Credit Card activated by someone else

[summanotre]

Hi,

New to the forum. I have already asked a question in one thread but Im not sure it will get an answer. If I could link it here it may be easier for people to respond if they have any advice. If someone can tell me how to do that it would be really helpful.

 

However, this thread is about a replacement credit card that I did not want (in too deep as it is) which I ignored for that reason. The letter that the card is stuck to specifically states on the sticker on the card in teeny weeny writing:

 

'The main account holder must activate this card before it can be used'

 

In the main body of the letter it states:

 

'Sign your new card straight away and call us to activate it'

'For security reasons, only the main cardholder can activate cards. The main cardholder is the person named on this letter' (i.e. me)

 

There is more to the letter but I dont know if its relevant.

 

You can also activate the card on-line and when I received my first card I activated it online and received a confirmation email. Where is she going with all this you might sigh...

 

Well, I DIDNT activate the card either by phone or internet or any other means that may be available or receive any confirmation of this, yet I received a statement some time later showing the card as activated with the old amount transferred including new charges and late charges AND a payment to a company that I had asked capital one years ago not to allow to take recurring payments as I had written to the company to tell them I no longer needed their services (which they obviously ignored).

 

The account is now being dealt with by CapQuest. I wrote asking for my CCA and also informed them that I believe that some form of fraud had taken place on the account that is possibly illegal. Unfortunately, I could kick myself for not sending it by recorded delivery or even getting a proof of postage.

 

Anyway, what I would like to know is

1. Has Capital illegally activated my card and can I take action?

2. Should I re-send the letter by recorded delivery?

 

Sorry for the long post. Really hope someone can help or post if they have had same/similar experience.

 

Ta.

[BankFodder]

This is very interesting and also potentially very serious.

 

If the card has been automatically activated without any content from you than I would suggest that this would be an unfair commercial practice and also highly irresponsible of the bank. You might not want the card any more or, more seriously, the card might have been received by somebody else, automatically activated -- allowing your account to be defrauded.

 

Have you used the card at all? If you have then I don't think there is much can do because by using the card you will have accepted its activation and you will have indicated also if you're happy to use the card.

 

If you have not used the card then I suggest that you cut it iin two immediately but do not return it. Hang on to that moment.

 

I think that you should then write to the bank and ask them for details as to how the card was activated. I suppose that they are unlikely to reply to you very quickly. But given seven days anyway to respond and if they do not respond then write a formal complaint to them and say that you want the matter brought before the ombudsman as they have activated the card themselves without your approval and without following the normal precautionary procedures.

 

Once you have begun this complaint, I would also serve them with an SAR asking in particular that any records they have about the manner of activation.

 

I would also write a letter of complaint to the trading standards under CPUT.

 

Don't expect to get any compensation on this. You haven't suffered any loss. You might get a few quid to compensate you for the trouble is you are going to to make a complaint. This would be very fair. But the most important thing is that if you are correct and that the card has been activated in this way then it has potentially very serious consequences. If a fraud had been perpetrated on the card, you would have been the first to have been suspected of being investigated despite the fact that it is the banks procedures which are in question

[42man]

In spite of the other things you mention is there any chance the 'debt' may be statute barred also ?

[summanotre]

Have you used the card at all?

 

Absolutely not. However, as I said they allowed a recurring payment to go through the unactivated card even though I had called them on several occastions in the past not to pay the company in question as I had written to them (Key Cover) cancelling our arrangement. So I dont know if that constitutes an activation - somehow I think they may attempt to say this is the case. However, I dont believe it should be and is unfair.

 

Don't expect to get any compensation on this. You haven't suffered any loss. You might get a few quid to compensate you for the trouble is you are going to to make a complaint. This would be very fair. But the most important thing is that if you are correct and that the card has been activated in this way then it has potentially very serious consequences.

 

Im not so worried about receiving compensation but I do have epilepsy which is exasperated when I become over-stressed. But I say that as I have been told it could be taken into consideration if things go further (which really I hope they do, because I dont want cap1 to get away with this in any form whatsoever).

Edited May 8, 2009 by summanotre
mis-spelling

[summanotre]

In spite of the other things you mention is there any chance the 'debt' may be statute barred also ?

 

 

Im not quite sure about that. Ive read the definition supplied in your post but Im not sure I quite grasp it (sorry for being dim - and as a result, ignore the lower part of my sig!! :-|)

[MARTIN3030]

The FOS can award compensation in some instances.

have a look here;

 

compensation for distress, inconvenience or other non-financial loss

[summanotre]

Thankees - a lot to digest but worth it I think as I have found out that the start date of the card is 03/08 but I did not receive it until about July 08 and as I said I ignored it and didnt activate it. Now I have found out that they say on the back of the letter the card was attached to (which I might add is undated) that I have to sign the credit agreement - but there was no agreement included in the correspondence. Further, I waded through my statements until the wee hours and found that the statements that would have corresponded to the time the card was activated until the last statement are missing. AND even more, the statement has an authorised payment on it and charges - AFTER they served the default notice! Plus the amounts quoted differ.

 

There is soooo much wrong with this account, the way they do not conform to the regulations about how a form should be set out. On one document, if you dont look at the back of the letter you will miss their sorry excuse for a credit card agreement. One section tells you totick a non-existant box if you want to opt out of something. My name on the letter is spelt incorrectly but the agreement says it is between 'us ....and you'.

 

So, so much my head hurts; reckon ill be in for a bad seizure tonight.

 

For me at the moment its a case of the more I think the less I know.

 

I feel like Im drowning. Im becoming so depressed about all of this.

[summanotre]

The FOS can award compensation in some instances.

have a look here;

 

compensation for distress, inconvenience or other non-financial loss

 

 

Having read the above thoroughly (which is not normally an easy task for me), I telephoned the FOS to make a complaint. I think what tipped me over the edge was that I received a letter from CQ today asking me for documents! They say they've put the account on hold for 28 days.

 

The FOS say the account is now in dispute but if I take any other action they will not be able to investigate. But they said the complaint is concerning Cap1 Mastercard not CQ - so can I do something separtely about CQ or just notifiy them that a complaint has been lodged with the FOS?

 

If the account is on hold for 28 days as stated by CQ - how does this affect my credit file? Also along the same lines is the account with Cap1 is in dispute as per FOs

 

So, have I done the best thing?

 

As for CQ re: Cap1 visa card, I am handing that over to Drummond & Co (Lawyers) t/a Sh** Stirrers of Wessex as I cant cope with everything. My health has deteriorated too much.

[summanotre]

Having read the above thoroughly (which is not normally an easy task for me),

The FOS say the account is now in dispute but if I take any other action they will not be able to investigate. But they said the complaint is concerning Cap1 Mastercard not CQ - so can I do something separtely about CQ or just notifiy them that a complaint has been lodged with the FOS?

 

If the account is on hold for 28 days as stated by CQ - how does this affect my credit file? Also along the same lines is the account with Cap1 is in dispute as per FOs

 

So, have I done the best thing?

 

Can I tell CQ the account is in dispute and to stop processing data et etc

And what does it mean when they say the account is 'on hold'?

 

Can anyone answer this please? :-|

Edited May 15, 2009 by summanotre

[summanotre]

Please someone - I dont know how to respond

 

[summanotre]

Just received a letter from CapQuest re: Cap 1 mastercard account that was activated by someone else (an insider). They say they are closing the account on their system. What exactly does that mean? Will they amend my credit file

 

I want to know how to find out if this has affected my credit file and should I respond to CQ- if someone could give me an opinion, I'd be very grateful.

[42man]

Have you checked your credit files ? my gut feeling is that they probably haven't added anything, but it might be worth checking.....

[summanotre]

y'know, dumb as it might sound, I havent! I guess in one way Im dreading looking at my credit file, as several years ago I had to ask the big ones to amend entries which they refused to do, so the best I could do was put my own comments on - why IMO was pointless. However, I think when Ive disputed the rest of my debts with creditors, that might be a good time to have a peek.

[summanotre]

I've got this dispute going with Cap1 now that CapQ closed their files. The FOS are investigating Cap1 regarding the MASTERCARD that was activated by someone else, but things have just taken a complicated turn (or at least its complicated for me ).

 

I requested a CA from capquest for a cap1 VISA card. However, what they have sent me is a constructed document that they say is the CA for the VISA card. As far as I can tell after viewing many cap1 documents on this forum, the 'CA' is a very deliberately constructed composition of at least 5 different documents. My signature has obviously been tampered with, as well as several other things and the dates on the 'form' do not correspond to the VISA card account opening date. Additionally, there is an account number in a name and address box that belongs to the MASTERCARD account that I have asked the FOS to investigate.

 

So as the FOS are investigating the complaint about the MASTERCARD being activated by someone else, should I send them the document I have received from capquest, explaining that it was received after requesting a CA for a cap1 VISA account and NOT the MASTERCARD account despite the fact that the MASTERCARD account number appears on there?

 

Should I also ask them to investigate this as a fraudulent document considering it is made up of several documents, a tampered with signature and pruporting to represent a CA for the VISA card, when in fact its the MASTERCARD account number quoted on it? Its really complicated because my solicitor is dealing with the VISA issue and I know the FOS wont continue to investigate any complaints if they are being dealt with another person at the same time. But surely this document can be investigated as part of my original complaint re the MASTERCARD? Should I be reporting both cases to any other authorities?

 

Does any of that make sense?

 

 

I know some of this info has crossed over from my other thread but the details are relevent to both situations.

 

 

I want my day in court!!!!

 

Oh my head hurts!! :-|

[summanotre]

Can someone answer this please?

 

Even though Ive asked the FOS to investigate, it hasnt taken off yet because I need to supply more evidence.

 

The FOS state that they cannot deal with the enquiry if another organisation is investigating the complaint (which is not the case). So this in my opinion does not preclude me from asking Cap1 for copies of cca or apply for a SAR seeing as CapQuest have closed the file.

 

So in light of the forgery surrounding this, I think I should do both of the above in order to gather more evidence for when I take it to the police. It would be interesting to see what document they provide for the mastercard cca, seeing as the cca supplied for the visa card quoted the mastercard account number.

 

So any opinions please?

[pt2537]

I think that you should also look at s66 CCA 1974

 

66. Acceptance of credit-tokens.

 

 

— (1) The debtor shall not be liable under a credit-token agreement for use made of the credit-token by any person unless the debtor had previously accepted the credit-token, or the use constituted an acceptance of it by him.

(2) The debtor accepts a credit-token when—

 

(a)

it is signed, or

 

 

 

(b)

a receipt for it is signed, or

 

 

 

©

it is first used,

 

 

 

 

either by the debtor himself or by a person who, pursuant to the agreement, is authorised by him to use it.

 

[summanotre]

Thanks for your answer but I must admit to not knowing what s66 means

 

I dont know what credit tokens are

 

Would you be able to put it laymans terms please?

[pt2537]

Credit Token= Credit card

[summanotre]

Cheers!

 

Just had a thought (rare) but does s66 put me in the wrong? Even though they tampered with my signature and the cca relates to a visa card not the mastercard???

 

Sorry I think Im more confused than ever.

 

Is s66 to my benefit then or not? in relation to the MC being activated without my permission even though according to the instructions only I can activate the card?

 

Also, is it to my benefit as the cca received had the MC account number on it in response to a cca request for the VC - AND my signature & other details are tampered with/forged?

 

How does s66 help me?

 

So confused, sorry.

Edited May 30, 2009 by summanotre

[bradleyt]

Basically whomever has the paper can activate your card. If the holding company activated why would there be charges on it if you didn't use it? It smells like someone got a duplicate card or a glitch in the system.

[summanotre]

I dont think someone got a duplicate card simply because the transaction relates to a company that I no longer had an agreement with and had previously informed Cap1 not to allow transactions through from them. This is before the replacement card that was never activated by me but the transaction was put through the account on the unactivated card account by way of a recurring payment. Even though the account still exists, no transactions should have taken place as the

 

a) the card wasnt activated

b) I had already informed them that my agreement with the said company had been terminated in writing and not to pay them any subsription

c) the account had arrears on it - so how can I start on my arrears if they continually allow transactions through that they've been advised they shouldnt do and then charge me for the privelege of doing this?

 

It was them who told me that the account couldnt be used until the arrears had been cleared, so why the hell did they let this payment go through and put me deeper into the sh**?

 

I have taken advice from the police today and must request more documents from Cap1 because my Cap1 VISA problems have become entangled with my MC problems but are related to the same issue. (if that makes sense).

[summanotre]

Basically whomever has the paper can activate your card. If the holding company activated why would there be charges on it if you didn't use it? It smells like someone got a duplicate card or a glitch in the system.

 

I didnt use it - it was never activated and I can prove that. Im not sure as to what you mean that 'whomever has the paper' - what paper do you mean?

[summanotre]

Having received contradicting letters from CQ and Cap1, this is now going forward to the police as CQ are demanding money under the MC account number which they say is the 'new' account number given to me when I reported my card lost/stolen???? Id like to know when I did that - Ive never done any such thing. On top of that the number they quote as the 'new' number is the VISA number???

 

Additionally, Cap1 are demanding repayment of one of the account numbers also.

 

Police say this borders on deception and so I must SAR Cap1 and CQ separately.