Capone/cabot v OH (disputed Acc)

[beachcomber60]

calm down dear calm down (as michael winner says). Repeat after me :- Never speak to these morons on the phone! Seriously tho' I will never speak to them, only answered the phone yesterday as I wanted to confirm "unavailable - out of area was cap1. Haven't done complaint letter2 yet, bit shellshocked from the post - complete waste of time trying to reason with them, just don't know which letter to write first (absolutely disgusted with their 'holyer than thuo attitude" really hope they get their fingers burnt with this banking business, will scan default notice in the morning hopefully. How the hell can they boast that they help people in times of difficulties.

 

Really wish I didnt sign my letters to them - 'with love and best wishes - beachy'

 

Anyway your rant is forgiven and that was mine over for tonight.

[emmaf01]

I do find it amazing that you can't reason with them, but they really only want one thing- all of our money (and tonnes we don't have). Anything else apart from their little timetable of default, harass and try to farm out to A N Other DCA, is immaterial to them.

 

I'm back to hello, note date and time, goodbye. I think I was convinced they couldn't bother me anymore. Hubris.

[beachcomber60]

ditto

 

Frightened me to death this morning openin their letter, but the more I think about it Id take great pleasure in standing before a judge with my 'evidence' and shaming the a**holes.

 

Back to work tonight, Exeter - Birmingham and back, feelin a lot better but, like you, BLOODY ANGRY !

[emmaf01]

Safe driving and no road rage!

[beachcomber60]

Here is the default notice received from cap1, have been trying to set up pro rata payment plan with help from NDL, however, cap1 WILL NOT entertain unless bank statements, wage slips etc etc. are sent to them - flatly refuse to bow down to them - now this. Currently have telephone harrassment complaint with TS & OFT + account in dispute.

 

 

 

 

 

Edited September 19, 2008 by beachcomber60
Edit second scan

[beachcomber60]

Should I write to Cap1 & remind them that our accounts are in serious dispute & subject to a formal complaint with TS & OFT now on our side regarding Cap1s outragous attitude & quote OFTs ref.no.

[emmaf01]

I would- together with a copy of the letter from the OFT- was it a letter or a phone call?

 

I've spent today writing letters, though my two big ones to Cap are getting done over the weekend. I've sent off seven recorded delivery already today- well I got a bank charge refunded from Natwest, so I'm putting the money to good use on postal orders and recorded deliveries!

 

I've now been ordered to step away from the computer and watch some TV by the husband.

[beachcomber60]

When I make a new post to this thread it doesn't appear in the new posts index, thought I'd been sent to 'Coventry' apart from your replies.

 

Have also decided, for good measure, to go the route you suggested in your PM, though can't get appointment for over a week.

 

Had interview over the phone by TS yesterday, were just going to log it as a complaint until I was asked if I had proof that phone calls would continue my reply was "I have in my hand a signed letter .........." well you know the rest, let's just say the wheels are now well & truelly turning.

[out of cash]

Ok, on the face of it the first part i presume has your signature, however there is no mention on that page as to where the Prescribed Terms are to be found, therefore IMO this is unenforcable

 

can they just mention these in the 1st page of agreement?

[emmaf01]

That's right, hit them on all imaginable sides. This really is going to work out, Beachcomber. You are doing all you can possibly do and (if everything works out fully) Capital One will end up with a VERY public, VERY bloody nose.

 

I hope you are feeling better and a week for an appointment isn't really that bad, apart from when the phone is going morning, noon and night!

[willtheywontthey]

could you just briefly let me know which organisations you complained to about Capital One to and about which issues - I'm getting a bit confused who responsible for what.

 

I have a complaint with FOS regarding penalty charges and phone calls but am about to be defaulted thanks to FOS it seems!!

 

So who else do I complaint to about Capital One account being 'in dispute' and they threaten / about to default me? You seem to have gone to Trading Standards? - are they any good.. and what aspects can they investigate. You also mention OFT? Is there any use complaining to ICO about incorrect default / negative notes to credit agencies by Capital One?

 

Good luck! Am very interested to know which of the organisations seem to be having an effect with assisting you with Capital One issues as my FOS adjudicator was apparantly the one who asked Capital One to send me those income / expenditure forms and if not sent back Capital One will default me!! Thanks FOS........

 

(see thread http://www.consumeractiongroup.co.uk/forum/general-debt-issues/160716-capital-one-fos-argh.html)

[beachcomber60]

If their gonna default you they will no matter what. They defaulted me while in dispute and passed it to debitas, however, a strongly worded letter to them sent them back under their stone where they belong.

 

My wife has been also defaulted while account is in dispute, in both cases interest and charges are still being applied to the accounts. My complaint is with reference to telephone harrassment (currently 166 calls in 45 days) initially I contacted TS who then passed it to OFT who stated that cap1 are committing an offence of telephone harrassment as we have written to them 5 times to comm. in writing only + letter of complaint re. pro rata payments, default while in dispute & calls, the signed letter received back merely admits calls made & statement that they will continue to make them until we provide personal docs. that they know full well they are not entitled to have. Since letter of complaint daily calls have actually increased.

 

Been interviewed over the phone by regional office OFT whose initally response was to find some other way of letting Cap1 see proof of 'hardship' until I mentioned 'the letter' complaint now passed to area TS who have also interviewed me and will be liasing with Northampton TS regarding cap1.

 

* I urge anyone who has/is being harrassed by cap1 to make a complaint to TS as I was told that the more complaints received by TS will greatly speed up cap1 being told to get their act together.

 

Regarding FOS I have not had any dealings with them, as yet, however by what I have read on CAG they seem pretty weak in assisting the consumer.

 

All I can honestly say is thank you CAG & members for all your help & advice thus far - especially emmaf01 whose regular contact has stopped me 'goin over the top' had I not found CAG I dread to think what I would have done. Cp1 are absolute sh*ts to deal with, they abide by one law - THEIRS.

[beachcomber60]

Hi emma, Yes feelin ok, weekend I thought to hell with cp1, put petrol in the car (sorry cp1!) and spent the weekend sight seeing on Exmoor with the family.

[willtheywontthey]

Not meaning to intrude but did you use the OFT online complaints form to fill in... and did you go to TS separately of the OFT or did they link up somehow. As Debitas is in-house Capital One debt collectors how did you get them to shift debt back to Capital One (you mention a letter - any chance of a peek for future reference?)

 

Basically Capital One have stopped replying to any of my letters - so what can one do with these. Terrible company.

[johndeevoy]

Beach, when was the agreement signed? From what I gather, the CCA2004 Amendment Regulations which came into force on 31st May 2005 make very strict rules regarding the format and layout of CCA agreements which the posted shots do not comply with.

[beachcomber60]

Hi John, In answer to your question - 'application' signed January 2004.

[emmaf01]

I'm definitely at the "s*d Cap1" stage myself. I still haven't written another letter- doing it tomorrow as I can't afford special delivery until Wednesday! At least I'm pretty certain what I am going to write now, after some serious weekend reading.

 

Capital One have ignored my letters, denying they ever got there even though Royal Mail show a signature. I'm waiting for information on who cashed the postal order.

[beachcomber60]

Hi willtheywontthey, I initally phoned Trading Standards and was transferred to OFT where I made my complaint about telephone harrassment, as I told them I have a signed letter admitting that cap1 see no harm in telephoning and stating that they will continue to do so (calls have actually doubled since my complaint letter to cap1), OFT took a brief statement and gave me a complaint reference number. A few days later I received a call from TS as the OFT had contacted them ref. my complaint, they are currently investigating, however due to the signed letter and my log of calls cap1 will have to answer TS - so its a case of watch this space at the moment.

 

Regarding Debitas, they wrote to me saying pay up in 3 days or else - I swiftly wrote back telling them that the account is in dispute and what are they doing interferring (used a letter template from this forum with a little editing) - aint heard anything more from them since.

[beachcomber60]

Hi Emma, seeing cap1 seem to like the words 'this is our final response' I decided to give them MY final response regarding calls. In the unlikely event that TS cant sort them out it will be a case of contacting a man who can (re your PM), have read the stories and pretty sure he will jump at this one.

 

Seven calls today, mr 'unavailable - out of area' has started making silent calls to us now, pick up the phone to say bog off and there's no one there - annoying, but more power to the cause.

 

They have failed to provide all information regarding SAR, one months statement is missing and there are a lot of manual transactions that should have been made (ie letters we have sent) that have been excluded.

[emmaf01]

Wednesday is my next day to send off a big batch of letters- 3 to Cap1 I fear plus other SARs. It will cost a fortune but will pay for itself in the long run!

 

Cap1 were one statement short in my husband's SAR- funnily enough one which had two charges on it. Good job we had the original for that month!

 

I just don't trust them with anything anymore.

[johndeevoy]

Hi beach, this application also doubles as the actual Credit Agreement. It is clearly marked as such.

[emmaf01]

Does it include the prescribed terms? Is at actually a Consumer Credit Agreement or an application under the Consumer Credit Act?

[johndeevoy]

Yes, it does mention "application for credit" but it is also clearly marked as an Agreement under the Consumer Credit Act 1974. There is a 2nd photocopied page also marked as an Agreement which contains the prescribed terms. I have the exact same two documents sent to me by Cap1. I have posted here already that if the 2nd photocopied page is on the back of the original signature page (or the creditor can prove to the Court that it somehow clearly links to the signature page) then it is likely to be enforceable.

[emmaf01]

Have you checked the charges amounts- unfortunately the documents are no longer up on this thread to look at, so I can't.

 

And are they up on your thread, John?

[beachcomber60]

Well thats bit of a bummer ! Someone had to pour water on my fire.

 

Six say its not enforceable, one says it is.

 

"No prescribed terms, not list of penalty charges,

 

"Please supply me with ......"

 

"If your application is successful ......."

 

The fight continues !