Help! - I'm being harrassed by Capital 1

[monkeymad1]

Hi all,

 

I wonder if there is anyone who can help me with a problem that I am having with Capital 1.

 

Basically, I was "persuaded" to enter into a repayment plan with them following various threats to take me to court for non payment of my credit card. The amount "agreed" was forced on me by Capital 1 even though I had previously provided to them a financial statement which quite clearly showed that my disposable income was insufficient to pay this sum.

 

I have been unable to meet the payments and as I consequence, I have been receiving a number of phone calls every day demanding payment in full. These calls started in February and I receive on average about 6 or 7 calls each day, including Easter Bank holiday Monday!

 

Having read the various threads on this forum I sent Capital 1 the debt collection template letter for harrassment by telephone and I have now received the attached reply.

 

I would welcome any comments and help that anyone can provide on what to do next. I would also appreciate any assistance that can be given with regard to preparing a suitable reply.

 

Monkeymad

Received Capital 1 letter (1).pdf

[Crocdoc]

First of all, I suggest that you visit your local CAB and ask them to compile a accurate financial statement and forward it on your behalf outlining your situation and reducing the payment offer to an affordable level.

 

In The meantime, never talk to these people on the phone, the way to avoid this is never answer their so called security questions.

[comebackjimmy]

Hi

 

I think their behavior in general and this letter in particular is outrageous. If it was me this is what I would do.

 

1. Challenge the debt. Ask for a copy of the CCA agreement using the template on this forum. If they don't respond within 12+2 days you are legally allowed to withhold further payment until they do respond.

 

2. Send them a subject access Request. It will cost you £10 (postal order recommended and send by recorded delivery). Make a particular point in the request that they provide outbound telephone logs including attempts as well as successful calls, and also demand the recordings they make or a statement that they have not recorded the calls. (It would be very surprising indeed if they came up with the recordings but when they don't they will have broken the Data Protection Act and you can proceed from there.

 

3. In the meantime do your own income and expenditure sheet. Your priority debts are as follows:

 

a. Rent or Mortgage

b. Council tax

c. Food and Utilities

d. Transport, essential clothing.

e. Everything else

 

This is for your own use only and you are under no legal obligation to provide it to them and nor should you. The amount you can afford to pay comes out of e. If this amount is less than they want so be it. You wont be able to afford more as you have discovered. Should they come up with an enforceable agreement you can then pay the amount you have worked out for yourself. They can either accept it or take you to court. If they win the judge will then 99% be likely to set the repayment at the level you offered).

 

With regard to the harassment letter take a long look at this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

 

as there is loads of useful stuff.

 

With regard to telephone recording take a look at this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169591-recording-phone-calls.html

 

Subject to following the advice in the thread above, if I had received this CRAP1 letter I would be furious. I would do the following:

 

1. Complain to Ofcom

2. Complain to Trading Standards

3. Make a complaint to the police. Make them accept the complaint and get a crime number. They wont want to deal with it but it is a criminal offence and they must.

4. Tell your MP (when you find out who he is after the election).

5. Tell the FSA.

6. Tell your phone provider.

 

If you use BT try the Choose to refuse service. If it is not BT find out if your provider offers a similar service.

 

Do all of these things and see how many of the above agencies start to harass CRAP1.

 

Finally some rules for dealing with Debt collectors:

 

1. No phone calls not ever. If they call put it down without speaking to them. If they call back leave it off hook for a while.

 

2. Written communications only. In my view they have done themselves no favors by sending you the letter they have because it is tantamount to saying they will continue to harass you. Harassment is when you think you are being harassed, which you do think, and failure on the part of CRAP1 to deal with that is a CRIMINAL offence.

 

3. If you must write to them never sign the letter, even if they write back and say they must have a signed letter. There is nothing in law that says you have to sign. The reason for insisting on written comms is that you have a record of what was agreed. It can have the added advantage that they write something foolish, unreasonable or just plane wrong as they have done here.

 

Good Luck.

[comebackjimmy]

and here is your letter to edit and otherwise do with as you want. I might have overcooked it but their letter really got up my nose!!

 

Dear Sirs

 

I find your response to my lawful request that you stop contacting me by telephone to be a total disgrace. Your firm is not fit to conduct business in this, or any other territory.

 

Not withstanding your paragraph 2 where you state it is not your intention to harass you are no doubt aware that your actions are none the less, harassing. If you are in any doubt you should ask your legal department for clarity and I refer you back to the acts of parliament you mention in paragraph 3 with which I strongly suspect you are unfamiliar. In effect, if I feel harassed by your actions then in law you are harassing me which is a criminal offence.

 

For that reason I have reported your actions and provided a copy of my original request and your reply to the police (crime number XXXXXXXXXX).

 

I do not care what you believe is the best way to collect debts. As, in addition to the criminal matter that has arisen, a legal/civil dispute now exists between us it is best for me to ensure that all communications between us are in writing so that I can produce evidence in court or to other parties. I do not care what is best for your miserable operation, which has no interest at all in following the lawful wishes of its customers.

 

If as you say in paragraph 4 you are unable to communicate with me in writing then you will be unable to make any progress because I will not enter into any further spoken communication with you, which is my right.

 

Thank you for your advice on call recording. I am already very well advised on both the equipment I am using and the legalities that govern call recording, perhaps even more so than you appear to be. You should clearly understand, as I am sure you do, that I need no authority from you or any of your advisers to record calls not withstanding your intimations to the contrary, and should I do so I know exactly what I may do with them and under what circumstances. Rather than offering me legal advice you should be concentrating on your obligation as a corporate citizen to stay within the criminal law by not harassing your customers. Suffice to say in the unlikely event I find myself engaged in any conversation with your firm it will be recorded and you have been advised.

 

With regard to your paragraphs 6, 7 and 8 and after taking advice I am not at the present time convinced that I have any obligations to pay you anything. I am by separate cover making formal requests under the consumer credit act and the data protection act in order to determine what my obligations, if any, might be. If, after you have provided me with the information I lawfully request, and which you must lawfully supply it becomes apparent that I have an obligation then any repayment level will be determined by me as I am solely and uniquely able to calculate what I can afford based on my own personal circumstances. It is not for you to dictate a figure. Clearly this was not sustainable last time and serves your firm at the cost of other, more worthy recipients of my limited funds. You may either accept it or ask a court for a higher figure if you feel so inclined, in which case setting the repayment level will be a task for the judge.

 

With regard to your paragraph 12 I have no confidence in your firm or your complaints procedure which will doubtless be as foolish as your customer care practices are. I am instead relying on external agencies including trading standards, the financial services authority and the police in order to deal with your criminality, and bullying as admitted by you in paragraphs 5 and 8 of your letter.

 

You should consider this letter to be notice that the account is in dispute, that only written communications will be accepted and that no more payments are forthcoming until you meet your legal obligations as described above.

 

Yours sincerely

 

Might be wise to wait for some other CAGers to comment before you fire this off un-edited!

[Dotty50]

Hi Monkeymad1,

 

They will eventually stop ringing EVENTUALLY!

 

The letter that Comebackjimmy has very kindly done would more than likely be ignored or if they did respond, they would disagree with everything anyway.

 

As far as putting the account in dispute, I believe this should only be done after requesting the CCA and them not responding within the timescales required.

 

How old is the account? Have you got unlawful charges and PPI (payment protection insurance) on it? It may be possible to get these fees refunded and this would reduce the balance for a start.

[comebackjimmy]

Have to agree with Dotty50. My letter was a bit of a rant. On reflection it would not be likely to achieve very much. However, if they responded it would provide you with further evidence that they were content to harass you.

 

However, I do feel the other actions I suggested are worthy of consideration. Unless people start to make a stand financial institutions will continue to ride ruff shod with criminal acts, and harassment is a criminal act. It can damage peoples mental health, cause friction in homes between family members and should not be tolerated.

[Dotty50]

Can't disagree comebackjimmy,

 

I have VERY full folders of ping pong letters over the last few months, Crap 1 being one of them. They are all the pits and need to be taken to task!

 

However, non of the governing bodies seem to want to do anything!