Ro v CAPITAL ONE

[ro284]

This is my next target, i reckon i'm about 6 weeks behind Philbo83. a thread i am watching with interest,but do not want to clutter. however i am stuck with the address (would you believe) i have a feeling it may have changed since 02 it's Head office i need, to send my SAR to the CEO. i don't want to get that wrong i have seen several addresses!Regards Ro

[rebel11]

Hi ro

 

Data Protection Act Requests: Legal Compliance Specialist Capital One (Europe) plc Trent House Station Street Nottingham NG2 3HX

 

CEO : Richard Fairbank

E-Mail: rich.fairbank@capitalone.com

[ro284]

Brilliant, many thanks Rebel. i can get that off before the weekend,thumbs up!

[rebel11]

Send it Recorded. They have 40 days to respond, if you think any thing is missing, send a 7 day chase letter - giving 7 days.

[ro284]

Thanks Rebel, will do, have sent you a pm sorry.regards Ro

[ro284]

Hi guys, could i have some guidance please,

 

First of all i sent a SAR for my rather old 02 account to Capital One, last week,

in the meantime sods law played it's tricky part,

with the postman telling me he had accidentally put some letters through next door letterbox,

(they were away on holliday),

 

just got our letters tonight, to find that Capital One have sent a DN to my wife,

Apparently they do not accept the letters we have sent ( WHICH INCLUDED 4 token payments they accepted)

to the amount suggested by CCC,S! wher-as Barclays and my MBNA have accepted the same amount.

 

Capital One's letter has put us in a bit of a panic, threatening to sell the Dept, home visits, etc.etc. the amount is 8k ish.

 

We are sure there are some miss-sold PPI,s, on her account, and we were going to send a SAR to them regarding this.

 

as i said earlier i have Sar'd them for my old account which definitely has PPI on the statements for mine.

although my wifes account was not used regularly it does go back sometime,

she remembers a dispute about PPI some time ago.

 

Am i correct in thinking that if we send a SAR, for her account, we can state Account in Dispute?

 

regards Ro

[ro284]

Sorry guys, have posted two threads same tittle! what a state to get in! could someone adjust as required please, Thanks Ro

[ro284]

Just to add, On the 18th we recieved a letter asking us to return income and expendature information, etc so that they could give us a payment plan, however they had previously accepted token payment suggested by CCCS, then only 4 days later 22nd. they send a Statement of default letter, also saying the account is terminated and we owe them £xxxxx They have no idea that i am retired and having treatment for mental/stress problems. if only they refund all PPI,s etc. payments that quick! we were in the process of replying to state that it would not be fair to our other creditors to make a seperate income expenditure to them, when others had accepted CCCS payments! Any advice please? Regards Ro

[Wanting Out]

Have you told them you are suffering health problems and retired? You don't have to do them an expenditure form, you know. You could say you can only tackle one thing at a time due to your health and would they please do the PPI repayment - and then you can put your attention to the rest.

[BRIGADIER2JCS]

A SAR does not put an account into

dispute.

Please sort out the debts you have

into logical order with the name of the original

creditor, the type of account, the name of the

DCA chasing the debt, and what action has been

taken so far, your thread is a little confusing

at present.

[ro284]

Thankyou so much for your reply Wanting out, and Brigadier, Sorry for the confusing thread, it's a mess and i just cannot sort it out today, i am in such a muddle, the dactor has increased meds, only another 12 weeks to see the head mending doctor. as you can see i have even got 2 threads with the same title! i cant cope with it now, but right or wrong i have decided to ignore the latest threat from capital one and continue to pay the token payments as set out by ccc'sI will try and sort things out more before posting,Regards Ro

[BRIGADIER2JCS]

Hi Ro. you are obviously in a very

vulnerable state is there any one who

can act for you and write to Cap 1 to

tell them of this, it is wrong for them to

put you under this stress, so do ignore

them for now, they have no powers

to do any thing to you at this time.

So try to relax, get it straight in your

mind it is a debt not the end of the world,

loads of expert help and advice is available

here.

 

Brig.

[Wanting Out]

Yes, take it easy. If it's CCCS who have done a debt management plan for you - Cap 1 shouldn't be bothering you. If you can bear to, you could drop them a quick line saying you're very unwell and to stop hassling you. Keep a copy as evidence. If that's too much, just remember you've done your best and you're not well. Good luck, Ro!

[Desperate Daniella]

Hi there,

 

I think you should phone CCCS in the morning and advise them of the harassment you are receiving.

 

Please don't worry too much about any action Capital One threaten to take. They make a nuisance of themselves and do very little. If you get any threatening letters or calls from Debitas you should know they are the debt-collecting arm of CapOne and you don't need to worry about them too much either.

 

Let us know what CCCS say and if we need to advise further, but they can probably help in view of your situation. You can report them to OFT for harassment if you need to and we can help you with that letter.

 

DDx

[dx100uk]

threads merged

 

dx

[ro284]

Thank you so much for replies, I have phoned cccs and they said as you guys have said, to keep paying token payment and on time, even if they hand it over to a DCA, keep paying it! They also said creditors are not interested in your health! or the fact you may be retired! They just want money, I must point out for my sake as well as possibly yours, this is my wife’s account with Cap one. We do know there are PPI payments on this account, Also I closed my account with them, some years ago, however I have some statements from 2002 -07 which also show Accident-Death cover insurance, I was S/E as indeed my wife still is. and we have always had our own insurance.Regards Ro

[Desperate Daniella]

Hi Ro,

 

You should be able to claim back the PPI. Add it all up and see how much you can take off the total they are demanding. It could reduce the debt considerably.

 

If you do get bothered by any DCAs just say and we'll provide a nice letter to send to them. Never, ever, ever speak to any of them on the telephone. You are not obliged to do so. Also send them the following with regard to their threat of a home visit:

 

Please be advised that under OFT rules you can only visit me at my home if you make anappointment and I have no wish to make an appointment with you.

 

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

 

As you havebeen given this notice, should your representative then come to my property andcause any embarrassment which results in financial loss to me you will also beliable for damages.

 

Then, print off a copy with your name and address on and should someone turn up just hand it to them and shut the door. I would say though that I've only ever had one person turn up, years ago, and he went like a lamb when I gave him the notice. No-one can enter your premises without a court order even if they do turn up, but I think it is highly unlikely if you send them that letter in the post.

 

DD

Edited August 30, 2011 by Desperate Daniella

[ims21]

Hi

 

DD is right and don't forget that on a credit card you claim compound interest on those payments at least at the rate they were charging you on the card.

 

In some cases this wipes the debt completely and leaves the claimant with money in the pocket too!

 

Regards

 

ims

Edited August 30, 2011 by ims21

[ro284]

Thankyou so much DD and ims, very much appreciated, as my statements are in a muddle for my old cap one account, and not sure of dates etc, am i right in thinking i should send a SAR with a £10 p.o for each of our names, not for each of the 2 accounts? i read one of your replies ims that there is no need to give account numbers, as we need all info they hold on us both, (not specific accounts) unfortunately on my SAR to Barclays i did put a account number. hope thats not a problem, i'm learning as i go, i wonder what a Tort is. i am starting to get organised more now thanks to all help from you guys gals, and will start other threads for my other matters.Thakyou Ro

[ims21]

Hi ro

 

As regards the SAR, you have to think in terms of who is the data subject....i.e. who is the information relevant to.

 

Your goodself and your wife are different data subjects for accounts where they belong to you individually. If you had a joint account, you combine to form a data subject.

 

So, for your data you would need to send a SAR and for your wife's data you would need to send another one. Each of these will cost £10.

 

If you so wish you can specify and account number BUT it gives the institution an opportunity of holding back info which is not relevant to that account. The best way is to make sure you specify that the request is not specific to any particular account but relates to ALL data held. From memory the appropriate wording is included in the SAR template in the CAG library.

 

As far as Tort goes...google "tort" or "law of tort" and you'll get loads of info on what Tort is.

 

Regards

 

ims

[Desperate Daniella]

Hi Ro,

 

Follow the advice from ims about the SAR, and you'll find the info on Tort interesting reading.

 

Do post links on here to any new threads you set up and we'll try and help.

 

DD

[Desperate Daniella]

There's a very good novel by John Grisham called "The King of Torts" if you like that kind of thing.

[ro284]

Thankyou again DD, and ims, for all your help and advice. i will get 2 x SAR's off ASAP, and keep you up to date, my age is 68, i was obviously looking younger than i am! when i applied for these loans! or perhaps they are happy to give a loan someone who will of course be or retirement age before it is paid off! Does that fact or age, make any difference please? abbey are next, who i believe are MBNA? To whom we have both paid huge amounts £50 each month for years, i found some more statements today,2005. no wonder being S/E was not as profitable as hoped! Will start another thread, Kind regards Ro

[ims21]

Thankyou again DD, and ims, for all your help and advice. i will get 2 x SAR's off ASAP, and keep you up to date, my age is 68, i was obviously looking younger than i am! when i applied for these loans! or perhaps they are happy to give a loan someone who will of course be or retirement age before it is paid off! Does that fact or age, make any difference please? abbey are next, who i believe are MBNA? To whom we have both paid huge amounts £50 each month for years, i found some more statements today,2005. no wonder being S/E was not as profitable as hoped! Will start another thread, Kind regards Ro

 

Hi ro

 

You're obviously blessed with youthful looks as am I !!!!

 

This really shows that they took no account of age, employment status etc. This is more ammo for your claim of course.

 

They should have discussed age with you (amongst other things) in their suitablity analysis.

 

I suppose that if you look 25 (Like I do) it never crossed their minds.

 

Regards

 

ims

[Desperate Daniella]

Oh you Oldies! I only look 21.

 

I can't advice on MBNA/Abbey, but keep us up-to-date on this one and we'll do what we can. You might be able to get them on Irresponsible Lending!

 

DDxx