Me v Capital One CC

[traceyb918]

Great, thank you i'll SAR them today.

 

Tracey

[traceyb918]

Sending this:

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard my credit card.

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organisation:

-Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to my credit card with your organisation.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

[creditcardmug]

tracy, the SAR letter, in case you need it,

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[traceyb918]

Thanks CCmug x

[traceyb918]

SAR copied and printed will post tomorrow, thanks for everyones help:p

[traceyb918]

How can I get this thread moved to the Crapone forum???

[Falcokeith]

Hi Tracey,

Im still following your thread with great interest and learning a lot from it.

I have decided to go for one debt at a time, i have 10, and just sent no1 on the list a full and final offer with a threat to SAR and LBA if they dont accept.

[creditcardmug]

How can I get this thread moved to the Crapone forum???

 

You can click the red triangle and ask a mod to move it, but more people read this forum, up to you

[atwozee]

Just going back to your Default Notice – If I were you I would have a good scan over the alleged agreement and see if there is a clause 8 – if they are referring to something that isn’t actually in the agreement then the DN is most likely a bit iffy to say the least – just something to keep under your hat if they (or anyone else) decides to pursue you through the court.

[traceyb918]

Thanks ccmug i'l just leave it.

 

Tracey

[traceyb918]

Thanks atw I dont even think it was a vaild default notice!

[traceyb918]

Ive just checked my credit file Crapone have put a default on my account on 3.12.08 can they do this to a disputed account, could someone with some knowledge check the default notice for me.

 

Thank you Tracey

[traceyb918]

atw, i now understand what you mean by section 8, there is no section 8 on the alleged agreement.

[traceyb918]

Bump x

[davey77]

They never agree that the account is in dispute (even when it is) so they tend to do as they please.

 

Seems to be the case that the only way to sort the Default out is to sort the agreement issues out thereby putting you in a position to argue a case for it's removal.

 

I would certainly write to the CRAs and tell them to put a dispute notice on the file to show that you disagree with it.

 

Others with more experience of handling the Default situation may have further input.

[traceyb918]

Morning,

 

Ive received a letter from Capquest Debt recovery, "Creditors Notice", not sure ow to proceed now, any suggestions?

 

Thank you Tracey

[traceyb918]

Bump

[traceyb918]

Hi

Should I be sendng a letter something like this:

 

With reference to the above account and your letter dated 11 March 2009 “Creditors Notice”.

I would advise you that Capital One are now in criminal default and have been since December 2008, I have reported them to the OFT and Trading Standards and will be forwarding all copies of correspondence.

1. A true signed copy of my original agreement with Capital One Bank (Europe) Ltd

2. A true copy showing the deeds of assignment or sale of the account to Capquest.

3. A financial statement showing transactional details including current balance.

4. A clear explanation which informs me as to whether you are acting as agent or assignee for the alleged debts on the account and/or have power of attorney.

I am also in the process of recovering all late fees and over-limit fees I have paid since my account opened which is amounting to £350.00.

 

I owe them £900,should I make a F&F offer????

 

 

Help!, m demented

[creditcardmug]

Theres no "criminal" default anymore, that was removed last year

[traceyb918]

ok thanks ccmug apart from that is the letter ok???

[Tweeney]

I am reading all these threads with great interest. I too have had loads of problems with Crapone and now Debitas.

 

I have tried to make an arrangement with Crapone to pay £1 per month, as advised by CCCS, but they just keep stalling. The only time they took notice of the letter I'd sent, instead of sending their standard bullying letters back, someone actually read it, and as I hadn't signed it, said they couldn't respond as I hadn't signed the letter! Hence, I sent a letter back, signed, but not my usual signature. Surprise - letter comes back from them today saying they can't respond as my signature differs from the one they have on file!

 

Don't tell me someone actually checks the signatures??? Or have they cottoned onto the fact that we don't do "normal" signatures for fear of copy and paste by them??

 

Makes me laugh really at the levels they go to!

[creditcardmug]

I am reading all these threads with great interest. I too have had loads of problems with Crapone and now Debitas.

 

I have tried to make an arrangement with Crapone to pay £1 per month, as advised by CCCS, but they just keep stalling. The only time they took notice of the letter I'd sent, instead of sending their standard bullying letters back, someone actually read it, and as I hadn't signed it, said they couldn't respond as I hadn't signed the letter! Hence, I sent a letter back, signed, but not my usual signature. Surprise - letter comes back from them today saying they can't respond as my signature differs from the one they have on file!

 

Don't tell me someone actually checks the signatures??? Or have they cottoned onto the fact that we don't do "normal" signatures for fear of copy and paste by them??

 

Makes me laugh really at the levels they go to!

 

 

You may laugh, but all this is sadly true, the reason they want your signature is to (alledgedly reconstruct an agreement)

 

Remember, you are dealing with a very greedy american bank, whose only goal is to get out of the uk market, losing as little money as possible....they know their "agreements" are useless in uk law, they harp on about american law applying in an attempt to get the unaware to pay up.

 

They are prepared to go to almost any lengths to acheive this...if it doesnt work, they sell the debt on to a local uk bottom feeder, for pence in the pound, who then try to begin the whole process again

 

The sad fact is that MOST people are taken in by this nonsense, but of course the ones who have found CAG in time are well informed

[Tweeney]

CCM - I totally agree. They are out for all they can get and unfortunately, as you so rightly say, unless people are aware of this wonderful site, they will get most of it.

 

Unless we can all stick together and boot 'em out of the UK!!

[traceyb918]

Hi all,

 

Update received 2 letters, i'll post them up later first from Capquet putting the account on hold for 28 days whilst they gather up the requested information and 2nd from Crapone telling me to bugger off they have provided me with all am getting and the will not be comunicating with me any further.

 

Tracey

[davey77]

Hi all,

 

Update received 2 letters, i'll post them up later first from Capquet putting the account on hold for 28 days whilst they gather up the requested information and 2nd from Crapone telling me to bugger off they have provided me with all am getting and the will not be comunicating with me any further.

 

Tracey

 

Their left hand knows what their right hand is doing as per usual then

 

At least you have the account on hold for the mo..