Cap1 & CCA return

[Guest The Terminator]

Just a quicky if anyone help..Doea anyone have an email address for the head honcho at Trent House, the HQ of Capital oNe, yep the barstweards have been ringing all weekend and the last call was at 6.15 this evening, against the guidleines regariding calls on Sundays, so i want the leader of the Pack to know what his acolytes in India are up to. 15 calls this weekend after a couple of months respite.

 

They will most proberly come up with the excuse that it is the time difference

[joneshousehold]

BA, sorry to hear this. Like you say, you need Cap One like a hole in the head at the moment. Get your complaint in and then do what I do when they ring, I just say 'sorry you cannot speak to Mrs XX, thank you, goodbye' and put the phone down. When you have less pressure you can actually stop for a couple of minutes and listen whilst they desparately try to talk down the phone before you hang up!

Hope it all is better then you think tomorrow. Thinking about you both

[elizabeth1]

Just a quicky if anyone help..Doea anyone have an email address for the head honcho at Trent House, the HQ of Capital oNe, yep the barstweards have been ringing all weekend and the last call was at 6.15 this evening, against the guidleines regariding calls on Sundays, so i want the leader of the Pack to know what his acolytes in India are up to. 15 calls this weekend after a couple of months respite.

 

 

The person who signed the AQ in Legal Dept was Wendy Starr her Telephone No is 0115 843 3013

 

[email protected]

 

you could try this email - I haven't had a reply from that email yet though so don't hold me to that. Their email addresses seem to follow pattern of

 

[email protected]

 

Hope that helps

[ladybird17]

BA

Really sorry to hear about your crap weekend thanks to Crap1- thoughts are with you, especially for tomorrow.

[FANTASY CHARGES]

DURING THE week found an american express card application form unused you got the traditional green card -- i know once upon a time you were supposed to pay all your spend off at the end of the month --- well this form is about 10 years old you were supposed to pay it off at the end of the month ? ) no MENTION OF the consumer credit act 1974 nothing about any data act (but it is deffo pre-1998 )

 

but it must be a credit token ???

 

anybody got any quick views

 

it says it is a charge card !!!

 

aha just seen it it says because you settle your card everymonth you pay no interest .........had a "blonde moment"

[tamadus]

Just a quick heads up for any absence. MOTH is being investigated for lung cancer (asbestos) courtesy of the Royal Navy all those years ago. he has a CT scan in the morning. it came to a head last Wednesday night with a massive bleed from his lungs, he was being treated for COPd, bu the new xrays tell a different story. So I guess my life is now going to involve the Veteran's Agency as anothe fight for the best treatment. We have already been down that path with Prostate Cancer, and before anyone jumps up and down, the cancer never escaped from the prostate capsule, so this is a completely different and not metastises. MOTHS PSA count proves this from 19.7 last February to 0.63 last week.

 

We really don't need the crap from Capital One at the moment.

 

I am very sorry to hear of these added burdens and problems BA, please keep me informed of your OH's progress.

 

The rules about sunday phone calls are basically between 9-12 am. This came up last weekend when I had 2 from LTSB's indian call centre after 7 pm. check the posts on thread for last sunday evening for a full list of the OFT rules regarding this.

 

I finally decided enough was enough as my number also used to be a fax number for a company untill I took it over 3 years ago. with persistant calls from LTSB despite them agreeing to stop them and fax calls in the middle of the night I changed my number. Silence is golden lol

 

Anybody who already has my private number please email me and I'll let you have the new number.

[tamadus]

They will most proberly come up with the excuse that it is the time difference

 

In my case the Indian caller claimed it was because they work on sundays lol.

 

The last call I got was from the UK and she agreed they shouldnt have been calling at that time on sundays

[tamadus]

DURING THE week found an american express card application form unused you got the traditional green card -- i know once upon a time you were supposed to pay all your spend off at the end of the month --- well this form is about 10 years old you were supposed to pay it off at the end of the month ? ) no MENTION OF the consumer credit act 1974 nothing about any data act (but it is deffo pre-1998 )

 

but it must be a credit token ???

 

anybody got any quick views

 

it says it is a charge card !!!

 

aha just seen it it says because you settle your card everymonth you pay no interest .........had a "blonde moment"

 

Paying it off every month is what made it a charge card. Personally though as the charges were just a form of interest free credit then it should have been covered by the Act.

[Guest The Terminator]

BA

Really sorry to hear about your crap weekend thanks to Crap1- thoughts are with you, especially for tomorrow.

 

BA: Go and get them darling we are all behind you.

 

Term

[Guest The Terminator]

In my case the Indian caller claimed it was because they work on sundays lol.

 

The last call I got was from the UK and she agreed they shouldnt have been calling at that time on sundays

 

Tam: You know that breaches the OFT guidelines.Re: Unsocialible hours.Just another arrow to add to the bow.

[pmhcfc]

I have another issue I'd wish to question...Serious question this one...Was looking through some old cases and came across this one: House of Lords - Mulkerrins (formerly Woodward (FC)) (Appellant) v. Pricewaterhouse Coopers (a firm) (formerly trading as Coopers & Lybrand) (a firm) (Respondents)

 

I'd love your imput into sections 13 (last 2 sentences), 14 and 15 in particular... For EG, point 15 of this case says this:

 

15. The reason that the debtor's consent is not required to an assignment of a debt is that the assignment cannot prejudice him. The assignment is subject to equities, which means that any set-off which the debtor may have against the assignor can be asserted against the assignee.

 

Would this mean that if a DCA buys a debt, we would claim any charges etc back off of the DCA????

[FANTASY CHARGES]

http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf

 

taken from the banking code link above

 

 

13 Lending

Borrowing money

 

 

13.1 Before we lend you any money or increase your

overdraft, or other borrowing, we will assess whether

we feel you will be able to repay it.

(For credit cards – see also section 10.9.)

 

 

13.2 If we offer you an overdraft, or an increase in your

existing overdraft limit, we will tell you if your overdraft is

repayable on demand.

 

 

13.3 If we cannot help you, we will explain the main reason

why if you ask us to. We will give you this, in writing or

electronically, if you ask.

 

 

13.4 If you want us to accept a guarantee or other security

from someone for any amounts you owe, we may ask

you for your permission to give confidential information

about your finances to the person giving the guarantee

or other security, or to their legal adviser. We will also:

• encourage them to take independent legal advice to

make sure that they understand their commitment

and the possible consequences of their decision

(where appropriate, the documents we ask them to

sign will contain this recommendation as a clear and

obvious notice);

• tell them that, by giving the guarantee or other

security, they may become liable instead of, or as

well as, you; and

• tell them what their liability will be.

We will not take an unlimited guarantee.

 

Credit reference agencies

13.5 When you open your account or apply for a card, we will

tell you when we may pass your details to credit reference

agencies and the checks we may make with them.

 

 

13.6 We may give information to credit reference agencies

about the personal debts you owe us if:

 

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

 

13.7 In these cases, we will give you at least 28 days’ notice

that we plan to give information about the debts you

owe us to credit reference agencies. At the same

time, we will explain to you the role of credit reference

agencies and the effect the information they provide

can have on your ability to get credit.

 

 

13.8 We may give credit reference agencies other

information about the day-to-day running of your

account if you have given us your permission to do so.

 

so what if our original terms and conditions does not mention credit reference agencies ???

 

 

13.9 If you ask, we will tell you how to get a copy of the

information that credit reference agencies have about

you, or their leaflets that explain how credit referencing

works.

 

 

You should contact the customer service teams at:

Experian Ltd Equifax Plc

PO Box 8000 PO Box 1140

Nottingham Bradford

NG80 7WF BD1 5US

Credit Reports: Get your Credit Report from Experian UK Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax

 

 

Callcredit Plc

PO Box 491

Leeds

LS1 1WX

www.callcredit.co.uk

 

We may also ask you to give your permission to use

the information held by credit reference agencies to

check identity for anti-money-laundering and fraud

purposes – this does not affect your credit history.

.

------------------------------

so logically 13.6 means we may not give info to cra's if we are in dispute with you ?????

13.6 We may give information to credit reference agencies

about the personal debts you owe us if:

 

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

[carderuk]

i like this even beter out of the same document

 

 

11 Your personal

information

Confidentiality

11.1 We will treat all your personal information as private and

confidential (even when you are no longer a customer).

We will not reveal your name and address or details about

your accounts to anyone, including other companies in

our group, other than in the following four exceptional

cases when we are allowed to do this by law.

• If we have to give the information by law.

• If there is a duty to the public to reveal the

information.

• If our interests mean we must give the information

(for example, to prevent fraud). However, we will not

use this as a reason for giving information about you

or your accounts (including your name and address)

to anyone else, including other companies in our

group for marketing purposes.

• If you ask us to reveal the information, or if we have

your permission.

erm

[FANTASY CHARGES]

http://www.bankingcode.org.uk/pdfdocs/Banking%20Code%20Guidance%20March%202005%20FINAL.pdf

 

this link is for subscribers to the banking code eg barclays etc

 

will someone look at this case law ???? just in case

 

 

 

11

Your personal information

 

Confidentiality

 

11.1

 

 

 

We will treat all your personal information as private and confidential (even when you are no longer a

 

customer). We will not reveal your name and address or details about your accounts to anyone,

 

including other companies in our group, other than in the following four exceptional cases when we

 

are allowed to do this by law.

• If we have to give the information by law.

• If there is a duty to the public to reveal the information.

• If our interests mean we must give the information (for example, to prevent fraud). However, we

will not use this as a reason for giving information about you or your accounts (including your

name and address) to anyone else, including other companies in our group for marketing

purposes.

• If you ask us to reveal the information, or if we have your permission.

This paragraph r

 

 

 

eflects the overriding duty of confidentiality that banks and building societies owe to their customers

 

(Tournier v National Provincial and Union Bank of England (1924) 1KB 461). A subscriber is not permitted to pass

information about a customer’s accounts or their names and addresses to anyone (which includes other companies in

the group) without the customer’s consent, except in the cases stated in the Code. Consent, as a result of the Data

Protection Act 1998, should be ‘explicit’ if the data is sensitive (‘sensitive’ data includes racial or ethnic origin, medical

history, criminal convictions, etc).

The additional section under the third bullet point is intended to make it clear that the third exception is designed to

protect an institution’s legitimate interests, but does not extend to the transfer of information for marketing purposes

unless, of course, the customer has requested or consented to such disclosure (see section 8.3 ). Subscribers should

take their own legal advice before relying on any of these exceptions in the absence of the customer’s consent.

 

 

 

 

 

 

 

 

13

Lending

 

Borrowing money

 

 

Cr

edit reference agencies

 

 

 

13.5

 

 

 

When you open your account or apply for a card, we will tell you when we may pass your details to

 

credit reference agencies

 

 

 

and the checks we may make with them.

 

At account opening customers should be told whether a check will be made with cr

 

 

 

edit reference agencies and what

 

that involves. For example, customers should be told if a record of the search is kept at the credit reference agency and,

if so, that this could impact the customer’s ability to obtain credit elsewhere within a short period of time.

 

 

13.6

 

 

 

We may give information to credit reference agencies about the personal debts you owe us if:

 

• you have fallen behind with your payments;

 

• you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

13.7

In these cases, we will give you at least 28 days’ notice that we plan to give information about the

 

debts you owe us to

 

 

 

credit reference agencies. At the same time, we will explain to you the role of

 

credit reference agencies

 

 

 

and the effect the information they provide can have on your ability to

 

get credit.

Sections 13.6 and 13.7 r

 

 

 

efer to the disclosure of default information, and when it can be relayed to credit reference

 

agencies. For some time it has been common practice for banks and building societies to obtain the customer’s consent

to such disclosures before borrowing is taken out, usually by way of a declaration on an application form.

Whether or not notice was given by the subscriber and consent was obtained from the customer at the time the

account was opened, disclosure of default information can be made. But, in all cases, the customer must be given

further notice of the intention to disclose the information at least 28 days before the disclosure is made, for example,

when a notice of default or formal demand is given. At the same time, customers must be given an explanation about

how default information registered against them may affect their ability to obtain credit in the future. This notice will mean

that customers have 28 days to try to repay or come to some arrangement with the subscriber before default

information is passed to the credit reference agencies.

Subscribers should also refer to the Information Commissioner’s Guidance on Credit Referencing and Default

Information.

 

13.8

 

 

 

We may give credit reference agencies other information about the day-to-day running of your

 

account if you have given us your permission to do so.

This section r

 

 

 

efers to non-default information. It is consistent with the legal position, that any other disclosure to credit

 

reference agencies can be made only with the customer’s consent, usually by way of a declaration on an application

form. The Information Commissioner accepts that such permission may be made a condition of borrowing. See also the

Information Commissioner’s Guidance on the Data Protection Act 1998 which requires, in the absence of consent, one

of eleven other conditions to be met. The ‘permission’ can be covered in a number of ways, for example, in terms and

conditions, in an account opening pack, or it can be obtained at the time the disclosure is made. (Useful information can

be found at www.informationcommissioner.gov.uk.)

 

but what if we did not give you permission when we opened the account ???

 

13.9

 

 

 

If you ask, we will tell you how to get a copy of the information that credit reference agencies have

 

about you, or their leaflets that explain how credit referencing works. You should contact the

customer service teams at:

Experian Ltd Equifax Plc Callcredit Plc

PO Box 8000 PO Box 1140 PO Box 491

Nottingham, NG80 7WF Bradford BD1 5US Leeds LS1 1WX

Credit Reports: Get your Credit Report from Experian UK Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax Credit report information for consumers - Callcredit

We may also ask you to give your permission to use the information held by credit reference

agencies

 

 

 

to check identity for anti-money-laundering and fraud purposes – this does not affect your

 

credit history.

[ladybird17]

Unfortunately, signing a CCA often includes giving our permission!

[carderuk]

http://www.bankingcode.org.uk/pdfdocs/Banking%20Code%20Guidance%20March%202005%20FINAL.pdf

 

will someone look at this case law ????

 

 

 

11

Your personal information

 

Confidentiality

11.1

 

 

 

We will treat all your personal information as private and confidential (even when you are no longer a

 

customer). We will not reveal your name and address or details about your accounts to anyone,

including other companies in our group, other than in the following four exceptional cases when we

are allowed to do this by law.

• If we have to give the information by law.

• If there is a duty to the public to reveal the information.

• If our interests mean we must give the information (for example, to prevent fraud). However, we

will not use this as a reason for giving information about you or your accounts (including your

name and address) to anyone else, including other companies in our group for marketing

purposes.

• If you ask us to reveal the information, or if we have your permission.

This paragraph r

 

 

 

eflects the overriding duty of confidentiality that banks and building societies owe to their customers

 

(Tournier v National Provincial and Union Bank of England (1924) 1KB 461). A subscriber is not permitted to pass

information about a customer’s accounts or their names and addresses to anyone (which includes other companies in

the group) without the customer’s consent, except in the cases stated in the Code. Consent, as a result of the Data

Protection Act 1998, should be ‘explicit’ if the data is sensitive (‘sensitive’ data includes racial or ethnic origin, medical

history, criminal convictions, etc).

The additional section under the third bullet point is intended to make it clear that the third exception is designed to

protect an institution’s legitimate interests, but does not extend to the transfer of information for marketing purposes

unless, of course, the customer has requested or consented to such disclosure (see section 8.3 ). Subscribers should

take their own legal advice before relying on any of these exceptions in the absence of the customer’s consent.

 

 

lol not the only one to spot it

[carderuk]

ye but the ICO have said they don't need our permision:???: but they do in the banking code:? :? :? :? :?

[FANTASY CHARGES]

Note

 

to avoid confusion

 

THERE ARE 2 LINKS TO the banking code

 

first one is for joe public

 

second one is for suscribers that is barclays etc ,,,,,,

[FANTASY CHARGES]

Unfortunately, signing a CCA often includes giving our permission!

 

 

but not on the early ones say when you joined in the 1980's (some sort of cut off date ) that is why some credit cards you have do not actually appear on say experian ........ strange but true !!!!

 

has anyone ever noticed this ?

 

because you never gave them permission on the actual agreement they never thought of it experian

 

Experian Plc.TypeCorporation (LSE:EXPN)Founded1980 as Information Services Company

 

Experian - Wikipedia, the free encyclopedia

[carderuk]

ye the question is

 

 

on default they reckon they do not require permision. just because you gave consent in the first place for the loan???????????? pre 1998????

[tamadus]

ye the question is

 

 

on default they reckon they do not require permision. just because you gave consent in the first place for the loan???????????? pre 1998????

 

This is too easy for them. They simply add the permission aspect into the T&C as a variation.

[Smoothy]

But without the right to alter T&C's which wouldve been in the original T&C's that you accepted, where do they stand if you havnt been sent em?

If say you signed up pre 1998, and this term wasnt included in T&C's, what right have they to impose further changes and expecting you to adhere to them?

[m55dlc]

YES checked with the crowd in the privates

 

Yes 2 years is the rule (assuming you do not lose one [or stolen] and get a replacement) and then allow for the extra issue of the card for the chip and pin introduction the earliest chip seems to be Jan 2002 some took a lot longer to introduce them (will get data pm) one issuer worked on an annual cycle.

 

for barclaycard and their mastercard also allow one extra issue when they changed the number on the cards but you would see this on your dsar

 

oh forgot the takeover factor as well

 

tsb to lloyds tsb

leeds to halifax etc etc

 

In my experience, LTSB didn't issue me with LTSB cards until the TSB card expired. They seemed to be for 24 months.

[ladybird17]

I've just been re-visiting (yet again) one of my "credit card mailers"

Under the heading "Tranferring rights under this agreement" it says -

"We may transfer any or all of our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have any information about you or an additional cardholder. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected"

However, under the heading "General" it then says -

 

Nobody other than we or you can enforce (my italics)any part of this agreement, under the Contracts (Rights of Third Parties) Act 1999"

Now this seems a bit ambiguous to me - and I also note that there is no mention whatsoever on the mailer about the DPA.

 

Any comments....?

 

[Seahorse]

Doesn't need to mention the DPA.

 

Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected

Thhere is mention of transfer of information, but the above recognises your right's under the DPA, IMO.