Capital 1 CCa request

[Dotty50]

Just took a call at work, again! Asking for me, I know it's a CCC because they ask for me by my first name which I do not use.

I always say 'she is out of the office, can I take a message' The person calling today said she was from Debitas legal services and she was about to cut off but I managed to get a number out of her.

It is Cap 1 isn't it?

[Dotty50]

After doing a bit of searching on other posts, I have answered the question myself and will amend the letter I have drafted to now stipulate that Debitas do not contact me either.

 

It seems it is a battle to get them to stop but will threaten complaint to FOS and ICO or anyone else I can think of.

[Dotty50]

Letter gone back today, guess another 40 days to wait!

 

Right, who else do I concentrate on now?

 

MBNA I think!

Edited November 17, 2009 by Dotty50

[Dotty50]

Latest news, calls finally seem to have stopped at work so communication now in writing.

 

Received 3 letters yesterday as follows, I would appreciate any help or opinions on how to proceed. Although I am awaiting SAR which has been passed to the relevant dept.

 

Account now terminated after a faulty DN and no CCA received, only current T & C's

RESPONSE TO COMPLAINT - 9-12-09.pdf

DEBITAS - 13-12-09.pdf

STATEMENT OF DEFAULT - 13-12-09.pdf

[Dotty50]

Bump

 

I know it's a very busy time for everyone.

[silverfox1961]

Hi,

It has been discussed elsewhere that it may be a wise route to write back and formally state that you accept that the account is now terminated and that you will not agree to the account being re-instated. This then stops them starting the account again once they realise they have sent a duff DN.

 

Cap1 haven't given you their final response (on this issue)so if there are issues that have not been addressed then you can still write to them about it.

 

As for Debitarse, ignore. Deal with the organ grinder, not the monkey and of course, you can pick Cap1 up on their lack of spelling.

 

I'm always happy to be corrected of course:smile:

 

fox

[Dotty50]

Hi Silverfox,

 

Thanks for taking the time to look.

 

Am I right in thinking that once terminated, they cannot add any more interest or charges? (although they shouldn't anyway due to being in dispute)

 

I will get another letter done in response, yes I too hate smelling pistakes, when receiving letters from 'Professional' people!

[Dotty50]

It looks like Debitas are joining me for xmas dinner, will have to set another place!

 

Thought I had seen them off before, but obviously not.

[Dotty50]

Hi and a Happy New Year to all Caggers.

 

Silverfox if you are around, or anyone else with any experience of Cap 1.

 

I would appreciate someone taking a look at this letter that I have drafted to go back to Cap 1, pretty urgent as I should respond within 4 weeks to their letter dated 9th December.

 

Any additions or deletions advised?

 

Thank you.

JANUARY 4TH 2010 - COMPLAINT with deletions.doc

[silverfox1961]

Just looking at your letter and I will read this thread again as my memory is getting older than me Give me a few minutes/hours*

 

* delete as nescessary

[Dotty50]

Just looking at your letter and I will read this thread again as my memory is getting older than me Give me a few minutes/hours*

 

* delete as nescessary

 

Hi Silverfox,

 

Thank you so much for your quick response, don't worry, I can relate to memory problems!

 

Dotty

[silverfox1961]

While in my simple () opinion the letter is good to go, paragraph 3 could be tightened up.

If you gave them permission to log incoming phone numbers when you signed the agreement, let them prove it by supplying the copy you signed.

 

I would also let them know that all future calls you receive from them will be recorded (even if you can't, how will they know;))

 

Don't forget to log all the calls they make (date/time) to add to your complaint if they fail in this request.

 

hope that helps

 

fox

[Dotty50]

Very much so, thank you. I have amended as follows and also added in the previous paragraph that all future calls will be logged and recorded.

 

The letter states that the incoming numbers can be recorded for future use, and this was outlined within the Terms and Conditions of the ‘AGREED’, that I signed and returned to you (in the absence of a copy of the original agreement, I am unable to see that I agreed to this!) Although you state that a copy of was sent to me on 29th May 2009

 

Will get it sent tomorrow.

[Dotty50]

Power 2 Contact have now joined in and are planning a visit!

[SL8R]

Power 2 Contact have now joined in and are planning a visit!

 

Have delt with them a few times... simply tell them you do not want any visitors, or if they turn up at your door , tell them to remove their personage from your property or you will take the appropriate steps to have it removed...

[letsgetitsorted]

Hi Dotty

no dca can door a doorstep visit without an appointment,

i remember seeing a letter on here somewhere that you can send to them telling them you will not make an appointment to visit.

maybe one of the other caggers might be able to direct you to it.

[SL8R]

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

In Scotland change the last paragraph to :-

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

Yours faithfully,

 

Remember to print your name never sign it.

[Dotty50]

Hi SL8R,

 

Thanks for that, yes I expect they are as full of hot air as Debitas are, they were due on xmas day!

 

It just gets so frustrating, when Cap 1 just pass details to their in house people and they send out standard threat letters and the issues continue to be ignored.

 

But I am determined to have the last letter on file and a paper trail, which is of utmost importance should it ever get to court. (Very good advice from Vint on here)

[Dotty50]

Hi All,

 

Thanks for further assistance, we were all posting at the same time, by the looks of it!

[SL8R]

Hi, dont worry there are alot of ppl here far more qualified than me to help you. You are in good hands !!!

 

Cap1 are renound for their arogance and bullying... dont let them get to you, if after sending the letter you do get a visitor (as i did ) from Power 2 contact...tell him to go forth... (the visit was worth it though, when he power 2 contact i did laugh and say "power to what"...)

They have no legal rights, they are just trying to intimodate and pressure you. Do not talk to them or answer any of their questions ( if they turn up)...

[letsgetitsorted]

hi SL8R

thanks for putting that letter up, i knew i had seen it on here somewhere.

[Dotty50]

This is the busiest thread I have ever had. 8)

 

Thanks again everyone, will get a letter of to them tomorrow, together with one to Debitas which I had prepared and just needed to finish off.

[Dotty50]

Sorry in advance, this may be a long post.

 

Sent off letters today to Debitas and Power 2 Contact.

 

Arrived home from work and had received, by 'Special Delivery' a response to my SAR. The letter is dated 22nd Dec but was not posted until yesterday, guaranteed delivery by 1pm today.

 

They have produced 26 a4 sheets showing 4 statement details to each side and these start from August 2001 to December 2009.

 

A signed application form, which seems to be the same as others posted on Cap one threads, it is dated July 2001 but they have also sent an acceptance form for PPI which shows my signature and is dated November 2001. They state in the covering letter that I requested it in writing in Nov 2001! Very strange that and no copy of my written request supplied.

 

There is a copy of the screen prints relating the the application, which clearly stated NO for PPI and I can think of no reason whatsoever to apply for it 4 months later.

 

They have also sent lots screen prints from 'Proph IT' which I guess is their tracking system, I will study this further but it appears to just show dates and calls made to me, no contact, then re-scheduled. It also shows receipt of my letters.

 

They have also sent copies of correspondence between us since my CCA request in May, again I will see if they have sent all of these, although they have not included Debitas (should they have?)

 

I will try and get this scanned and posted on here tomorrow or over the weekend, as my scanner is a work so not always easy to do during office hours.

 

Feels like one step forward and three steps back!

 

Oh and all this sent on receipt of a signature supplied that is nothing like the one they hold on record! Bit of a farce, isn't it!

[silverfox1961]

Just a little more info for you.

The Prophit system does not show everything. If there are any details you are not sure about, write back and ask for the information from their Apollo system. This shows a lot more than the Prophit.

It took me having to file at court for disclosure before they finally complied and I then discontinued

 

You will also find a lot of the codes on the Prophit sheets have no corresponding explanation in the codes booklet you should have been sent.

 

You could tie them up in knots for months asking for an explanation for each one you don't understand

 

On the plus side, Capital One do send back statement for longer than the 6 years others send.

 

 

fox

[Dotty50]

Hi Silverfox,

 

I have just been reading one of your Cap 1 threads and noted your comment about Apollo, so will bear this in mind. Hope your health is improving, it is stressful trying to fight these people and I have to say, the last thing I would want to do is to end up in court.

 

I am going to spend this weekend going through what they have sent and work out the amount of charges (although there's not a lot) and the amount I have paid in PPI (I am convinced I didn't send in a written request and will be asking for a copy).

 

I have seen mentioned a spreadsheet to calculate the amount paid in order to make a claim, any ideas where it is?