Capital One - Ongoing Issues - Useless!!

[loobyloo35]

I have been over my £200 by about £50 for a while and I was making payments online via debit card.

 

They carried on adding the £12 each month for being over my limit, then out of the blue they denied me online access.

 

I telephoned them up and they said I could not have online access as I was over my limit which I explained was a load of cr*p given I have been over the limit for approx 6 months and was just clearing the interest payments that they were adding on.

 

The problem being is because they outsource their call centres to a foreign country they didnt seem to understand what I was trying to say and in the end I got nowhere and they just kept telling me to pay the over limit.

 

Anyway to cut a long story short, I stopped paying them as I couldnt access my account online, they have continued to add charges to my account and I have written a letter of complaint as I am not happy with the way I have been treated - this letter was sent way before Christmas and havent heard anything back other than a "thank you, we will be in touch shortly".

 

I have now received a default notice and I telephoned them up asking to discuss a payment plan. They wanted a payment of £150 which is clearly made up of charges and this would help bring the balance down - think its now around the £400 as they keep adding these £12 charges each month plus interest etc.

 

Anyway, as I do not have access to my online account anymore, I have received paper statements either so have no way of knowing what they are charging me what payment needs to be made or anything!

 

I have no issues in paying the money BUT I want access to my account, I want to either receive online statements or paper statements and to get the default removed due to their inability to communicate this has been wrongly added - albeit their argument will no doubt be something to do with the fact I havent paid - but as I don't have access to my online account, surely that is grounds for a row!

 

Any help or standard letter to send them would be very much appreciated.

 

Thanks again.

[cadencealex]

I am in exactly the same position as you. I have been told I must contact the head office if I want to complain, as there is nothing more they can do for me over the telephone.

 

And head office doesn't have a telephone number - what if I said I couldn't write?!

 

Surely every department must be contactable by telephone, not that I WANT to speak to the smug bleeps :-|

[loobyloo35]

Ok so to update, I have now received a default notice from Crap 1 and have received a letter from Debitas, who, guess, what yep they outsource their calls to a foreign call centre as well.

 

I replied to their letter immediately requesting a signed copy of the Credit Agreement, to date nothing has come back.

 

I got home this evening to have another letter from them demanding that I call them otherwise within 7 days someone will be knocking at my door! Its clearly a standard printed letter, but I rang them anyway and got through to someone I could hardly understand.

 

I tried to explain that only £300 of this is mine and that the other £150 is unfair charges, however, he said he knew nothing of this and that the debt was with Capital One and I would need to speak with them.

 

They want a standing order payment of £17 a week over the next 24 weeks to clear this debt, yet this will include the £150 charges if I was to pay at this rate for the 24 weeks.

 

Why are Crap 1 so bloody crap at replying to letters? I will start the standing order payments, but I will make payments on MY terms and to which I can afford each week - £10 a week is what they will be getting! I have just had to take a pay cut so they can go forth and multiply!

 

Can I just alter the payment plan as I see fit? Is there another standard letter I can send? I have sent the CCA request and request a full breakdown of these charges which I am still waiting to hear back from?

 

Thanks

[cadencealex]

If I were you, I would tell them to pi55 off.

 

They have defaulted you - they have screwed you over for the next 6 years.

[Bookworm]

Why don't you simply send then a SAR, they'll send you all your statements, you can work out your charges and start your claim there and then. Once they repay the charges, your account will be way back down again and you can proceed with paying off what you owe them and all will be well. Wouldn't that be simpler? :-?

[loobyloo35]

Right, I will get on the case with this and see what comes back - thanks for the guidance.

[loobyloo35]

Hi, the £1 cheque cleared today to request a copy of the CCA.

 

If they have one, what is the next step? They have put charges on this account so can I just ask for a breakdown of charges or will I need to pay for this request?

 

Any help greatly appreciated, thanks

[Audreygreeneyes]

Loo I would also write ot them informing them the account is in dispute.... ( the charges issue) and send a copy to Debrats as well.....

 

send everything recorded. do not deal with them on the phone.. only in writing.....

[loobyloo35]

Thanks - can you point me in the direction of the dispute letter as well please and I will send it to these cowboys today.

 

Also, can I get the default removed that CRAP ONE has placed on me whilst this is in dispute?

 

Thanks

[loobyloo35]

I have today received their printed leaflet of their agreement, but this cant be the correct one given there is no space to put a signature.

 

I have also received a standard printed letter with my name and address at the top and to the right hand side my credit limit and account number. Again, on the other side is a list of their credit agreement, with space for a signature, but NO signature of mine, which makes me think this letter is just a freshly printed blank copy.

 

I have also received a covering letter from them that states "please find enclosed a copy of your credit agreement as requested. In accordance with Section 78 of the blah blah blah. This is your original agreement, and if any terms have been varied then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

 

it also states in the letter than under Section 78 they do not have to provide me with a copy of the default notice.

 

Ok so they have provided me with COPIES and not originals, so where do I go from here please?

 

Thanks

[cadencealex]

I have today received their printed leaflet of their agreement, but this cant be the correct one given there is no space to put a signature.

 

I have also received a standard printed letter with my name and address at the top and to the right hand side my credit limit and account number. Again, on the other side is a list of their credit agreement, with space for a signature, but NO signature of mine, which makes me think this letter is just a freshly printed blank copy.

 

I have also received a covering letter from them that states "please find enclosed a copy of your credit agreement as requested. In accordance with Section 78 of the blah blah blah. This is your original agreement, and if any terms have been varied then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

 

it also states in the letter than under Section 78 they do not have to provide me with a copy of the default notice.

 

Ok so they have provided me with COPIES and not originals, so where do I go from here please?

 

Thanks

 

 

I am not quite sure. They did manage to send me the original agreement I signed, which seems to be all there and correct terms etc..

 

... my argument is they can't default me because of all the unfair charges. I hope that is correct.

 

 

This has to be without any shadow of doubt, the most incompetent company I have ever in my life come across, in terms of the stupidest call centre staff anywhere.

[Desperate Daniella]

Hi Loo,

 

Can you post up what they have sent you so the experts can have a look. If this is an old account I'd be surprised if it is enforceable. Are you on Sunflower's or Beachcomber's threads? There is a lot of info there.

 

I haven't even started a capone thread yet as all they sent me was bit of paper with a signature box, but it's clear from the agreements posted on their threads that capone is all over the place, implying terms were on the back of the applications when they clearly weren't, conditions referred to which aren't there, and so on.

 

At some point Capone are going to have to let someone see their original agreements, which we have a right to do. Sunflower has asked to 'visit' hers, and been ignored. In fact, a group of us thought we'd go together and have a day out in Nottingham.

 

While it is in dispute you don't have to pay them anything.

 

DD

[loobyloo35]

Hi, thanks for your comments.

 

I have the facility to scan but not upload due to being at work and the internet police blocking interet sites !

 

Can anyone help or advise another site other than photo bucket please?

[loobyloo35]

Whilst I think of it, I havent been able to access my account online since August 2008 plus I have NOT received statements even though I have received various chasing letters.

 

Is this any ammunition to get the default removed?

[cadencealex]

I must warn people.. they pulled my original signed agreement from 2005 out meanwhile fobbing me off with a generic rubbishy one!!

 

So just to let people know, they might send you a true copy but they may also have the original there. I managed to request mine over the phone!

 

It is a double sided one, although I have been sent it in two pages.

 

The only thing possibly unenforceable on it is the fact there is a tick box for PPI and not a separate agreement.