there anyone in particular that I can pm?

 

Thanks

[Pinky69]

They are talking bo**l#ox! They must send you a copy of the agreement on request and their refusal to do so tells you they haven't got one. This must be a be a new tack because they never have them! I wouldn't chase them for it. Once I had sent the request, I would wait to see what they come up with next and reply to that - direct to their complaints department. You never know what they will come up with next - they are a wonder to behold.

[hillards]

If you followed the usual procedure to request your CCA by using the template letter and sent that with the correct fee then they MUST comply, or fail to uphold their claim against you.

 

Try IadaInFife's letter - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

If you specified that the CCA should be supplied as part of a SAR then they should have done so, or have they failed that request as well. A lot of people accept that the SAR is just for the OC to send a loads of statements or a complete printout of transactions.

 

If the request is worded correctly you could ask them for trasnscripts of all telephone calls, as recorded by their operatives - which can often turn up some quite unexpected comments... A SAR is supposed to provide you with EVERYTHING that data controller has on file against you, the subject.

 

How many readers of this now feel rather short changed?