Capital One-harrasment

[tamadus]

MichFergie, calm down please and think rationally. First if you refuse to make payments they will default your account and issue court action against you.

 

So lets deal with them correctly and within the limits of the law otherwise we descend to their level. Have you actually started the process of making a claim yet ? If not then send modified versions of the letters above and a DPA SAR by recorded delivery immediately. After that you are dictating the time frame and they have to follow it or end up with another court claim against them.

 

Don't let your anger and frustration enter into this in anyway, that is what they want you to do as you then make mistakes, stay calm and rational at all times with them. There are plenty of people on this site who have felt the same way at some stage in the process, but we have to follow the process carefully.

 

I regard this as a game we are playing, but now we are playing it on our terms not theirs. You can always PM me if you want help.

[amber2508]

Again this is modified from a letter found on another thread, please adapt it to suit your own individual cases. Basically they have 12 working days from receipt to supply a copy of the signed credit agreement, after that they go into default and have a total of 30 calender days to provide it after which they are commiting a criminal act and the debt becomes unenforceable in law, so this is a very serious situation for them.

 

Hi tamadus. While i understand your letter to capital one for the harrassment to cease i am wondering why you are sending the CCA agreement request. Is this for something totally unlinked to the harrassment issue?

 

[tamadus]

its actually very simple, the CCA letter serves 2 purposes. First it creates a situation where they cant chase the debt in any form until such time as they can prove the debt by producing the signed agreement. Secondly if they can't produce it they have no claim on the debt as it becomes unenforceable in law and they have to correct any adverse entries made against you in relation to the debt.

 

There is a third reason of course I just like to rattle their cage as much as possible and a CCA letter does that better than anything else I have seen so far

[uglysister]

pleased i am not the only one having trouble with them. i wrote telling them i had finished work and as i was paying the insurance thing every month i thought they would make payments for me. but i never got any answers back and now it is going to court because i can not pay the amount the debt agencey wants. plus they would not send me out any payment slips to make smaller payments because i had not paid any money. i will get payment slips when i make the first payment .well i am confused about this. the amount was £200 and now stands at £550 .

[pmhcfc]

pleased i am not the only one having trouble with them. i wrote telling them i had finished work and as i was paying the insurance thing every month i thought they would make payments for me. but i never got any answers back and now it is going to court because i can not pay the amount the debt agencey wants. plus they would not send me out any payment slips to make smaller payments because i had not paid any money. i will get payment slips when i make the first payment .well i am confused about this. the amount was £200 and now stands at £550 .

 

I assume you are talking about Capital One Uglysister? If so, explain in greater detail on here about your account...If it's still with Capital One, then you need to send them a S.A.R - (Subject Access Request) immediately (unless you already have all your past statements). If it's with a DCA then you need to send them a CCA, and explain to them that the account is now 'in dispute'. Make sure you send the correct payments and make sure they are sent recorded delivery. If your CC limit is £200, then there is at least £350 in unlawful charges on it- if not more...There is so much help on this site, it's the best things that's ever happened on the internet..I personally can't give enough credit to the many people on here who give out the fantastic adivise that they do...So calm down...Deep breath and let's 'go get them!'

[clairus99]

i wouldnt enter into any conversation with them. i had the same level of harrassment from yes car credit a year or so ago and apart from getting help from the caller display in order to avoid answering but if i got caught out i would just hang up on them.

 

you could also try singing or just saying, "sure, i'll get her/him for you" and see how long you can get them to stay on the line before giving up.

 

i have a feeling that it's an automatic outbound dialler (??? cant remember what they're called) that dials if your account is flagged up, so they're not going to stop calling. we did get a non-geographic number for them to call, saying it was my work number, but they never called it.

 

In the future, try and give them a non-geographic number - i never give my home number out to companies any more.

 

best of luck people

[tattietoo]

We have come up with the perfect solution to No phone calls. We moved recently and have voted not to have a BT landline! No more calls and only the people we want have a mobile number. Works a treat. Now I am going for them as I don't, as a rule sign the Payment Protection bit and I have been charged since I had the damn card. See what happens

[g60]

My mum is having problems with the halifax keeping ringing her about my debts and i've not lived there for 4 years....

 

They keep ringing about 5 or 6 times every day and wont acept that i dont live there anymore....

 

What can i do to stop them calling her???????

[steven4064]

Hi g60 and welcome to CAG

 

Send halifax this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

As it is your mum they are ringing you could add a paragraph pointing out that their activities are unfair under rules 2.4(f) and 2.6(i) of the OFT guidelines on debt collection.

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows: ...

f. pursuing third parties for payment when they are not liable

 

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:...

i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so

[alex1640]

I received yet another call from these jokers, and after trying to explain the situation, I was interrupted many times, and I was finally told to 'Shut up stupid':o, when I advised I would like a supervisor, I was told 'not to be so stupid, there are no supervisors', they then promptly hung up!.

 

Until the next call then!.

[steven4064]

In the letter linked above it says you will report them to OFCOM, OFT and Trading Standards. Do it. If you can record a couple of calls first that would be helpful - you don't have to tell them you are recording calls. Send a copy of any tape to OFCOM and OFT with your complaint.

[ozzywizard]

Is there a way with cap one to check your balance other than waiting for the monthly statement. Seems when I go to a cash machine it says service not recognised by issuer or somthing like that.

Me just recently got a card and would be good to continually check on my balance.

[ozzywizard]

Anyone ?

[sillygirl1]

One Crap1 operator who called me at my old address could barely speak English, so I asked them to hold whilst I got my upstairs neighbour, who spoke 15 different Indian/African languages.... he had great fun with them.

 

They do break the law and seem to get away with it as a lot of people aren't aware that they have rights too... this is the key to debt harrassment - don't let the person you are chasing know they have rights... they don't when they are in debt.

[sproetjes54]

hi,this is my first ever post....with regards to crap1,when they called last few times...i gave details they wanted said could you wait one moment while i check paper-work,stuck phone behind cusion,then went to tesco's leaving the popus Piers Morgan saying half a dozen hellows to the back of my sofa....do this every time...by the way does anybody please know the correct posal address to send the first request letter to? keep focused everyone and good luck !!!

[steven4064]

Hi sproetjes and welcome to CAG.

 

You will find all the egg addresses here