Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[emmaf01]

We are getting about five calls a day, but as I am still doing the blooming court docs for this...

 

Finally found the compound interest calculator for the interest. Then the printer packed up!

 

So now we have the principal sum (which Cap1 have now added another £24 in charges to, thanks), the interest they charges on the charges (approx) and the 8% on the lot. Plus the Subject Access Request fee. This covers nearly 75% of the outstanding balance.

 

Now I get to print of forms times three and the fee remission form and send to Liverpool CCourt. And Cap1 can ring all they want!

 

PS Does Virgin do a call block service?

[emmaf01]

Yesterday we had 14 phone calls from Capital One to our landline.

I had 4 more phone calls from Capital One to MY mobile phone, even though it has nothing to do with my OH.

 

Two days ago Capital One were to AGAIN the account was in dispute by my husband and that he is taking them to court- they just said they will keep ringing and they have... REPEATEDLY.

 

They know the account is in dispute- it is even mentioned on my husband's last statement from them.

 

I just wish the court would hurry up and issue the claim- perhaps it might reduce the phone call frequency.

 

It is really driving me nuts now. I'm ill, waiting for an op in two weeks and the phone has been going twice an hour all day- plus calls on my mobile, even though I have told them it is not my husband's number.

 

All we do is either leave the phone to ring or answer, say the account is in dispute and put the phone down.

 

What they are doing is severe harassment, and I thought they were not allowed to do this when an account is in dispute?

 

Some one help us - this is getting horrendous.

[the_shadow]

Emma not being funny but I didnt see it in the thread...

 

Have you sent the telephone harassment template?

 

Have you tried your phone operator to see if call blocking is avail?

 

Can you change the number easily and at low/no cost if report harassment to phone operator?

 

 

 

Keep up the fight with crap1

[oggy1]

emma,

have you any way of recording the calls, ask them to ring on your mobile, there is usually a recording device on that.

 

lead them , get a name of who you are talking to and make sure they state the reason for the call.

 

explain to them you are recording the calls for future court action under the harrasment act.

 

log all the call times and dates , it will be usefull later.

they always flout the law so try not to be upset about it , once they realize the calls are recorded they will be more carefull.

 

keep up the fight against them.

[emmaf01]

I wish we had some sort of recording thingy (and we can't afford to buy one at the moment).

 

They really are taking the proverbial at the moment. They have just given me the name and address of who they want to speak to and why- after I have already said this is not the right person's phone!

 

I wouldn't mind but they have been told the account is in dispute and there is a court claim being made against them.

[emmaf01]

Apparently my account has been returned to Capital One who state I should "continue my payment plan" with them.

 

I will- I've paid nothing to their stinky DCAs. I will continue to do this with Capital One.

[Dorabell]

hi emmaf01 that happened with mine removed it from my credit file then sold it to lowells and they have put it back on my file:mad: CRA are investigating have not heard anything that was 3 weeks ago:mad: keep an eye on your file very sneeky good luck

[Desperate Daniella]

Hi Emma,

 

Just found your thread, and from what you say what you have been sent is exactly the same as so many people on Sunflower's thread, so do have a look there if you aren't on that thread already. Just Recieved A Signed Capital One Agreement It's generally felt there that this stuff is enenforceable. I've only been sent their current terms and conditions and a signature box so I haven't even bothered to start my own thread, just contribute to Sunflower's, and she is okay with that.

 

Good luck with this.

 

DD

[emmaf01]

Well Capital One have finally acknowledged our claim about their charges.

 

They also continue to ring, even though we have said it is in dispute and now in the hands of the local court. They rang three times today alone.

 

They have also today advised us they have added another £24 of charges.

 

SO what are they allowed to do? Who should we complain to? The account has been in dispute since October over these charges.

 

We have even overheard them talking to their "collegues" and listing the case number, so we know they've got it!

[emmaf01]

Can someone give us a clue about what to do about this?

 

Do we add the further charges to the court claim- will it cost us money to amend?

 

I'm sure they aren't supposed to be still ringing asking for immediate payment when they have acknowledged the court claim?

[emmaf01]

So they've now acknowledged the claim and are STILL ringing!

 

They asked us last night to pay the arrears(about £100) - we said we'd pay when they paid us what they owe us(£500).

 

And they've now added another £24 in charges. DO we add these to the existing claim? Won't that cost us money, even if you get fee remission?

 

I'm recovering from major surgery. Funny though they are, I don't need to keep hearing my husband ranting at these dimwits! I need him available to peel grapes and make tea.

[emmaf01]

So we have now had an offer from Cap1 for the full amount MINUS the SAR fee and not including the charges they shoved on again while the claim was being processed by the court.

 

Of course no admission they have done anything wrong.

 

So I'm thinking of a letter saying no, unless they include the SAR fee and also remove the two charges from February. What does anyone think?

[beachcomber60]

Emma,

 

I would include the £10 SAR fee, I've read somewhere that this fee is refundable when a claim is submitted, I've included it in my claim with barclayshark.

As to the additional claim I think rather then mess up court claim I'd treat it seperately and submit another claim - my opinion anyway

 

(Hows the grape peeler doing - hope there seedless!)

 

Beachy

Edited March 9, 2009 by beachcomber60
Little iPhone keypad x big digit = mistakes

[emmaf01]

I think we'll write and turn them down unless they include the full amount of the claim (including SAR fee) and agree to remove the two charges they sneaked on.

 

Couldn't care less about them anymore.

 

Funnily enough they aren't ringing anymore...

 

Can't get grapes down unfortunately- I'm stuck trying to retrain OH to make milky coffees!

[emmaf01]

I need some help with what to do about these 2 extra charges Cap1 have shoved on the account while the court was processing the claim.

 

Do I need to amend the claim at the court? How much will it cost?

 

Or do I write to Cap 1 saying "you have added these extra charges- remove them or I will add them to the court claim"?

 

If so, can someone give me some pointers about adapting the rejection letters for this?

 

Sorry I'm in a bit of a tiz- Cap1 have started ringing AGAIN- despite an offer letter which almost clears the account!

[emmaf01]

I really need some help with this- can someone give me any idea of what to do?

[emmaf01]

bump

[beachcomber60]

Hi Emma,

 

If it was me, I'd keep the additional charges seperate to the current claim you have issued papers for, then hit 'em again.

 

I, like you, dont seem to be getting much support - I have a particulary bad creditor that I am locked in battle with now that I've challenged the validity of the cca - initially got help & support & given letters to write then nothing now the creditor is of the opinion they got me, my thread, like yours has died, seem to be all alone now.

 

Well thats my moan for sunday morning - now to bump my thread again.

 

Beachy

Edited March 15, 2009 by beachcomber60

[GhostDebt]

Hi,

 

Have you sent them the telephone harrassment letter?

Not sure about adding the other charges onto the claim. Have you asked the court what they would suggest?

 

Best wishes

[MickKane]

Hi Emma I would accept what they have offered you and then stary another claim. I have done capital 1 twice now, getting full amounts both times.

[emmaf01]

Good idea, Mick- then I don't have to pay them the extra £35 to amend I think!

[emmaf01]

I'll probably do that Mick- I'm just one of those finicky people who like to keep everything in one place!

 

And still Capital One keep ringing- they want the reamining balance of the account immediately- all £150 of it. They only paid the rest off last week with their "refund". Lovely people- not.

 

So we paid them a fiver.

[emmaf01]

So last night I got Cap1 to remove two of the three charges- the most the "customer service" advisor said she could do. Just one to go. I'll just send in a letter saying we are prepared to accept the full amount plus the removal of this charge.

 

I'm sure they should have filed a defence by now, but we haven't received one- might be a backlog at the court. I'll give it to next week or file a judgement, methinks.

 

They haven't paid up the amount plus the daily amount either. Is that from when we signed the forms or when the claim was issued? I can never remember!

[bluemoonbob]

I get almost daily calls from Capquest regarding my CapitalOne account. They never get very far, I always put the receiver quietly down beside the phone and walk away.

 

They don't take any notice of letters, but don't let that stop you sending them.

I used to get several calls a day from crapquest

The I rang them back and after much gentle persuasion of

"are you in charge? no then pass me to your manager"

I spoke with a muppet called Alistair (allegedly)

Before I was prepared to discuss my account with him I advised him that he must answer my security questions such as his date of birth and address etc.

Obviously he declined to do so stating that I had called them.

He had no response when I pointed out that when they called me they asked me "security questions" Why should it be so different the other way round?

Well that really put the cat among the pigeons They are`nt programmed for that,

so one very p*ssed off Alistair stated that my number would be removed from their calling list and so far no more calls:D