Help and advice sought Crap One

[nish40]

I have an ALcapone card, with a £200 limit on it.

 

I have recently received a statement saying the card is over limit by £34.

 

I contacted Capital One who stated the following.

 

On December 16th i withdrew £10 from an account with a balance outstanding of £186. On top of that there was a cash charge of £3 for withdrawling from an ATM.

Firstly, i never used my card at all in December 08, in fact i rightly pointed to a date i last used the card which was Sept 27th 08.

 

I asked Crap One for a summary of the last 3 months statements as to how my card is over the limit.

In September 08, i paid £20 to my card which took the balance to £174 approx. I used the card for a sum of £17 in a shop.

Then in October 08 i paid another £20 on to the account.

Now when i got a statement for November, they had my account overdrawn by £9 and some pence. I complained and they said a charge had gone on to my account for over limit fees, i complained buit hit an indian brick wall ???????????

On 9th December 08 i paid £30 on the account, and in Jan 09 got a statement saying i was £34 overlimit.

NOW, i stated, after they said i had withdrawn £10 and gone over limit, that i had not taken any money at all, My missus while we were out put the card in by mistake, then cancelled the txn straight away and put the right card in. I explained this, and said there must be a fault or fraudulent txn but they would not even except the complaint, they just wanted me to pay the arrears of £34 then £10 monthly payment.

Since then they phoned my work daily, i got into a lot of crap cos of it, i wrote and told them on the phone to stop ringing, and it carried on.

I have sent a recorded delivery letter to ask them to stop phoning my work, and to ask a member of Management in Fraud to ring me on my Mobile, and also told them, i was disputing the account and i want a copy of a signed credit agreement.

They have stopped calling work.. BUT..keep miss calling my phone up to 6 times a day, i know its them cos the idiots forgot to use a withheld number. No calls from Fraud, nothing. What can i do next?

Any suggestions or should i just wait for an answer by mail. Thanks.

[nish40]

Just a quick post.

 

Just had a woman from Crap One phoned called CRIS,from the Phillipines, asking for payment, i made it clear that in the same letter as the phone number, was a CCA request and a notice the account is in Dispute, she hung up refusing to deal with the complaint.

Edited February 20, 2009 by nish40

[nish40]

Anyone know what i should do next???

[nish40]

I'm off for the weekend now, i hope someone may be able to help over the next few days.

Also, do you think i should send an S.A.R. as i wouldn't mind going after a refund of charges

[Audreygreeneyes]

send the letter again only reg post this time. andif you are sure that you never used it then you have to tell them the card has been fradulantly used....

[Audreygreeneyes]

you could have your mob number changed by your provider. you will keep everythign in your phone book just not them:)

[Hugh Jeffort]

If your sure its fraudulant use, contact the police and report it, get a crime number then write to crap one again stating the crime number and asking what they intend to do! Unfortunately theres not alot else you can do about it, its a funny area fraud, apparently you have to stand guard at all cash points to ensure no one uses your card illegally. Had my MBNA card robbed a little while back, in all honesty though MBNA sorted it quite quick, they have since put my APR up from 14% to 35.9% in one month so I still think they are ar**holes!!!

[nish40]

Thanks for the advice guys.

I sent the letter recorded delivery Saturday, photocopied it and stuck the recorded delivery reciept to it.

 

I have told in the letter as well that the card was in my possession and not used so either it was a clone card or a fault their end.

I told them im not paying till its sorted out and the charges and amount missing are refunded

[nish40]

If your sure its fraudulant use, contact the police and report it, get a crime number then write to crap one again stating the crime number and asking what they intend to do! Unfortunately theres not alot else you can do about it, its a funny area fraud, apparently you have to stand guard at all cash points to ensure no one uses your card illegally. Had my MBNA card robbed a little while back, in all honesty though MBNA sorted it quite quick, they have since put my APR up from 14% to 35.9% in one month so I still think they are ar**holes!!!

Hi mate, had a word with a mate of mine used to work at MBNA, he said the reason the interest has gone up is that the system recognises most irregularities, including fraud, as a misuse and automatically changes the promotional APR to their base rate.

 

Call and ask to speak to CUSTOMER LOYALTY they should change it back for you.

[nish40]

I sent a CCA request to crap 1, and informed them im disputing the account, in return, got 2 letters stating what charges have been added.

Can anyone tell me what letter to write to the muppets now. Thanks

[silverfox1961]

Morning,

 

My best advice for Crap1 is to wait the 12+2 working days, send the A/C indispute letter but in a separate letter make a formal complaint about how you have been treated. Include dates and time of the silent calls and how you think this as harassment.

If it comes to it, your phone company may be able to supply you with a list of calls received on your phone. It's all malpractice.

 

I suspect that before you know it, your account will be with our friends in Leeds.

 

fox

[nish40]

Morning,

 

My best advice for Crap1 is to wait the 12+2 working days, send the A/C indispute letter but in a separate letter make a formal complaint about how you have been treated. Include dates and time of the silent calls and how you think this as harassment.

If it comes to it, your phone company may be able to supply you with a list of calls received on your phone. It's all malpractice.

 

I suspect that before you know it, your account will be with our friends in Leeds.

 

fox

Hi Silverfox, Thanks.

 

Well i had my 'credit agreement' from Crap 1, i have no scanner at the moment, but i will try and sort something to post them.

 

What they sent is a double sided letter. On the front its just a bog standard letter, saying my acc no and credit limit, then says see over for agreement, then on next line says we have omitted your details for safety reasons. I know i never signed a credit agreement, it was just an App form. The letter has no interest rates, no signature details, and then just says my card is overlimit by £82 which is all charges.

 

Another letter just answers my queries on the phone calls, all the usual guff.

 

What follow up letter should i use from the templates, as i know they dont have a signed agreement, im thinking of claiming all the charges back, so they will outweigh the original balance outstanding

[silverfox1961]

Morning Nish,

The A/C in dispute letter is the way to go but I would bet your Cap1 account has more than £82 in charges so a SAR may be required to get all the details and then you will be able to work out what to claim back however, as the agreement is duff they can't get a penny off you. If at a later date they do come up with a valid agreement then that's the time to get your charges back.

[nish40]

Morning Nish,

The A/C in dispute letter is the way to go but I would bet your Cap1 account has more than £82 in charges so a SAR may be required to get all the details and then you will be able to work out what to claim back however, as the agreement is duff they can't get a penny off you. If at a later date they do come up with a valid agreement then that's the time to get your charges back.

Morning Silverfox. Thanks, i got an S.A.R. going to Halifax so ill wizz One off to Crap1 as well.

The S.A.R. should have the 'original signed agreement' in it should it not? cant wait for this lol

[silverfox1961]

Morning Silverfox. Thanks, i got an S.A.R. going to Halifax so ill wizz One off to Crap1 as well.

The S.A.R. should have the 'original signed agreement' in it should it not? cant wait for this lol

 

If it's anything like the one I got with my SAR from Cap1 then it will be the usual rubbish. When you get it back, keep the envelope. Mine was dated 17/2 but the letter inside was dated 29/1.

 

They will include screenshots which will be quite small (two to a page). Read them carefully. I found a lovely snippet on mine which will stuff Lowells should they try it on again.

[nish40]

If it's anything like the one I got with my SAR from Cap1 then it will be the usual rubbish. When you get it back, keep the envelope. Mine was dated 17/2 but the letter inside was dated 29/1.

 

They will include screenshots which will be quite small (two to a page). Read them carefully. I found a lovely snippet on mine which will stuff Lowells should they try it on again.

Will do thanks again, ill keep you posted

[nish40]

Been quiet on here for a while, but would like a bit more help if possible.

 

Right, sent an SAR but got Postal Order back, and it was never sent to me.

Got a letter off Debitas. so i wrote and explained as Crap1 have not complied with my CCA i will not pay anything till both the request is complied with, and they look into my fraudulent claim.

3 weeks ago i got a letter from Power2Contact, i wrote to them the bemused letter, and also wrote the account in dispute letter again to Crap1 and informed them i am going to seek guidance from OFT.

 

Power2 wrote said it is being sent back and they will deal with it no more, then Debitas wrote with recent charges added.

Today i got a call off Debitas, when i refused to answer Security i was called a cocky sos and so then he hung up.

 

So Crap1 have ignored my CCA and have ignored my letter in dispute, and so have Debitas. What can i do next please.

[the_shadow]

So Crap1 have ignored my CCA and have ignored my letter in dispute, and so have Debitas. What can i do next please.

 

The same as you have been doing, to each dca that comes running send the bemused letter.

 

debitarse is crapones internal dca.

 

S.

[nish40]

The same as you have been doing, to each dca that comes running send the bemused letter.

 

debitarse is crapones internal dca.

 

S.

Thanks i will do, must admit i am enjoying it, just want them to go aay now lol