Capone/cabot v OH (disputed Acc)

[beachcomber60]

Hope Iam in the right place, after losing a major sub contract job through a client going into recivership I wrote to capital 1 explaining the position and offered a pro rata payment (as advised by the national debt line & forwarding a personal budget), C1 wrote back acknowledging my letter and asked that I pay the reduced amount on a regular basis, although they said that I must phone and speak to their 'trained advisors' after telling them that I will only communicate via letter as I work unsocail hours and object to recorded conversations they started making several calls per day x 7 days a week. To cut the story short, without any warning of them doing so I have suddenly received a letter giving me a 28 day default notice which I cannot meet, what can I do, ask them to take me to court or just accept whatever they throw at me.

[Having_A_Knightmare]

if the account is old there is a good chance the Credit Agreement will not have the perscribed terms on.

 

You need to send a CCA request ASAP to crap 1.

[beachcomber60]

I have been writing to Capital 1 since May regarding my credit card, owing to loss of employment CP1 were informed that I could not afford to make the monthly payments and have drawn up budget plan (National debtline). They keep writing back acknowledging that its a very worry time and to continue to make the lower monthly payment and to contact them (by phone to be questioned about our circumstances ( I have repeatedly informed them that I will only correspond in writing - which has been ignored - yesterdays total was 7 calls between 12:00 & 9:00 pm never leave a message as we have had to put the answer phone on), they have had budget planner Re: National Debtline & their own Income/expenditure form. Have received default notice from them this morning, rang them and was told that they have never received said forms and that the default notice cannot be overturned. Unless I pay the account up to date the account will pass to a debt agency, told them that I will not talk to any agency and that they are acting unreasonably and said take me to court as I have been in regular contact by letter to try and make a payment plan with them. Any advice as to what I can do? (have continued to make regular payments to them since they were informed of our change of circumstances.

 

PS. Forgot to mention that they want Bank Statements (Private & Business accounts), proof of income loss & Inland Revenue statements

Edited August 8, 2008 by beachcomber60
Additional Info

[beachcomber60]

have received default notice from Capital 1, wont entertain pro rata payments unless I send bank statements, tax returns ( I have already been told on this forum and by National Debtline that they are out of order on this) Is it to late in the day to CCA/S.A.R?

[maroondevo52]

Hi, Beechcomber.

 

You can request a CCA at any time, Letter 'N' in the Library.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Remember, send it recorded, with a postal order and don't sign it

 

Also SAR them and claim back any charges, just in case they come up with a enforceable CCA, thus reducing the debt.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Regards.

 

Scott.

[beachcomber60]

Morning Maroondevo52,

 

Thanks for the info, once received what should I be looking for in the CCA

[beachcomber60]

Received a call from CP1 yesterday teatime, went like this :-

 

Could I speak to *************

 

Yes Speaking

 

Capital one calling reference your account, I need to go through security with you.

 

Before you do, I'd like to point out that you have been informed in writing that I will only correspond in writing only & that phone calls must cease due to me working long night shifts, Thursday I was woken 7 times by CP1.

 

Thats not my problem and its urgent that I speak with you

 

Well OK but I must inform you that this call is being recorded

 

Thats up to you, can you give me your date of birth & post code

 

Yes its **/**/** and post code is **** ****

 

Great just one more question what is the last five numbers on your card

 

Now you've got me - havent used it for months and its gone through the shredder

 

I really need that number before I discuss your account

 

I am sorry but I cant give it to you, we are in the middle of having tea with our grandchildren in any case I wrote to you again on Thursday & I spoke to someone (who phoned on Friday)

 

I suggest you get it NOW!

 

Sorry I am not being ackward and unreasonable but has I said we are having tea and you been told three times correspond in writing

 

THEN I DEMAND THAT YOU GET THAT NUMBER READY FOR WHEN I RING YOU BACK ! ! then he hang up.

 

Such much for 'specially trained staff who understand difficult times'

 

My wife wants to give in and send bank statements, tax returns & proof that she is now unemployed ( even tho' I've been told not to do so on this forum and by NDL as CP1 are out of order), but Iam digging in and fighting, we have sent countless copies of NDL budget planner plus their own I&E form, have been making pro rata payments every month since our problem started + I have set up a S/Order with my bank to pay them rather then sending cheques.

[Guest Old_andrew2018]

bump

[emmaf01]

I'm dealing with Capital One myself at the moment (or their minions Debitas).

 

Refuse to speak to them on the phone- it only encourages them. Instead send the telephone harassment letter in the Debt Action Group section- here's the link.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/71386-diskmandave-robinson-way-co-44.html

 

Just adapt it to fit your needs.

 

None of us should have to deal with this rubbish.

 

And don't send them anything they are not entitled to- any bank statements etc. For advice contact the CCCS.

[beachcomber60]

Seven days of peace then the phone calls started again, what part of "only correspond in writing" dont they understand. CCA in the post & S.A.R - (Subject Access Request) to follow. Aint taking any further cr*p from them!

[Alphageek]

Adapt and send this (thanks to Steven4064)

 

Barclays Legal & Compliance

Level 29

One Churchill Place

London

E14 5HP

 

Dear Sirs

 

Re: Account xxxxxxxxxxxxx (Barclays Partner Finance)

 

The above account belongs to son4064 who used to reside at the above address but no longer does so.

 

Barclays persistently phone son on my telephone number (xxxx xxxxxxx) concerning collection on this account even though I have told Barclays on a number of occasions that son is no longer at this address and requested that no more calls are made to my telephone number.

 

I received such a call today and again repeated my request that this number should not be called, as son no longer lives here. The person I spoke to claimed to be a senior member of staff and, on that basis, refused to let me speak to a supervisor. He also said that it was his intention to carry on calling this number as it was the only number Barclays had. It is clear that Barclays’ policy is to harass the nearest person they can get to if they are unable to communicate with a client.

 

I would like to point out that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997 –

 

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other…

 

2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both...

 

Further, this behaviour is also an offence under s127(2)© of the Communications 2003 –

 

127 Improper use of public electronic communications network

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

…

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both...

 

I have written to you so that you can impress the seriousness of their actions on the department concerned, since the person who phoned me was obviously ignorant in this respect.

 

If I receive any further calls relating to this matter, I will give the facts to the local police, naming the Barclays employees involved and any senior managers I deem to be responsible. I also reserve the right to civil remedy under s3 of the Protection from Harassment Act and also enforcement action under s4 of that Act and s129 of the Communications Act via OFCOM.

 

Please do not phone concerning this matter. If you need to communicate with me, write to the above address. The only correspondence I am prepared to entertain is a confirmation that Barclays are going to cease this behaviour. Any other correspondence will also be deemed to constitute part of the same campaign of harassment.

 

Yours sincerely

 

steven4064

[beachcomber60]

Thanks for the info, like the wording, the calls relate to my account with them so can it still be used.

[emmaf01]

Try this perhaps

 

Dear Sirs

 

Re: Account xxxxxxxxxxxxx Capital One Credit Card

 

I have already written to you on **/**/**, stating that I will only deal with matters regarding my credit card account in writing.

 

However I am still receiving telephone calls from your representatives.

 

I would like to point out that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997 –

 

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other…

 

2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both...

 

Further, this behaviour is also an offence under s127(2)© of the Communications 2003 –

 

127 Improper use of public electronic communications network

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

…

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both...

 

If this harassment continues i will report this matter to the Office of Fair Trading, Trading Standards and the Police.

 

Please note all further telephone calls will be recorded and logged as evidence.

 

Yours faithfully,

[beachcomber60]

Cr*p1 have ignored every letter I have sent since May, they now I will not discuss it with them over the phone (even tho' they keep ringing), I am awaiting my CCA however today I have received a threatening letter from Debitas demanding the full balance or to ring them WITHIN THREE days to arrange payments, I cannot afford to increase what I've already been paying cr*p1 over the past few months (as a gesture of goodwill while waiting for them to accept my NDL budget plan).

[emmaf01]

If you have sent the CCA request by recorded or special delivery you have proof they have received your letters.

 

They did this to me a couple of days ago, sending me a letter saying I hadn't been in touch with them, when they had signed for my letter. So I rang them. A transcript of the conversation is on this thread, below. They really are a bunch of idiots.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca-86.html#post1670273

[beachcomber60]

thanks for the info, should I write to them saying the account is disputed (awaiting CCA from Capital 1) or is that only after SAR has been requested.

[emmaf01]

Just write stating you are waiting to receive a CCA and will respond after this has been received. Send by special delivery, as they don't seem to be able to find their own post at the moment.

[beachcomber60]

Further to my earlier posts I forgot to mention that I have been paying pro rata payments every month which cap1 have gladly been accepting. They have never written to me accepting pro rata payments or declining them. In addition I have been paying pro rata payments (as a gesture of goodwill) to my wifes account as she only receives JS allowence since being made redundant.

 

I wrote a letter of complaint to Cap1 last week and CCA sent 18/08, please advise on what my next step should be with CAP1 & now with Debitas, as they have given me three days to pay up.

 

PS Even though they have been accepting prorata payments, on both accounts, and our request to freeze charges & interests has been ignored, they are slapping on over limit charges, late payment charges (because they are only pro rata payments) and interest which is pushing us further and further into the smelly stuff

Edited August 21, 2008 by beachcomber60
additional info

[ukaviator]

Beachcomber

 

A few questions:

 

How much is outstanding?

 

How much in charges do you think are added to the account?

 

If the charges are the cause of your debt, with the default caused by the charges, we should be able to get it removed, along with a refund.

 

The CCA maybe valid, so you need to consider the alternative attack on Capital One. There maybe enough in charges, with interest to pay it all off and remove the default.

[emmaf01]

It's a really good idea to have that sort of two pronged attack, Beachcomber. That is my plan of action at the moment. I have most of my statements but will have to SAR to get the rest. Then, hopefully after they have responded with the CCA (or haven't), then reduce the debt by claiming back every late payment and over limit fee ( or late and failure to pay default sum and over limit default sum). They already add up to a reasonable amount.

[beachcomber60]

Once again thanks for your advice, having a tough time today four calls in four hours - two to my home number and two to my works number, near breaking point

[Belville]

Hi beachcomber

 

Below is a copy of the letter I sent to Cap one's Debt collection agency NCO

 

It worked and they wrote back confirming that my phone nos had been removed from my records

 

Dear Sir/Madam,

 

Your ref:

 

Thank you for your letter dated xx/xx/xxxx, the contents of which are noted. As a holder of a Consumer Credit Licence, you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which is in dispute with Capital One (Europe) plc, prior to your first contact with me, and has yet to be resolved.

 

Office of Fair Trading guidelines Section 2.8k clearly state "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the Office of Fair Trading guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the Office of Fair Trading guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the Office of Fair Trading guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Further, take note that continued telephone calls after the receipt of this letter may constitute a criminal offence under Section 127 of the Communications Act 2003. I will only communicate in writing; your telephone calls will not be answered.

 

I am of the opinion that if your company continues pursuit of this alleged debt, it will be in violation of the Administration of Justice Act 1970 section 40, Protection from Harassment Act 1997 section 3 as well as breaching a number of the Office of Fair Trading Collection Guidelines.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I look forward to hearing from you in writing.

 

Yours faithfully

 

You'll have to adjust it according to your own circumstances but I hope it helps

Belville x

[beachcomber60]

Thanks, going to have to learn to batten down the hatches and fight, instead of trying to do the decent thing and sort out both our finances, I am tempted to tell 'em that as my wife has lost a £27k job and is only receiving JB Allowence they'll get a choice of token payments of £1 or nowt! Think I made a big mistake in trying to do it jointly (phones is now 6 today)

 

Am I wrong in thinging that credit/dca's are not allowed to telephone places of employment?

[Belville]

Unfortunately what they can and cannot do is neither here nor there as they tend to do what they like until you catch them but the short and curlies.

Try sending the letter in my post above and if after that they still keep phoning you report them to the FSA, FOS and OFT as well as your local trading standards office. although I think that they will respond as they like their credit licences more than they like harrassing you.

Good Luck

belville x

[beachcomber60]

The day I sent for my cca, crp1 posted a letter to me closing my account the day after that a letter was posted from debitas demanding payment within three days, in addition I had lodged a complaint against cap1 three days prior to sending for cca regarding the way they were handling my account. The outstanding balance contains, I should guess about £500 in unlawful charges. Who should I go for Cap1 or debitas - also I have not received a deed of entitlement so not sure if debitas now own the debt or just acting as collectors for cap1.

 

Any advise would be must greatful.