Me v's Capital One :o)

[Guest Alison82]

Need some advice here - I am getting to the point of feeling VERY harrassed by Capital One

 

Usual story went over my limit by £10 - got charged for going over limit then missed a payment, and end up with stupid charges and being £250 odd over limit (becuase of charges and interest)

 

The hound me, phoning house phone, mobile and texts to mobile - I tell them I will pay £50 a month by online banking - they carry on phoning me every 8 days - I keep telling them the same thing and making the payments. They still keep ringing me.

 

They have now stopped the chargers for being over the limit (how kind!?!?!) but say even though I am making regular payments LEGALLY they have to ring my every 8 days until I am back within my limit (about 5 months paying the £50 a month)

 

Can anyone help me to find out if this is correct :o/ Getting the phone calls nearly once a week, telling them the same thing.

 

I haven't tried to claim back any charges from capital one - I sent the first letter to nationwide and got the standard we make these charges because letter. I don't think I can face chasing Nationwide or captial one on the matter if I am not going to get anywhere

 

Just really don't beleive that legally they have to stay in contact with me all the time I am over my limit and ring me every 8 days.

 

Any advice or help would be very much appreciated

 

If they ring and say "can I speak to mr jdonaldson"

say "yes"

when they say "can you confirm your d.o.b, first line of address etc.."

say "no"

there is nothing they can do then they can't go any further. Have some fun with them, I like saying "hold on a minute" then leaving the phone on the sofa for 10 minutes or so, they soon get bored!

 

Sorry you having such a hard time with them.

[maggie]

thanks.will do.i realise now from your post,that indeed they have put in writing,that they are intending to break the law.youv,e been a great help with your reply,and i think i will send a second letter to mr.lee.powell,informing him of this fact.

[Movingon]

*glows*

[tumbleweed]

Having had the pleasure of Crap1's multiple phone calls and had some fun with verification questions which I always refuse to answer, one operator told me that my date of birth and postcode were publicly available. I sent them a message asking if this was true how can they be used to verify my identity? The reply was we have to ask these quesyions as defined by the C.P.A. I have asked which sections as I can't find out where, (in truth I have not looked that hard). Any comments.

[maggie]

i have written the following reply to lee powell from crap 1 .please would anyone be so kind as to check it over for me and let me know if it,s ok to send it.thanks in anticipation.maggie

dear mr powell,

in reply to your letter dated xxxx,re harassment,informing me that your legal dept feel that my wish for your telephone calls you make is not classed as harassment ,only if they were made several times a day,(which they were .4 calls in under 20 mins,which i logged,and went on for weeks not days),you have now informed me in writing that you intend to continue with these calls until my acc. is brought back up to date.

this reply from you can only be classed as a pr-meditated crime.

with reference to my previous letter to you,stating that all contact be made thru the royal mail,and not on my telephone,you have decided not to abide by the following laws.

section 40 administration of justice act 1970

protection of harassment act 1970 ,article 8 human right act 1990=right to respect for private and family life

your intent would clearly constitute unlawful harassment and breaches the above acts

if i am contacted by yourselves on my telephone once more,,you have committed a criminal offence under the wireless and telegraphy act 1949

i have made 2 copies of your letter,and if my wishes are not complied with,i will give a copy each ,to the police and oftel,

as i have informed you in my previous letter,the arrears on my acc.,in the most,are due to your unlawful excessive charges,which,as i have informed you previously,i will be pusuing seperately.

i await your reply

name and acc.number-------

[Movingon]

If I may, I'd like to make some adjustments?

 

Dear Mr Powell,

 

I refer to your communication dated . In it you state that despite my request that you cease and desist contacting me by telephone, telephone calls will continue until my account has been brought up to date. As you are no doubt aware, having been asked to stop calling a particular number by the subscriber, a continuation of calls constitutes a criminal offence under the Wireless Telegraphy Act 1949. Further to this, I believe your continued calls to be "harrassment" as defined in the Administration of Justice Act 1970 and the Protection from Harrassment Act 1997. I further believe that you may be misusing my personal data as defined within the Data Protection Act 1998, which is also a criminal offence.

 

You have therefore notified me of your premeditated intention to commit a criminal offence. If one more representative of your organisation contacts, or attempts to contact me by telephone, I will have no choice but to report your offence to the Police, OFTEL, the Office of Fair Trading, and the Information Commissioner's Office, and copies of all written correspondence received will be submitted as evidence.

 

Yours sincerely

[maggie]

to stonelaughter(tom)

that is great.thank you very much indeed.will re-do letter and post it this afternoon.youv,e been a great help.

thanks again

maggie

[Movingon]

Maggie! When you send it, send another separate copy to "Capital One". Don't put a name on it! I reckon he may get in the brown sticky stuff right quick like...

 

Send a covering letter that the enclosed was sent to Lee Powell of Capital One on and you would be grateful if someone could record your discontent with his conduct and also investigate the matter...

[maggie]

you are absolute magic,and very clever ,i will go as far as to say,YOU ARE BRILLIANT.

thanks a lot ,i will let you know what reply,if any,i will receive.

maggie xx

[maggie]

stonelaughter.

there are so many adresses for crap 1 ,which is the best one to send them to.?

also,i sent 2 letters out to crap 1 ,to two different depts.one reply was from the polite mr powell,and a second reply was from a nicola straw at their executive office.do you think that i should send her a copy of mr powells letter so that ,with a bit of luck,he will definitely end up in the brown,sticky stuff.?

if you wish,i could e-mail you copies of both letters,so that you can see for yourself ,the replies from both parties.

i would be extremely grateful for your advice on this.

thanks

maggie

[Movingon]

Well, first of all, I think for others' benefits it would be best to keep your records here rather than in my inbox So maybe you could type out Mr Powell's and Ms Straw's replies here? Anyway, if you send mail to Capital One you could do worse than send it to their Nottingham City address - I believe that that's their head office. If you don't address it to anyone in particular, just to "Capital One, 999 blah street, Nottingham" for example, it probably won't go near Lee Powell's "Customer Harrassment Department". The address below is their Executive Office which will probably look into your complaint. Obviously, in a separate envelope, send Lee Powell's little letter from you, too... addressed to the address he gave you.

 

Executive Office

Capital One

PO Box 5281

Nottingham

NG2 3HX

 

 

You should say something like:

 

Dear Sir

 

Account Number: xxxxxxxxxxxxxxx

 

I am enclosing a letter I have today written to a Mr Lee Powell who works for you I assume in recovering debt from users of your credit cards. I would be grateful if you would peruse the contents which speak for themselves and also note my extreme displeasure with Capital One's behaviour in relation to this matter.

 

I would be most interested to hear the findings of any investigation you may undertake in relation to this complaint.

 

Yours faithfully

[maggie]

i really appreciate your help.will post replys on this thread ,if i receive any.

thanks again stonelaughter.

maggie

[richardmckee699]

HI,I'M IN THE SAME BOAT,EVERY 8 DAYS SOMETIMES MORE FREQUENTLY,ITS A CURSE,YOU KNOW ITS THEM WHEN YOU PICK UP BECAUSE THE PHONE IS QUIET FOR A WHILE,ITS GETTING TO ME THAT MUCH THAT ONCE I HEAR THE SILENCE ON THE OTHER END I HANG UP:mad:

[Movingon]

HI,I'M IN THE SAME BOAT,EVERY 8 DAYS SOMETIMES MORE FREQUENTLY,ITS A CURSE,YOU KNOW ITS THEM WHEN YOU PICK UP BECAUSE THE PHONE IS QUIET FOR A WHILE,ITS GETTING TO ME THAT MUCH THAT ONCE I HEAR THE SILENCE ON THE OTHER END I HANG UP:mad:

 

Please don't shout

[maggie]

hi richardmckee699

since i posted off the copy of spiceskulls letter ,asking them to only contact me by phone,i haven,t reveived any more phone calls off crap 1 for nearly a week .as you may read,i did receive a threat of more ,from a mr. lee powell,in a letter from them,but -----silence .it,s wonderful.i am not afraid to pick up my phone any more.

i have written a reply to this mr powell,with the great help from stonelaughter,and i am now waiting for his reply .if they do ring me again,i will not hesitate to take action on it.send them a firm letter,stating that you do not want to be contacted by telephone anymore.,only by letter.please look at spiceskulls letter to them.

and send it.peace and quiet at last.aaaaaaaaaaaaahhhhhhhhhh!!!!!!!!!!

[callumsgran]

Hi, just to say i was getting these phone calls from crap 1 about paying their charges. i sent lba on fri 9th june, they got it on sat 10th june. they rang me again on SUNDAY 11th which i was fuming about and told them so and when they tried verifying my details dob postcode etc. i stopped her and said there was a letter before action in the post and i didnt want anymore telephone contact with them until the matter was resolved! girl said oh! sorry to have bothered you and put phone down. i didnt get any more calls after that and y'day received an offer of all my charges (£120) back:-D

[dolly]

I got a Capital One phonecall today after I had sent my LBA....(I'm £2.78 over my limit, by the way) and was told that it would be passed onto a debt collecting agency who would 'recover the debt by whatever means possible'. I asked her if she was threatening me and she said 'take that which ever way you want to.' I then informed her I was recording the phone call and she put the phone down...gutted as I was really enjoying myself!!

[richardmckee699]

Hi Guys,i've Just Prepared My Dpa Letter,can Anyone Advise Me On The Best Address To Send It To,i Have A Couple Of Different Ones, Lets Get This Show On The Road

[whistleblowing fairy]

'lee powell's' department is below anyone who replies from ERC office. You can tell the difference by the reference on the on the letter if it starts RR it's l'ee powell' if its erc its the complaints office.

 

Most letters go through 'Lee Powell' and depending on what's said in the letter it'll be passed 2 erc office (only if meets fsa guildelines of a complaint). So even if you send the same letter 10 times addressed 2 all sorts of people in different offices it will end up with 'l p' before being passed on.

 

Also I soooooooooooooooo didin't say this and please do not quote this in any way shape or form or mention that you got it from this site if you do put it in your letters. lee powell, left cap1 at xmas, they just haven't got round to changes the signature.

[jdonaldson]

I am so cross!!!

 

Sorry to bump this thread from a while ago...but...

 

Since the letter I got from them back in April I have not had any phone calls - they stated in the letter that they would remove both my home and mobile number.

 

The phone jstu went, and guess who...

 

I ahve jsut had a VERY heated conversation with a lady from capital one regarding my account threatening all sorts if I don't make an immediate payment of £250 now. I have been making my payments to them regualry, and they received one 3 weeks ago. I told her that I ahve a letter stating they had removed my numbers from their system and why were they rigning any further corispondence was meant to be in writing, I even read the letter out to the women about it. She was very rude to me, and said they were in their rights to ring me!!

 

I said I was terminating the call, and she said if I did not make this payment I would have notes put on my credit file etc saying I was in breach etc, I stated to her she would not be doing anytihng as I would not accept any offers of requests unless they were in writing.

 

I don't now know whether to write again, contact ofcom or ring them asking for the person who wrote the letter.

 

So angry

[Movingon]

Contact OFCOM straight away, tell them that you wrote them with a "cease and desist" instruction and they have not ceased calling. Did you get the lady's name? If you did not, then don't worry... but it may prove very useful if you did. I would also contact the Information Commissioner's Office with a formal complaint; Capital One are holding information on you, which you have instructed them to remove - this may well be a criminal offence.

 

Once you have done this, write to Capital One and explain that you have made formal complaints to OFCOM and to the ICO. Let them know that the very next telephone call received from Capital One will result in you calling the Police and reporting them for Harrassment under the Administration of Justice Act s.40.

[jdonaldson]

Thank you :o)

 

I got the women's name too. She said she had never heard of the Robert Udy who I received the letter from!

 

Will make those complaints now and write to Capital One.

 

Also going to finally get my backside moving on claiming back all these ridiculous charges that have landed me in this situation. HAve jstu read the FAQ about what to do and going to go through statments tonight and see the amount I am owed.

 

I am a pretty confident person - I feel so sorry for anyone out there who is not able to fight5 their corner on this. What they are doing to people is dreadful

[Movingon]

P.S. one I just thought of; if they call it should go like this:

 

"Hello?"

"Hello I'd like to speak to Mr Donaldson please."

"Who's speaking please?"

"It's blahblahblah from Capital One"

"I'm sorry Mr Donaldson isn't available right now. Please could you write him a letter? He's not accepting oral communication from Capital One. Thank you." CLICK BURRRRRRRRRRRRRRRRRRR

 

If they are persistent simply repeat your position; they cannot discuss the account with anyone they do not KNOW to be Mr Donaldson.

[jdonaldson]

Thanks again - thing is now the call is over I know all the things I should have said, I was so shocked it was them and the women was so rude to me. I ahve got the form here to file a complaint about data protection, going to complete it now and also do the filing for the charges.

 

I like many people do feel a bit 'is it worth it' to do it, I know in theory its a few lwtters, but I think also its the feeling that it is my fault I am in this situation - one missed payment and a load of charges. I can cope with paying money back I owe but I cannot cope with the harrasment and the phone calls saying 'you have to pay £250 today or else!' I would like to know if these people ahve a spare £250 sitting in their account!!

 

Sorry for the rant - but it is so helpful and supportive to know there are people out there willing to give their time to support others through this.

 

[jdonaldson]

I am sorry for asking this - I know the info msut be about but my head is away with all the stress of bl**dy Captial One today!

 

I have read the FAQ and was about to send the letter before action from the templates for credit cards - after rereading the stuff I realsie I should send the letter requesting the charges be refunded. The one in te template libraries are for banks and refer to accounts. Is it ok to keep the working of accounts in this for a credit card?

 

Sorry for probably posting soemthing obvious I jsut want to make sure I get this right!!

 

Many Thanks