what should I do now - if anything

[Dotty50]

Hi Flooz,

 

Typical Crap1 delay tactics!

 

They asked for my signature, sent them one, (as you did, I guess) and they sent me the signed form like you got earlier. Strange thing was the signatures were completely different but no-one checked that day!

 

AND they don't send everything, I have just written back for more information, are you subbing to my thread?

[flooz]

Hi Dotty, I shall compose yet another letter to them when I've a moment. Yes, I check your thread, although unfortunately at the moment I've so little time to myself I don't get on here often. TBH, I feel like giving in with Cap1 and just paying the damm thing to stop their tactics, but I guess that's what they're hoping for.

[johnerog]

Hi Flooz

Cap.1 have been sending statements to your home since the card was issued. Are they now saying that that address is suspicious? You do not have to sign anything. Just print your name.

Drop a letter to the Info Comm regarding the refusal to send an SAR and send Cap.1 a copy.

Other than that just ignore the vultures.

John

 

 

P.S.No news my end yet. Just geeting my act together re- asking the court for a declaration under 142.

[Laura Cooke]

John

 

Your right about the signature and they do know who you are but none of mine would send the sars without the signature did report them to the ICO whom haven`t even acknowledged my letters they like all the other governing bodies neither use nor ornament just Civil Servants in a created post which does nothing like it`s supposed to do

[flooz]

Thanks everyone, it's nice to feel 'supported' by you lot when the going gets tough.

[flooz]

How does this sound guys??

Quote....

Thank you for your letter dated .............. the contents of which are noted

 

In your letter you make reference to my signature not matching the signature you have on file. May I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my request, and thus your request is unfounded. Indeed you have previously accepted this second signature on correspondence to which you have responded. Moreover, please note that you have been happily sending statements and correspondence containing extensive sensitive private information to this address for some years, and I therefore have to ask, if you have concerns as to whether you are corresponding with the correct person, why has it taken you so long to raise this or indeed why you have cashed the cheque enclosed with my request.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

My subject access request for information regarding this account was made on 20th January, I do not believe there is any provision to extend the time limit for your response, even if you are unsure of my identity and I look forward to receiving the documentation requested.

 

Finally, I draw your attention to the quantity and frequency of telephone calls I am receiving from your company, which I deem to be personally harassing and distressing to other members of my family. I have verbally requested these calls to stop with all further communications to be made in writing.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

.....end quote

[Laura Cooke]

Good letter I want to find a way of getting my hubbies SARS from MBNA they won`t send them without either passport/driving licence as proof it`s ridiculous I wouldn`t send his passport to anyone and he doesn`t have a driving licence don`t see why if they have been happy ringing you, and writing to your address for years that that isn`t proof enough they have the right person

Edited February 7, 2010 by Laura Cooke

[flooz]

Check in the library of template letters Laura - there's a letter there for you to use. It's what I based my letter on.

 

On a separate note, does anyone know of anything in the telecommunications act about calls on a Sunday??

[gezwee]

 

On a separate note, does anyone know of anything in the telecommunications act about calls on a Sunday??

 

I was looking for the same info but tbh I think it fell within the OFT guidelines on debt collection........ reasonable hours etc etc.

 

If I can't find it soon I'll ask on another thread later to see if somebody can point us in the right direction

 

Gez

[flooz]

Thanks Gez - I've had 3 today, so far..........

[Laura Cooke]

Is not even the Lords day sacred lol shame on them mind you if they are caling from Indian call centres? Friday is their holy day

[gezwee]

Found the OFT guidance notes........

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

States 'unreasonable', personally I'd call Sunday bliddy unreasonable especially when I'm off to church...... my church that is, others may call it a pub

 

Gez

[Dotty50]

I hope you don't answer them Flooz!

 

I have only had 1 today but usually get 2, I just programmed the numbers into the house phone so that it just shows Crap 1 when they call, just makes it easier for others in the house to ignore them too!

[flooz]

we know the number now Dotty, so don't answer it. Did I remember on your thread that they did eventually give up? If I'm right, approximately how long did the calls continue before they got the message?

 

Thanks for the link Gez, I'll have a peruse later on.

[Dotty50]

THE number? I know to at least 7 different ones!

 

Still getting them on a daily basis, CCA requested April last year, sent usual stuff, am looking towards a PPI and charges claim at the moment, waiting for them to confirm previous interest rates.

 

I did manage to get them to stop calling me at work but it took about 3 letters!

They haven't got my mobile.

[flooz]

LOL Dotty, at the moment, they're only using the one number to phone us, no doubt that will change sooner or later. I must've read on someone elses thread that they had given up. I know I read it somewhere. There's too many threads on here to keep up with, lol.

 

I shall be sending my letter this week. Let's see what they come up with this time. No doubt I shall be provided with yet another copy of the application form.

 

I do think that acceptance of the cheque indicates they should be accepting the letter, and believe a Court would too. But then again, I've been known to be wrong. ;-)

[gezwee]

Oooooooh, just found out they do love me too...... letter today advising SD on its way by the 16th

[flooz]

forgive my ignorance Gez, but what is SD? (I may be just a little dense this morning) ;-)

 

It has also just dawned on me that Cap1 have absolutely no genuine reason to query the signature on my recent letter, indeed the cheque enclosed with it (which has been cashed) quite clearly had the signature on it that they are familiar with. So I have adjusted my letter to reflect this ;-)

[Laura Cooke]

I have no idea what SD is but it may be Statutory Default? I think Cap 1 stalling

[gezwee]

forgive my ignorance Gez, but what is SD? (I may be just a little dense this morning) ;-)

 

 

Lol..... Stat demand, first step toward Bankruptcy petition

[flooz]

Ah, I should've worked that out, lol. That's serious isn't it? Anything you can do about that?

 

We're possibly on the verge of bankruptcy anyway, so if Carp1 have any sense, they'll try and do a deal with us ;-) But then again, do they have any sense??? ;-)

[gezwee]

I'm fairly confident with set aside, if i think I may c*ck it up I'll pay a sols...... still have the house to protect so best to play safe.

 

Only a partial application for CCA, dodgy DN followed by an even dodgier termination and assignment so if they do test the water on small claims track later on I stand a chance with that as well.... mines over 26k on this card so me thinks they'll spend a few squid chasing it

 

Bankruptcy suits some people and gives them a fresh start, have you ever sat down with a specialist to see if it would work to your advantage by inviting a creditor to petition?

[flooz]

Not yet Gez, it's still a final option at the moment, but to be honest, the mere word terrifies me. I've never had a situation like this in my life!! At the moment, I'm still hoping that of the 3 creditors, one (Natwest) hasn't a hope in hell's chance, they've admitted no agreement, and despite no payments for 4 months now, I've not heard anything. The second is this one (Cap1) and the third is more difficult, full CA provided, only thing missing is the cancellation option. Haven't done anything about that yet, and may or may not do so. It be my preference to have them all settled at a reduced amount in the not too distant future. But we'll see.

[gezwee]

Never had anything like it either, worked all my life, paid the bills on time and the moment I start to struggle every creditor (with the exception of one) has acted a total ar*e.

 

If they'd shown the slightest sympathy to my financial problems when they were made aware I might not be making them work so hard to get anything out of me now!

 

Rant over

[Laura Cooke]

Keep your chin up gezwee