Jump to content


Can Capital One demand my bank statement?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4879 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have been sending my income and expenditure to Capital One for the past three years now, but on the last update they wanted proof of my benefits which I have sent. They are now requesting a copy of my "Bank Statement" and I wonder whether I need to do as they ask to avoid them getting a court order. I don't know what to do next. Any advice much appreciated.

Link to post
Share on other sites

I have been sending my income and expenditure to Capital One for the past three years now, but on the last update they wanted proof of my benefits which I have sent. They are now requesting a copy of my "Bank Statement" and I wonder whether I need to do as they ask to avoid them getting a court order. I don't know what to do next. Any advice much appreciated.

 

These fools are entitled to NONE of the above, they clearly have delusions of grandeur, it is not up to them to dictate to you how much your to pay them, it doesn't work like that unfortunately, YOU tell THEM what YOU will pay.

 

They have absolutely no rights to see proof of your benefits, are they saying your telling them fibs??

 

Tell em to foxtrot oscar and mind their own, send them no more I&E forms or anything else they request which contains personal and confidential info.

 

How much is the amount, roughly?

 

When did you take this out?

 

Your on benefits, so all you should be paying them is £1 a week/month. Cheeky bleeders.

 

I can't believe how rude these people are!:-x

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

These fools are entitled to NONE of the above, they clearly have delusions of grandeur, it is not up to them to dictate to you how much your to pay them, it doesn't work like that unfortunately, YOU tell THEM what YOU will pay.

 

They have absolutely no rights to see proof of your benefits, are they saying your telling them fibs??

 

Tell em to foxtrot oscar and mind their own, send them no more I&E forms or anything else they request which contains personal and confidential info.

 

How much is the amount, roughly?

 

When did you take this out?

 

Your on benefits, so all you should be paying them is £1 a week/month. Cheeky bleeders.

 

I can't believe how rude these people are!:-x

 

Absolutely!

 

What is this debt for?

Link to post
Share on other sites

I am just worried they may take me to court as I am not up to it, health wise. It’s a credit card debt of about £6000. I am making a payment of £4/mth since state benefits are my only income. I have nothing to hide and all the information I send them is correct but I feel very uneasy them having copies of my benefits now. I had their credit card for some years before my life was turned upside down in 2004 and I ended up on benefits with a debt which seemed to have grown out of all proportions. Should I just ignore their last letter and hope they don’t take it any further? Many Thanks

Link to post
Share on other sites

Dont worry

 

I know that is really easy to say but take it from me, I have been in the same predicament. The worst case scenario is that they take you to court and the judge orders you to pay £1 per month!

 

Dont be frightened of going to court, a judge would only order you to pay what you could and probably give the DCA a rap of the knuckles for taking it so far.

 

Only a judge can demand information regarding your income and exptenditure.

 

You have supplied the DCA with the information that they require, which is that you are on state benefits. If they are not happy with this information, its a shame but you are not obliged to give them anything further.

 

You could ask them for a copy of your credit agreement.

Edited by MONX
typing with my toes doh!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

Link to post
Share on other sites

Guest Cartaphilus

This is just another tactic used by Capital One over the years. I imagine they may have sent you their very expensive looking, glossy dossier alike A4 sized version of what they think is a an I/E statement. If they not, they will eventually. It's not done BTW to the commonly used BBA standards accepted mostly throughout the financial services as an accepted I/E form and what needs to go in and what does'nt'. What they are actually looking for when they ask for your bank statements isn't to see how or what your income is it's mostly to see what you are spending, so you can cut down on things to pay them more. That's what CCCS told me anyway a long while ago when I received one and they asked me for bank statements.

 

All I will say is it took one year of banging my head against the wall with letters to and for them to even acknowledge my situation. They also didn't have a credit agreement. During one phone call with them I was told by one of their 'debt managers' or whatever fancy titles they allocate themselves that it was 'company policy to ask for bank statements'. So there you go. Law unto themselves. I am sure you've already seen their attrociously worded letters they spew out which contradict the previous ones.

 

I'd do what MONX said and just get the credit agreement request off. They have been given the opportunities and you have done everything willingly to show them your situation they continue to ignore it. So level the playing field and request your CCA.

Link to post
Share on other sites

Hi,

 

Have you sent CCA request?

 

I had a similar experience recently. I did not give them the information they wanted, but a short while later they still sent me a letter saying they had put me on a payment plan. No mention of Court or anything.So try to not worry to much about it:)

Don't send them your bank statement, as others have said, it is none of their business

Cap 1 CCA enforcable or not?

 

Take care, your health is more important than CapitalOne.

Regards

 

Molly:)

Link to post
Share on other sites

You should most definitely send off for your CCA.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Tradinglink3.gif Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not signlink3.gif

Link to post
Share on other sites

When I first got into difficulty with paying a Cap one account, and didn't know any better about my rights, they wouldn't stop interest and default charges and allow me a repayment plan until I provided a doctors letter proving my ill health.:mad::mad: Cost me £35 for the report, it should have been £60 but my GP knew I was in financial difficulty.

 

After I found CAG I sent off for my CCA, and all they came back with was an unenforceable application form, so I put the account in dispute and stopped paying them altogether.

 

That was 2 years ago, they eventually passed the account to Lowells, who have just written to me and said that due to the length of time since the account was opened Cap One can no longer find the paperwork so Lowell have closed the file and I won't hear anymore from them, unless Cap One eventually find the agreeement.:grin::grin:

 

I definitely wouldn't be send them any personal info and certainly not bank statements. It does no harm to ask for your agreeement. You never know they might not be able find yours either.:)

Link to post
Share on other sites

  • 3 months later...

Thanks for all your help guys. Since I didn't hear anymore from Capital One, I just kept the £4 repayments and did not send them any bank statements. However, last week I received a letter saying that my account is now in default and they now have the right to demand the payment in full. The next day I started to receive phone calls from Fredrickson every day or even twice a day. They ask for my personal information but when I ask to know who they are and why they are calling me, they say that they cannot disclose that information. They sound quite a nasty bunch. I suspect Capital One has passed my account onto them. I told them I will only respond in writing but the phone calls persist. I find them very difficult to deal with. I can't disconnect the phone since I have severe spinal cord compression and it wouldn't be very safe for me. I will sent CCA this Monday and see.

Just want to say that since I found this site they do not scare me anymore and the information and support you guys offer is worth gold. Thank you.

Link to post
Share on other sites

Hi

 

I presume that you did not send a CCA request to Cap 1? Have you had a letter from Fredricksons to say they are collecting the debt ? If so you need to send the CCA request to Fredricksons with £1 PO - do not sign, print name. Send recorded and wait 12 plus 2 working days then send an account in dispute letter if nothing is sent. It will then be appropriate to stop all payment until they send a valid agreement. Let us know if you receive anything.

 

You also need to send a telephone harassment letter with the CCA request and add to this that you are disabled. A call to Consumer Direct is also in order and insist that they get Trading Standards to stop the calls. I will find the letter links in a minute.

Please support CAG and they will support you.

donate

Link to post
Share on other sites

Get the letters off to them - they are total idiots! Capital One know that you are benefits and can only pay £1 per benefit payment which is all a judge would order. They will probably send the account back to Cap 1. Whoever it is passed to then, you can say the account is in dispute until you receive a valid agreement.

Please support CAG and they will support you.

donate

Link to post
Share on other sites

If they do not send you an enforcable credit agreement within the next 3 weeks you can certainly stop all payment when you send the dispute letter until they do produce an agreement. £1 per benefit period i.e per fortnight if that is when you are payed, is the minimum a judge would agree if it went to court. and was enforcable. Do you have any priority debt arrears you are paying from benefits like gas, electric, water, rates, rent etc as these have to be allowed for? It is up to you to tell the DCA or creditor what you can pay and stick to this, but only if they prove it is enforcable.

 

I would keep paying for now and report them to 'Consumer Direct' for harassment as they are just a bunch of chancers.

Please support CAG and they will support you.

donate

Link to post
Share on other sites

I would stop ALL payments until you know for certain who the hell is in charge of collecting this alleged debt. Freds will pass it on to their irritating embarassment of a solicitor Bryan Carter, if you have had no notice that these fools have been instructed to collect on this account, then all you need send them is http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt#

 

Then, 'IF' they come back with the same account number or refer to this alleged acount you were paying Cr@pone for, then you can send them the CCA request http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

As for the telephone harassment, keep a diary of events with a view to reporting them to your local Police station for the criminal offence of Harassment.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

1 Prohibition of harassment. E+W

 

(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.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

Report them to Ofcom also, for breaching the communications act.

http://www.ofcom.org.uk/contact-us/

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

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

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©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.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

If they continue to ring, go through your phone providers malicious calls procedure, IF you feel you need to change your phone number, then that is evidence enough for the Police to show you are being harassed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

A quick bit on the timescale of the CCA and disputing the account.

They have 12 'working' days from 'Receipt' of your request in which to send you your agreement, at which point if they fail to do so, you can then withhold payment and place the account in dispute. Which is why CCA requests are sent recorded delivery, so you know when they have received it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...