Capital One - Group FOS Complaint

[Desperate Daniella]

Hi everyone,

 

A number of us who have been chasing our alleged agreements with Capital One for a year or more have now been sold on to Lowells as a job lot.

 

I'm about to write to FOS (again) about them, as their final response says they sent the agreement which they didn't.

 

I gather that Capital One come second only to MBNA in the number of complaints received by FOS, so thought that we might be able to improve Capital One's figures.

 

We've all been fobbed off for months/years. We have repeatedly asked to view our agreements and they have refused.

 

Why don't we all write to FOS on the same day because maybe a large mailbag all about Capital One might make them take some action.

 

I've just been reminded by CitizenB that there is a mail strike from the 22nd (next Thursday) so if possible why don't we get our letters in the post on Monday?

 

DD

[AA99]

Yes, I'm with you on that one DD Have you got a link to THE letter to send? I'll happily put this thread in my signature too........

[Desperate Daniella]

Hiya,

 

Thank you. I've already told Sunflower and Lexis too, and if this thread keeps coming up too we should get more people.

 

I think we'll all have to do different letters because all the cases will be slightly different, but I'm going to say that I've got the Final Response, and it's utter rubbish that they have sent the agreement, and enclose a copy of what they did send.

 

I'm also going to say that I've asked repeatedly to visit their offices to inspect the agreement and they have ignored this completely.

 

Then that they have sold the account on to Lowells when it is clearly in dispute, and anything else I can think of.

 

DD

[beachcomber60]

DD,

 

Link in Sunflowers thread didn't work but I've redone it for you.

 

I like Sunflower am disappointed not to be in this new capone club, however, I agree that different worded letters are best sent, knowing capone as we all do they will twig on and ditch the lot.

 

I'll put a link on my thread to get as many capone fans as possible to your thread.

 

 

Beachy

[AA99]

OK, with you on that one! Can we just make sure we're all using the same address, and is there a name to direct it to:confused:

[sunflower99]

Hi DD

! strangely enough i not got Lowells yet but i suposse i soon will if you have as i think your were in same situation as me with crapital one that they did not set any pond feeders on you or contact you once account got passsed back from Debitarse to crapital one again and they did not play pass the parcel so much with our accounts up until they set Lowells on you.I suppose i will get one plopping through our letter box in near future!I hope you give em some grief! Knowing you DD i think we cam depend on you to do that :D

[sunflower99]

DD,

 

Link in Sunflowers thread didn't work but I've redone it for you.

 

I like Sunflower am disappointed not to be in this new capone club, however, I agree that different worded letters are best sent, knowing capone as we all do they will twig on and ditch the lot.

 

I'll put a link on my thread to get as many capone fans as possible to your thread.

 

 

Beachy

Hi Beachy!

Perhaps we upset them!

[citizenB]

Hi Beachy!

Perhaps we upset them!

 

 

Whats this "WE", SF.. as the ring leader, you must accept total responsibiliity:D:D

 

Agreed, a standard letter is not going to cut the mustard.. if each person writes in their own words what has happened.. then it might just get us somewhere.

 

I think the focus should be on the fact that complaints have been made to Capital One, alternative suggestions for viewing the document have been put forward. Yet rather than addressing the issue, they have sent the account on a Round Robin trip of DCAs. Who automatically pass it back when they realise there is an unresolved dispute on the account.

 

If they are so convinced they have a document that would stand scrutiny in court. Why have they not taken this route ?

[sillygirl1]

Count me in, Capital 1 are in my bad books as they still haven't provided a CCA to Robinson Way and last time I complained they wrote to my OLD address.... complained about that but nothing happened.

[Desperate Daniella]

Hi Sunflower and Beachy,

 

You are on this new fan club!! Sorry it was a brief posting, got a nightmare of a court case I am working on, but in view of the postal strike made five minutes for this.

 

This is not actually a thread about my account, it's everybody's thread as I really think we need to get as many people as possible. FOS need to do something with this horrible lot.

 

DDxx

[Desperate Daniella]

Beachy,

 

Thanks for re-doing the link.

 

DDx

[sunflower99]

Hi Sunflower and Beachy,

 

You are on this new fan club!! Sorry it was a brief posting, got a nightmare of a court case I am working on, but in view of the postal strike made five minutes for this.

 

This is not actually a thread about my account, it's everybody's thread as I really think we need to get as many people as possible. FOS need to do something with this horrible lot.

 

DDxx

Hi DD

Hope all goes well in your court case sorry to hear you are having a nightmare with it all, i am surprised crapital one set Lowells on you after all this time but i suppose that is the thing about these disputes is that you never know when and who is going to plop through your letter box for several years!Still i am sure you will see em off ! i know this thread is not just about your case ! DD and it going to be a great r crapital and Lowells fan club ! I am sure you and everyone else on this thread will give Lowells grief and they will regret takeing you lot on !

Edited October 17, 2009 by sunflower99
typo mistakes

[IdaInFife]

Hi DD and fellow caponers,

 

I thought this would be best posted in the capone forum for more members to see

 

ida x

[Desperate Daniella]

Thank you Ida.

 

Obviously the more members who see it and write the better.

 

I gather they have to pay for complaints to be investigated? And on another thread it's saying their profits are down, they haven't released figures, so this is probably trying to get some money in by flogging us to Lowells.

 

On a positive note, Lowells have come up against a lot of caggers as we know. Feel really sorry for non-Caggers though.

 

DD

[the_shadow]

Thank you Ida.

 

Obviously the more members who see it and write the better.

 

I gather they have to pay for complaints to be investigated? And on another thread it's saying their profits are down, they haven't released figures, so this is probably trying to get some money in by flogging us to Lowells.

 

On a positive note, Lowells have come up against a lot of caggers as we know. Feel really sorry for non-Caggers though.

 

DD

 

:-oEeek I said COULD be down Until they release them we wont know.. MBNA (BofA) and Citibank both are losing billions in a single quarter.

 

Yep £500 for each FOS complaint

 

S.

[Desperate Daniella]

Sorry, Shadow, I wasn't quoting you!! I meant to say "probably" down as they hadn't released figures. I'm sure they must be down as MBNA and Citibank are down.

 

Well, loads of £500s hopefully!

 

DDxx

[keefyboy]

Hi all

Sorry I have not been about lately, money and health problems..... but I am hovering back again...

 

I have just come back from a short break and on the may when I arrived home there was a letter from Cap1, apologising as they ommitted to send me in my SAR request, it was a copy of a Credit Agreement signed by me, now thats funny as there WAS a copy of the signed agreement in the SAR request, plus I have the copy of the agreement they sent me when I asked on my second letter to them under the CPR rules.... and the good news is they are all different !! so which one is the alledged "Real" one? :confused:

 

Anyway I am here and will pop up a bit more often now...

[Desperate Daniella]

Hi Keefyboy,

 

Sorry to hear you've been unwell - hope you're feeling better.

 

I think they are cutting and pasting! Lexis also now has something different to what they first sent her. I was told that I would be sent a copy of my "agreement" two weeks ago (after the FOS complaint about the sale to Lowells). I expect they are still creating it. The only thing they sent before (twice) was the signature box.

 

At the end of the day we'd all much prefer that day trip to Nottingham to see our agreements.

 

DD

[AA99]

Hi DD, you're dragging all our favourite old caggers out, well done you! With you all on this one, my letter drafted already:cool:

[keefyboy]

I now have three different "alledged" terms and conditions for my 1 account... so how do they expect us to beleive anything they say...

 

Since my big financial hit by the CSA there isn't enough money left for us to eat let alone pay them or any of my debtors, so they will be getting a letter shortly asking if they will be prepared to write the debt off (I think there is no chance of that one, even with the proof of income etc) so they will have to take it to court if they dare, as, as far as I am concerned they do not have an enforceable agreement.....

 

I am beyond caring now....... I will still fight these so and so's but the stuffing has bveen knocked out of me and the other half by the CSA, taking 45% of my earnings..... with no appeal other than the person who worked out the assessment saying "I have rechecked the figures and they are correct, appeal not upheald" How can that be a fair system when they even investigate their own complaints and they have even taken away your right to a fair hearing, you can't take it to court anymore..... your stuffed.

[pompeyfaith]

Good Morning All can i just make a suggesion why not email your letters to the FOS and add a note stating u have done it this way because of the iminant postal strikes but a hard copy is in the post to you PF

[DOZY]

Hi

 

I have posted several times now on CCa,s etc for advice, however my advisor has now run out of legal aid funding to proceed further , and has sent me the whole file(s) of action he took , he got nat west written off , but capquest have sent a application form only and statements .

 

Now i have to take up arms myself.

 

Should I now send them a SAR

 

Also I wish to know where to find images of capital one application forms and the proper CCA, forms on this forum ,can someone direct me to them.

 

Also, two other creditors have not even responded to CCA requests

 

geofrey parker bourne solicitors

 

Ruthbridge.

 

they were sent out on the 24 august 2009

 

should i send them SAR,s or what

[AA99]

Good Morning All can i just make a suggesion why not email your letters to the FOS and add a note stating u have done it this way because of the iminant postal strikes but a hard copy is in the post to you PF

 

Yes, good idea pf

 

mailto:[email protected]

[enoughisenough]

I'm In.

 

Previously posted by EiE on another thread

 

 

Having used CPR 31.16 after abandoning futile attempts to get Crap one to provide a 1st generation copy of the original agreement under s.78 I have now come to the conclusion that they don't have an agreement that they can enforce. The best they can send me is a photoshop mock up and it is a mess. Clearly unenforceable.

 

They have now sent this to me twice, the second time apologizing for not having it sent it the first time!

 

It seems I have the following options.

 

1. Continue to waste time and money pressing for the agreement.

2. Do nothing and let the default trash my Credit reference file for 6 years whilst they flog it to every DCA going.

3. Take them to court to get it ruled unenforceable and get an order to have the default and all other information pertaining to the account removed.

4. See three above and also seek restitution for all payments made + interest. I know this has been done.

 

Can anyone advise on how they would move this forward?

 

 

I'll hard copy the documentation to follow.

 

Thanks for the link AA99. I might go to court anyway, and as a half way house between three and four above particularise how much I have paid to them over the life time of the account. Nothing ventured nothing gained.

[lexis200]

Hi all

Sorry I have not been about lately, money and health problems..... but I am hovering back again...

 

I have just come back from a short break and on the may when I arrived home there was a letter from Cap1, apologising as they ommitted to send me in my SAR request, it was a copy of a Credit Agreement signed by me, now thats funny as there WAS a copy of the signed agreement in the SAR request, plus I have the copy of the agreement they sent me when I asked on my second letter to them under the CPR rules.... and the good news is they are all different !! so which one is the alledged "Real" one? :confused:

 

Anyway I am here and will pop up a bit more often now...

 

Hi Keefyboy,

 

Sorry to hear you've been unwell - hope you're feeling better.

 

I think they are cutting and pasting! Lexis also now has something different to what they first sent her. I was told that I would be sent a copy of my "agreement" two weeks ago (after the FOS complaint about the sale to Lowells). I expect they are still creating it. The only thing they sent before (twice) was the signature box.

 

At the end of the day we'd all much prefer that day trip to Nottingham to see our agreements.

 

DD

Yep, got exactly the same keefyboy - already sent the 'agreeement' in SAR before, but have sent a new and improved version recently. Still not sent the stuff I was missing, but apparently this is all they were missing (according to them anyway!)

 

I've not been passed onto Lowells or anyone though, so can I still do a complaint but just about them being so sodding obstructive?