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Capital one delaying CCA request.


Goatan
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I have sent a CCA request to capital one early in april. They have recently sent a delaying letter asking for my signature. Has anoyone had any success with the CAG library letter stating that a signature isn't required. Also wondering if it is worth initialing it or writting my name in block capitals instead?

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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signiture for a cca request?

 

you do not need to send one

 

utter rubbish.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh i know but reading another thread cap one have used the excuse of no sig to delay things for a long time and the FOS said it wasnt unreasonable to ask for one. Just wondering if there was a way to stop there delaying game.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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simple fact of the matter is the CCA should have been returned in 12+2 day

 

no cca = NO PAY!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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tell us the history please of the debt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Its an old card which i had never used for a long time. Im trying to get a SAR and CCA to claim back my PPI and any dodgy charges. It seems i was slightly wrong its not the CCA they are delaying but the SAR (probably as they know the PPI was misold at the least) they have sent a reconstituted CCA today. So why can they send a CCA without a signature and not the SAR i fell i have a justified complaint about that at the very least. Will post the CCA up once i have it scanned.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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  • 1 month later...

I have sent a SAR to Capital one which has been ignored by them proabbly as they know they now owe me money due ppi charges etc. They complied weith my CCA request on the same letter. Now can anyone advice if i should go to the Information Commisioner or to the county court to compell them to copmly. Whichever action i need to take i know i will need to send a letter telling them what will happen and giving them seven days to comply before i take further action.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Hi

 

If its any help, what I would do is write to them saying that they are in breach of the DPA and you are now considering further action to force them comply. State that this will take the form of a formal complaint to the Information Commissioner and/or Court Action as you think fit and give them 14 days to fully comply.

 

That sends a shot across their bows and they know you are going to take this further.

 

You have still left your options open as to which or both routes you end up taking.

 

ims

 

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If you are considering taking them to court for non compliance. You would do well to read the following thread first.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight=

 

Did you send the SAR via a tracked method.. eg Recorded/Special Delivery ? If so, print off the reciept notice from the Royal Mail Website.

 

Did you send the £10.00 fee via postal order ? If so, telephone this number 01246 542091, they will tell you if the postal order has been cashed. You will need to ask them to write and confirm this for you, if it has. If you paid by cheque then you will be able to see from your statements if it has been cashed.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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All good advice, it was sent recorded and they definetly recived it as they replied to the CCA request in the same letter. Also they cashed the postal order on the 10th of May. I will send off the letter giving them 14 days to comply see what they say after that.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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How does this look as a letter?

The Data Controller

Capital one,

Trent House

Station Street

Nottingham

NG2 3HX

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: 5460 9761 9190 7644

 

I sent you a letter on 11/4/2011 the disclosure of personal data has not been done you have failed to provide a complete list of transactions and charges, Statements. You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

I note that you did comply with my CCA request in the same letter so there is no reason not to comply with my SAR request. I also note that you have cashed the postal order of £1 for the CCA and £11 for the SAR.

 

The time for compliance with my request has now expired. If you do not comply fully with subject access request within 14 days, I shall apply to the Information Commissioner and or the county courts to enforce compliance and seek any damages the court deem appropriate.

Yours faithfully,

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Hi Goatan

 

Sugested amendments are in red

 

How does this look as a letter?

The Data Controller

Capital one,

Trent House

Station Street

Nottingham

NG2 3HX

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: 5460 9761 9190 7644

 

I refer to my subject access request dated 11/4/2011 for the disclosure of personal data.

 

I have not received a complete list of transactions and charges, statements, notes or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

I note that you did comply with my CCA request in the same letter so there is no reason not to comply with my SAR request. I also note that you have cashed the postal order of £1 for the CCA and £11 (£11?) for the SAR.

 

The time for compliance with my request has now expired. If you do not comply fully with subject access request within 14 days, I shall apply to the Information Commissioner and or the county courts to enforce compliance and seek any damages the court deem appropriate.

Yours faithfully,

 

Hope this helps

 

ims

  • Confused 1

 

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thats great thanks and it was £1 for the cca and £10 for the sar £11 total

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Hmm, did you send both CCA and SAR requests on the same letter ?

 

Or was it two separate requests in the same envelope ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It was all on the same letter

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Hi

 

You didn't actually need both a cca and sar as the latter would have sufficed.

 

However, and in my opinion it shouldn't really matter....they banked both payments.

 

If they failed to read the correspondence in full then that is their problem as far as I can see.

 

In any event, they are now getting a reminder anyhow.

 

ims

 

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Although it should have been very clear to them that it was two separate requests, it has very likely been treated as just a CCA request.

 

It possibly didnt get passed on once the the CCA request had been dealt with.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Here we are doubling up again Citizen....must stop meeting like this!

 

 

Yes, the rumours are starting already :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I just re read what they sent in there CCA reply this is the relevant bit "I acknowledge your request for a subject access request (SARS) and have pass this request to the relevent department who will contact you shortly" seems they did realise it was two things. Hopefulyl the reminder will prompt them into action.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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I just re read what they sent in there CCA reply this is the relevant bit "I acknowledge your request for a subject access request (SARS) and have pass this request to the relevent department who will contact you shortly" seems they did realise it was two things. Hopefulyl the reminder will prompt them into action.

 

Well there you have it goatan.......over to them:-)

 

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  • 4 weeks later...

Well it seems capital one have still ignored my new letter so thats 40 days plus 2 and a half weeks they have had to supply the information. Really could do wiht some further advice im goign to raise a complaint with the ICO. But im very interested in going to court about as this as thyey are being rather blatent in there ignoring of my letters any advice on this would be gratefully recived.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Well it seems capital one have still ignored my new letter so thats 40 days plus 2 and a half weeks they have had to supply the information. Really could do wiht some further advice im goign to raise a complaint with the ICO. But im very interested in going to court about as this as thyey are being rather blatent in there ignoring of my letters any advice on this would be gratefully recived.

 

Hi Goatan

 

Ok...two options are

 

1 Write to Cap1 saying that the are in breach of the Data Protection Act for non compliance with a Subject Access Request and advising them that you have lodged a formal complaint wih the ICO in order for them to force compliance

 

2 Send Cap1 a 7 or 14 day lba (Whichever timescale suits you) telling them that they are in breach of the DPA and if you do not receive your information you will be issuing in court to force compliance and that in that action you will be naming their data controller and seeking damages at the court's discretion.

 

ims

 

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Hi ims21,

 

Having had a quick read of the ICO's guide to going to court you have to contact any ombudsman that may regulate this before going to court i.e the ICO themselves so i guess option 1 is the way to go. I have already sent an lba to them do i really need to do a second before complaining?

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Hi

 

Sorry...forgot you'd done an lba...silly me for not looking

 

Did you read the thread and associated threads from the link that CitzenB gave earlier in this thread. That will tell you exactly.

 

Personally I don't think you have to go to an ombudsman....there is a breach of the law here and a court is a perfectly reasonable route to go for law breaking.

 

Others will correct me if I'm wrong

 

ims

 

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