capital one

[lynnuk]

I hope someone can help. I had a capital one card with a limit of £200 and i had a late payment which now with the charges added they say i owe £490.18. They have passed this onto Debitas which after readin this site i now know is part of capital one. When they rang they said i had to pay £30 for 3 months which i can't really afford but have managed 2 months so far they took my card details an just take it straight from my bank using my debit card. Do i have to pay these charges and can i stop them taking it straight of my debit card. Wish i had found this site earlier

[hagenuk]

You can cancel the instruction with your bank and you should do this without delay.

 

Then send the SAR leter (unless you already have your statements) in order to calculate the charges they have added to your account.

 

The address I used for Capital One is

 

Capital One

250 Euston Road

London

NW1 3JJ

 

Keep posting and keep asking questions, you will get all the help you need here.

[lynnuk]

Thanks what is the SAR letter an does it cost anything

[hagenuk]

Hi

 

here it is,

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

The maximum charge for this is £10, you may find that this gets refunded to you, my SAR letter went out earlier this week and as yet I have not heard back so cannot comment.

 

Some have had success by just telephoning and asking for copy statements, others by sending the letter but editing out the part about enclosing £10. Personally I would send the cheque, you can add this cost to your claim in any case. It might also be advisable to send it via recorded delivery. I have read that some feel that this extra cost is not justified. My opinion is that, for what it costs, it saves any problems later. For example, when nothing turns up and they claim not to have recieved your letter! It does happen!

[lynnuk]

been to bank this mornin to cancel it but because it's not a direct debit or standing order i can't stop it i have to phone debitas and get them to stop takin it out my bank....which i think they will just take it anyway will i ever be able to stop it it's due to go out on monday:evil:

[hagenuk]

Can you explain exactly what kind of payment it is? Surely if you give your bank an instruction to cancel a payment then it is cancelled?

 

If necessary then cancel this card and get the bank to send you another one, that would take some time of course, but at least the payments to Debitas would stop.

[spudmash]

i had this problem with my debit card and no the bank won't stop any payments on it. i had to cancel my card..i told them i lost it it's quicker...and the payments all stopped hope this helps spud:)

[lynnuk]

thanks for the advice if i cancel my card today would they still be able to take the money out on the 9th which cause it's a weekend that means it will go out on monday.

[lynnuk]

in reply to hagen uk i just gave them my card details over the phone so they could take the payment straight away i haven't done a direct debit or standing order they just use my card details whenever they take the money out

[spudmash]

if you cancel the card then all payments will stop as they could be fraudulent for all the bank knows

[lynnuk]

Thanks for that i cancelled my card last nite told the bank i had lost it so i suppose i'll be hearing from them soon when they can't get a payment out of my bank.

[lynnuk]

well i cancelled my card said i'd lost it and guess who rang this mornin because they didn't get paid yesterday. I wasn't in so i haven't spoke to them yet but they have left a message for me to phone them back. What do i say to them when they phone back the company is N C O europe has anyone heard of them.Thanks

[GUTZYBASSETT]

Hi There, Nco Are A Debt Collection Agency,

Ive Dealt With Them In The Past, Nice At First But They Can Turn Nasty With Letters And Phonecalls

[lynnuk]

Thanks does that mean they will be phonein me all the time ggrr i hate it when people do that. I know one thing i'm not givin them my card details again when i get a new one.

[grahambl]

Mate, phone up Capital One and tell them that you are intending on getting them to refund the charges and that you consider the amount due to them to be in dispute (because most of the money you owe them is in charges). Tell them you want them to take the account back from Debitas because they cannot pass on your account to a collection agency because the amount owed is disputed. By law they are not allowed to pass on the account if that is the case. I read elsewhere in the forums about someone else doing getting it taken back in similar circumstances. I am not certain but I would presume the same applies to your account despite Debitas being part of Capital One. Then tell them you refuse to pay off anything unless you get both your statements/list of charges. Then start sending the letters...

 

Just be firm with them.

[grahambl]

One more thing. Next time they call tell them you only want to receive written correspondence from now on. Again, legally if you ask then they have to comply.

[hagenuk]

If they do not then send them this letter so that they are in no doubt about what to do. Sometimes the poor darlings can be a bit slow on the uptake!

 

Dear Sir/Madam

Ref:

Despite my letter regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letter stated quite clearly to you that I require all communications in writing for future possible Court use. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

I trust that I have made myself understood on this matter.

 

Yours faithfully

[lynnuk]

thanks for the advice guys i will be on the phone 2moro will let u know what happens

[lynnuk]

After being on the phone to capital one for 6 mins listening to the music an not talking to anyone i decided to put the phone down. Would it be ok if i sent them a letter about the charges and the amount owed being in dispute...or even an email...thanks

[grahambl]

Yeah, there is a message function with Cap 1 when you sign in to your account online. i would use that and also send a letter. when i called them the other day i was on hold for a while but eventually got through

[hagenuk]

Yes, in fact I would advise editing the above letter and insisting that all future communication be in writing. There is no need for you to be talking to anybody and certainly if you intend to be making any claims for charges all correspondence should be in writing.

 

Have you sent your SAR letter? Unless you have copies of all your statements then this should be your first task.

[lynnuk]

Thanks grahambl can't get into my online account though don't know why i'll just post them a letter anyway

[lynnuk]

cheers hagenuk just gonna do a copy of the SAR an get it posted to get the ball rolling i've found a few copies of statements but not enough. Thanks for your advice

[lynnuk]

One good thing i got my new bank card this morning so wasn't to long with out it and they certainly won't be getting my card details

[lynnuk]

recieved a card through the post this morning from nco sayin that someone was goin to call at my house on tuesday so just wrote them a letter telling them not to bother coming and not to contact me again unless it is writeen communication and that the account is in dispute so i have asked capital one to take the account back. Wait an see what the reply is will keep you posted.