CapOne Case - Ive Started... CLAIM FORM NOW ISSUED By Capone ** SUCCESSFUL OUTCOME **

[mrbrooks]

Hi everyone @CAG, first off as a new member, I would like to say a HUGE thank you to everyone that takes the time and effort to keep this place alive and full of such fantastic advice and support both new and seasoned members.

 

My story so far is, after landing here from another place, I’ve spent much of the last couple of weeks reading so much stuff here, wondering whether it’s worth the effort of trying to find some reasonable position with these bullies, they seem so strong and resistant at first glance, wondering if it’s worth the time, wondering whether I am strong enough to see this through, but mostly going from thinking I can do this after reading a success story, to wondering if I am making a terrible mistake by taking on such corporate bullies after reading the utter confusion some people seem to get themselves into.

 

Also after reading other sites, that claim certain 'loopholes' have now been closed, and reading documents where it seems people have lost their cases, I seem to bounce from confusion to more confusion and of course fear is a big enemy for many of us, and sometimes I am almost terrified that I could lose far more than I bargained for, but I have finally decided to stand up and start demanding to be treated fairly.

 

Thus I have accepted that I cannot do this alone, neither can I afford to employ legal professionals, so have decided to begin my initial quest against Capital One, by joining CAG, reading what I can, desperately trying to get it all to sink in, and today finally deciding I need to start my own thread, which over time I hope will allow those of you who are experienced and skilled in such activities to guide me to the right places and at the right times, the correct documents to read and to send, proffer opinions and answers as I feel I need them and most importantly, give me some strength when I feel like throwing in the towel.

 

I will shortly add to the thread with a brief history, and what Ive done so far.

 

Thanks to all @ CAG

 

mrbrooks

Edited November 13, 2011 by mrbrooks

[Conniff]

You really are very welcome and all assistance from people who have been there before is at your finger tips.The first thing to remember is to never ever telephone them or take a telephone call from them, you will already know the reason if you have spoken to them at all.We look forward to your story.

[mrbrooks]

Hi all thanks for the reply Conniff, I feel like I am amongst friends @ CAG and will do my best to learn what I can and maybe in the future I can help others too.

 

The brief history so far is this, and apologies if it gets a little boring and long, I just want to give everyone enough background to understand where I am at.

 

I have a few cases of interest, but have decided to start dealing with my mother’s case first, she is almost 63, not great health, ran into financial difficulty last year through various reason, had to move out of her flat due to not being able to afford the rent 6 months ago, moved in with my brother and his wife to keep her living costs as low as possible.

 

She has had a capital one card since around 2000, at which point she was in hospital for cancer treatments and it seemed like a quick and easy way out of not having any cash at a time she was unable to work or get much support from the state.

 

Last year I noticed she was paying for PPI, as she thought it was good thing I suppose, how long this has been applied I do not know, but the additional payment was making the overall monthly payment too much for her to cope with, so I suggested she cancel the PPI to allow her to bring the payment into a more affordable place.

Her current limit is £4500 and it has been at this for at least 3 months now, and of course she is paying a ridiculous rate of 32.67%, which she did not initially begin with (I do not at this point know what the original rate was) but this has been increased to this point over the last couple of years.

 

She has managed to keep up the payments until September-October, at which point, she called CapOne, voluntarily, before she got into late payments, over limits etc, and advised them she could no longer afford to pay the full minimum payment and offered them £50.00 per month until she could get more disposable income to pay more, she paid them £50.00, and this call was about 5 days before her minimum sum was due for September, so at this point she had not missed any payments. The chap on the phone was very friendly and sympathetic and seemed to offer to give a little breathing space, told her he would send out a form to fill out so she could list her finances and they would take it from there.

 

Anyway, the form has never arrived, and a few days after the initial call that she made, they began to call her, first on her mobile, starting 2-3 times a day, and then upping to 4-5 times a day. They then called my own number, as she lived here before moving into her own place around 2-3 years ago and her CapOne account address is still listed as being at my own house. This calling has gone on for 4-5 weeks now, and when they manage to catch her out, often by using different numbers to call from, they first off say can you confirm who you are and I had already told her to say nothing and it’s up to them to prove who they are and not answer any questions, so she tells them that she will not talk to anyone on the phone who cannot identify themselves and simply ends the call.

 

Now she has since paid another £50.00 for the October Payment, as promised, and the phone calls have still been coming, I logged into her online account, and sent 2 secure messages, first one saying can you please make correspondence in writing or by secure messaging/email and second can you please resend the form as we have not received it since speaking to you on x of October. Also her account is now at almost £4800, due to over limit charges, late payment charges and goodness knows what else.

 

Then one evening last week, they called my brother’s house, now the issue here is this, my brothers number is ex-directory/unlisted, it is listed in his name and he uses it almost exclusively for his internet connection and business related calls, my mother has no official capacity at this address and has not given this number out to any official body, as far as I know, as my brother does not like all and sundry calling his phone, he has a mobile for personal calls and contacts. To add to this he has only recently moved to this premises, and the number is less than 3-4 months old, of course he was asking them how they got the number, and the guy apparently said I will tell you how when you put your mother on the phone, so he told them to Feck off, not call his phone anymore and put the phone down.

 

So, the next day, I went to online to send a secure message from the account, saying that we do not feel they should be harassing my brother in this way and that the phone calls are becoming a nuisance. However, I could not login; they have disallowed access to the account, simply listing the number to call, and calling upto 5 times a day on her mobile.

 

So far, after having read a few things on the CAG site, I decided to send a letter, dated from Friday 11th November and sent it on the 12th, for a copy of the CCA. I have used one of the templates from the CAG site, and I have also included the PO for £1 as instructed and sent it, recorded delivery to the address I found on the CAG site. I also included in this letter that my mother is authorising me to act on her behalf with regard to any dealings concerning Capital One and all related matters and as suggested by many CAG members, we simply put her printed name in ink, without a signature. When and if it arrives I will of course post it up for comments from the CAG community.

 

So that’s is where I am currently, half shocked I have actually done it, and wondering what the heck I’ve done and got myself into, part scared and worried but knowing that their treatment of her is unreasonable, unfair and needs to be dealt with.

 

My next questions are; is this a correct place to start? Should I be asking for the SAR now too? Should I be making any other complaints? Should I write a separate letter regarding the telephone harassment now? Should I claim for PPI now? Should I mention the fact they have restricted acces to the account? Is there anything else anyone thinks I should be doing? Any thoughts from anyone on what to avoid? And, in what order should this stuff be done?

 

All guidance is most appreciated and I will endeavour to grasp this stuff as quick as possible and try keep my pestering of you all to a minimum...

 

mrbrooks

[HAWC]

Telephone Harrasment Letter, Hell Yeah

[ims21]

Hi

 

Telephone harassment letter is here

 

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

 

Also, if you mother doesn't have all the statements send them a SAR as you will need as much information you can get as regards the PPI payments which you can claim back.

 

The late payment fees/over limit fees can be claimed back as well.

 

Do the SAR first and we can take ot from there.

 

I would also write to Cap1 and explain your mum's situation and ask them to freeze interest all the time she is paying these reduced payments.

 

ims

[mrbrooks]

Hi ims21, I have asked for them to consider freezing interest and also to consider reversing the late payment and over limit fees for September and October...apologies I forgot to mention that in the above post...

 

I will get the SAR sorted out today and posted ASAP...

 

mrbrooks

[ims21]

Hi ims21, I have asked for them to consider freezing interest and also to consider reversing the late payment and over limit fees for September and October...apologies I forgot to mention that in the above post...

 

Ok....lets see what they say

I will get the SAR sorted out today and posted ASAP...

 

Send it recorded so you know when the 40 day clock starts ticking. Also, don't forget the harassment letter too.

mrbrooks

 

ims

[mrbrooks]

OK, SAR is done, sent today in lunch hour, the request for the CCA should be arriving at CAP1s offices today, I did them both recorded delivery so will check it this afternoon, I will now sort out the Telephone Harassment letter and get it sent tonight. Will keep you posted...

[mrbrooks]

OK, my first letter, the request for a copy of the original agreement is showing up as being delivered today...So just for clarity, the 12+2 starts today and this is working days? Which would mean CapOne should have responded by Friday the 2nd of December?

 

Thanks

 

mrbrooks

[mrbrooks]

SAR is delivered, so can start counting down the clock...

[mrbrooks]

Today I have received 2 letters, both from Graham Robinson (Collections Dept) the first one is a request for financial info, asking us to fill out a form showing income and expenditure with a nice heading 'Were here to help you get back in control of your finances'.

 

So my first question, is this, are we obligated to complete and return this form? Next, what are the potential consequences of not returning this completed form?

 

Second letter, is headed, Notice of Sums in Arrears, and basically says we have missed 2 contractual payments and informing us we are probably likely for more charges etc...

 

So my question regarding this letter, do we need to respond to this letter? One point that does bother me is that, it says we should 'refer to your statements for the full details of the status of your account', however we had opted for electronic/online statements and Capital One have since denied us access to the online services, thus, we cannot actually get access to the statements for Oct and Nov...

 

The demand for the CCA and the SAR are still in process so am wondering what I need to be doing now?

 

Any thoughts from CAG members most welcome as usual...

 

mrbrooks

[ims21]

Today I have received 2 letters, both from Graham Robinson (Collections Dept) the first one is a request for financial info, asking us to fill out a form showing income and expenditure with a nice heading 'Were here to help you get back in control of your finances'.

 

So my first question, is this, are we obligated to complete and return this form? Next, what are the potential consequences of not returning this completed form?

 

If you are applying for the interest freeze etc under hardship then I would give them the information. One thing is for sure, they won't do anything about helping you if you don't

Second letter, is headed, Notice of Sums in Arrears, and basically says we have missed 2 contractual payments and informing us we are probably likely for more charges etc...

 

So my question regarding this letter, do we need to respond to this letter? No...its information only One point that does bother me is that, it says we should 'refer to your statements for the full details of the status of your account', however we had opted for electronic/online statements and Capital One have since denied us access to the online services, thus, we cannot actually get access to the statements for Oct and Nov...

 

They should turn up with your SAR

The demand for the CCA and the SAR are still in process so am wondering what I need to be doing now?

 

Wait it out

Any thoughts from CAG members most welcome as usual...

 

mrbrooks

 

ims

[mrbrooks]

OK Ive received a response to my CCA Request, should I just post a copy of what I have, here on the thread?

 

Thanks all

 

mrbrooks

[ims21]

OK Ive received a response to my CCA Request, should I just post a copy of what I have, here on the thread?

 

Thanks all

 

mrbrooks

 

Hi

 

you can post it up as a PDF (MINUS ALL PERSONAL INFORMATION) and people will advise.

 

What you really want to come back is the SAR response so you can get cracking on reclaiming the PPI and unlawful charges though

 

ims

[mrbrooks]

Ok, the CCA response consists of about 4 parts, 1 is the letter of repsonse, 2 is the document they have produced as my CCA, and 3&4 are a set of terms and conditions...

 

Here is the letter...page1...

And page2...

 

And here is the form they have provided as being the CCA...

 

So, any thoughts and advice on this latest contact are most welcome...

 

Thanks all

 

mrbrooks

CCA_30112011-1a.pdf

CCA_30112011-2a.pdf

CCA_COPY0001_APFORM_a.pdf

Edited November 30, 2011 by mrbrooks

[mrbrooks]

Hi All, any thoughts on the items I posted up yesterday?

 

Thanks again

 

mrbrooks

[ims21]

Hi

 

Well they seem to have complied with the CCA request.

 

It really is the SAR response you want as that will give you the figures to claim back against the account.

 

ims

[mrbrooks]

Hi all, ok Ive received my SAR request, but I have a couple or three questions...

 

First, opinions on the CCA I posted a couple of weeks, back, does it look like its valid/enforceable to those in the know?

 

Second, regarding the SAR and PPI and Penalty Charges, what the heck am I supposed to be looking for in this huge great ton of paperwork they've landed on me?

 

Lastly, is there anything else I should be doing right now regarding this matter with CapOne?

 

Thanks all

 

mrbrooks

[ims21]

They have supplied you with a recon of the agreement with T&Cs so have complied with the CCA request.

 

In the SAR information you are looking for the statements/transaction history on the account.

 

That is where you will find the individual amounts of PPI charged on a monthly basis and the over limit and late payment fees

 

ims

[FCC]

Good luck with your claim mrbrooks. I will be starting a claim myself in the new year and would very much appreciate a look at the terms and conditions that they have sent to you. Do they claim that they are the t&c's that WERE in force in May 2000 or WOULD HAVE BEEN in force at that time?. Are you able to PM me a copy?.

[ims21]

Good luck with your claim mrbrooks. I will be starting a claim myself in the new year and would very much appreciate a look at the terms and conditions that they have sent to you. Do they claim that they are the t&c's that WERE in force in May 2000 or WOULD HAVE BEEN in force at that time?. Are you able to PM me a copy?.

 

Please post those T&Cs here so that all those interested in Cap 1 can be helped.

 

ims

[FCC]

Are you still there mrbrooks?. Can I ask again that WE get a look at the T&C's they have sent to you?

[mrbrooks]

Hi FCC If i knew how to PM I would happily drop a copy over to you, the links above however do show what they sent me...

 

I have also gotten a few more letters and updates on the case since December and I need to get my butt into gear and get on top of it all, I will post more comments/questions shortly...

 

Thanks all...

Edited February 16, 2012 by mrbrooks

[mrbrooks]

They now appear to have moved' the debt to another company, CAPQUEST/FTC who sent a letter dated on the 10th of feb, it arrived today, the 15th feb saying if i don't do something about it by the 16th of feb, blah blah, surely this is not legal? that's not even 7 days from the date of the letter and it was posted 2nd class...

 

As soon as i've scanned in my letters I will update everyone as to the latest developments and post any documents required for some guidance and thoughts...back soon

 

mrbrooks

Edited February 15, 2012 by mrbrooks

[mrbrooks]

Ok, update, Ive slacked off a bit since end of November, which I know is not great but im back on the case now...

 

Since December I had a couple of letters, telling me the account was in arrears etc, then on the 10th I got a letter telling me the account was in default, see here...CAPONE_STATEMENTOFDEFAULT_10022012_BLACKOUT.pdf...

 

I then got a letter today from F.T.C. / CapQuest, see here...CAPQUEST_FTC_15022012_BLACKOUT.pdf...You see it is dated 10th Feb, it arrived TODAY 15th Feb and they state if not response is received by 16th Feb further action will ensue, that 1 day to respond...Any thoughts on this most welcome...

 

So now I have a couple of questions regarding the whole case...

 

First off, I finally totted up the PPI, overlimit charges and late payment charges...So my question is this, what do I do now with these figures? I also remember someone mentioning on another thread somewhere that you could actually add interest to some of these payments, is this true? If so which types of payments and how much does one suggest is a fair rate? Should I ask for the PPI and Late Payments/Over limit Charges in separate documents?

 

Next Since November CapOne have cut us from logging into the online account, this means we have had no access to our statements since Dec to Feb, so I have no idea what charges have been added or when or how much, im sure this is not right and though I mentioned this to them originally back at the end of November, I still have had no statements showing the current state of affairs, only the full amount they claim is owing...Any thoughts on this most welcome...

 

Next, dealing with CapQuest, whats the usual MO here, I heard someone saying i could ask them to prove they own the debt, and until that time I have no obligation to deal with them? Is this true? and If so what letters should I be sending to CapQuest?

 

Finally, for this post at least, I have been keeping a tally on the number of times CapOne have been calling us, it went to 5 times a day for a few days, then settled into 3 times a day for a good few weeks. Now in my initial letter I told them to corrospond only in letter or email form, I actually answered one of the calls on the mobile and asked the girl what she wanted and why she was calling when CapOne had been told they were not supposed to call to discuss the account...Also, they would call, but never leave a message, which of course upset my mum rather a lot...So now i figure i had best send a letter about this phone call business, but to who? and what do I put it in???

 

As always, I look forward to some input from the great peeps here and hopefully get myself pointing in the right direction again...

 

MrBrooks

Edited February 15, 2012 by mrbrooks