Extremely annoyed!!!!!

[mrsfedup]

I have a credit card with C®apital one bank. I was paying £57 per month until I became unemployed in June 2011. As soon as I was aware that my circumstances were changing I wrote to them to let them know. To make a long story short I have written several letters and none of the responses have acknowledged my circumstances - even when I sent proof of JSA, detailed income and expenditure etc !

 

I recently wrote to them(debitas) to make a complaint as I'm sick and tired of repeating myself, their response(from capital one:? was " we issued our final response to your complaint last year, and therefore will not be changing our stance".:-x. How does my complaint from last year have any bearing what so ever on my current circumstances? Furthermore I refuse to discuss my account my phone, I write instead. The latest letter states " until you phone debitas to agree a repayment plan, the calls will continue".:-x Surely they are not entitled to have this attitude and something can be done?

 

Please can someone advice me? as I feel mentally drained with these idiots

 

Thanks in advance.

[ims21]

Hi

 

Telephone harassment template is here

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Pay them only what you can easily afford, even if that is only £1 per month.

 

These days it is you who tells them what they are going to get not the other way round. Don't be bullied by them.

 

Have you claimed back any unlawful charges on the account or ppi if relevant?

 

regards

 

ims

[mrsfedup]

Thank you for that. I don't have PPI on the account. I've told them I will pay £20 per month and since I wrote to them in June They're being as awkward as possible. I sent the telephone template previously to which they replied :-

 

"In your letter you mention that you have asked for the calls to stop but they have continued. Please note that telephone contact is the most appropriate way of communication and until you contact debitas to arrange a payment agreement you will receive telephone contact. You've also advised us that you will record any further calls made to you by either capital one or debitas. Please be aware if you have not gained authority from the advisor. you will not be able to use these calls for any action you may wish to take and you will have no right to use the call for any purpose other than personal use".

 

Can they legally do this? and if not how can I stop them?

Thank you.

[ims21]

You can report them to Trading Standards, OFT and Offcom for misues of the communications system.

 

It is not for them to tell you how the recordings are used. There is a sticky somewhere which goes into detail about using recorded calls in court as well.

 

I'd report them and then write to them and tell them that you have now made formal complaints to these bodies.

 

From then on, carry on making your token payments by standing order and ignore their pitiful whinings.

 

What about the question of reclaiming any charges on the account?

 

ims

[mrsfedup]

Thank you, I feel a lot more positive after reading your post. Do you have any links for the contact details of the bodies you mention and i take it I would need copies of correspondence between myself and them to back up these complaint(s). To date I've being paying them by cheque. I did mention concerns about the account costs and refunding them in my previous letters, but unfortunately they fall on 'deaf ears' and they dodge the main issues outlined in my complaint.

Thanks again

Mrs fedup.

[ims21]

Hi

 

A quick google will get you to the relevant bodies.

 

And yes, submit copies of correspondence with your complaints.

 

As for charges, you would need to put in a formal claim to the original creditor to get these back. You are looking on your statements for anything described as "late payment fee" or " over limit fee". You can also claim interest on those chrages too.

 

Have a look in the Capital One forum to get some idea on how to go about dealing with Cap1 charges claims.

 

ims

[mrsfedup]

Okay thank you. As regards claiming back fee's is there a time frame you know of please? Also since my debt has been passed to Debitas, no longer have online access to my account and they're trying to force me into speaking to them over the phone to resolve this, and refuse to send me statements by post!

Thank you.

[ims21]

Hi

 

No time frame as such.

 

If you don't have all of your statements I would send a Subject Access Request (SAR) to Cap1. It will cost £10 statutory fee and will yield, amongst other things, copy statements/transaction history. From these it will be possible to identify all of the unlawful charges. They will have 40 days to comply.

 

There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green.

 

I notice in your first post you said you feel mentally drained. You are about to turn a corner and you will start to feel empowered and you will be taking control of things rather than being intimidated and frustrated by these people.

 

Regards

 

ims

[ims21]

Oh and by the way....don't forget debitas are Cap1 in different clothes so you are actually dealing with the one organisation.

 

 

ims

[mrsfedup]

I really can't thank you enough for your help today, it's much appreciated. My situation with capital one has been a complete nightmare.I actually feel like I might get somewhere now, so thank you.

[ims21]

Hi

 

You're welcome....just shout when you need more help or just some support.

 

Regards

 

ims

[mrsfedup]

..... Still receiveing calls from them, but it's capital one bank again now- makes a change form debitas's number. It's been two calls already today!

 

Letters typed up and ready to go. Their 'reasoning' behind not sending me statements or giving me online access to my account is because the account 'defaulted' in October 2010. However regular payments of £57 odd per month were paid. I cannot see how that has any bearing on the present problem anyway.

Edited August 24, 2011 by mrsfedup

[mrsfedup]

A quick update. Trading standards say they cannot deal with the complaint. I have forwarded it to the other bodies though, had no calls since earlier in the week- that's some progress at least!

[mrsfedup]

.... spoke to soon capital one bank are ringing again

[Old Cogger]

Send the harrasement letter to:- Mr. Brian Cole, Chief Executive Officer, and bring to his attention what is going on , send Recorded delivery and keep a record of dealings, as far as sending monies send/suggest a figure you can easily afford but be clever do not actually acknowledge an actual debt/only assum might be handy later, do not phone them as call centres are only interested in collecting money and not sorting out your problems, Debitas well are muppets.

Edited August 26, 2011 by Old Cogger

[Old Cogger]

like cap ones final responses, seen a lot of them on every letter,

Edited August 26, 2011 by Old Cogger

[mrsfedup]

Thanks for that, I think I will send my letter to chief executive.

[huggy41]

reading with interest mrsfedup here is a telephone number i got but don't ask where i got it

 

capital one Executive Response Centre in ENGLAND. 0115 843 3792

 

HAVE FUN WITH THIS

[angie3478]

personally I would have major fun with the number and also ask them to confirm everything in writing just to annoy them

 

but thats me LOL

[huggy41]

personally I would have major fun with the number and also ask them to confirm everything in writing just to annoy them

 

but thats me LOL

 

 

and what makes you think i don't:eyebrows:

[mrsfedup]

thank you, I will:-)