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Capital one - going round in circles


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Hi all,

 

To cut a long story short I have fell into debt arrears (see my other posts) since I lost hours at work and am negotiating with 3 creditors to lower my payments to what I can afford.

 

Argos are on board for six months at a £5 per month (though this is almost up and I am wondering what to do hen it goes back up again as my position is long term).

 

K&co are in another thread, this one is about capital one.

 

I originally wrote to cap one detailing my predicament and offereing them a reduced payment - they replied with 2 letter - one asking for all my financial statements and payslips etc and another asking if I wanted the long or short term help plan (I wrote back saying I wanted the long term one as my circumstances are not going to change anytime soon) - all was hunky dory or so I though but............ allegedly cap 1 have not agreed to reduced payments even though they sent me a letter months back to ask if I needed a long or short term plan - out of the blue I got a letter from them saying I was in arrears and interest was being added etc - so I sent them a new letter stating that it had already been sorted out and can they check their records - now I get another one back asking for all my financial records/bank statements/payslips etc (again) before they can help me out?? Now I know I do not have to give them this info - I feel like I am going round in circles with them - should I just tell them to CCJ me as I am sick of this one!

 

Thanks in advance

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Sadly, Capone are not one of the easiest companies to deal with.

 

You are not obliged to send them any of the personal information they have requested and indeed you are probably best advised not to.

 

IMHO, you have two choices.

 

Either simply stop paying and see what they do. or

 

Send them a letter along the lines of.

 

"I am rather disappointed that you have refused to offer any assistance in respect of the financial dilemma I find myself.

 

Other creditors have been good enough to freeze interest and accept reduced payments based on my Income and Expenditure forms.

 

I see little point in paying token payments to Capital One, without some form of agreed repayment plan in place, especially if the interest is going to continue to be added therefore increasing rather than reducing any liability.

 

I therefore invite you take court action where a court is likely to order payments based on my ability to pay."

 

In respect of Argos.. dont wait for them to contact you.. get in first with an updated copy of your budget sheet and a covering letter confirming that your circumstances remain unchanged and please would they continue to accept the token payment until such times as your circumstances improve.

 

It is likely they will simply request an updated budget sheet every 6 months :)

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

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4: Staying Calm About Debt  Read Here

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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

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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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  • 1 month later...

Got a reply from cap one at last after my 'take me to court' letter - they have Terminated my account and they now have the right to demand payment in full etc and to charge reasonable costs in recovering the money owed.

 

Oh, they will also place my account with a debt collection agency or door to door collectors.

 

This really annoyed me as I have made them an offer multiple times and they just ignored me!

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Cap one are a law onto them selvs.

 

My OH had a CC with them 4 years ago. Limit and balance was £200. So, along with a load of other debts they went to the CAB who set up a payment plan where C1 recieved £1.00 per month.

 

The balance as of December 2011 is £302. Yes, thats right, £302! So it seems silly that C1 accepted the token payments of £1.00 to help my OH out, but they still add interest and other ****e lol.

 

So we are now refusing to pay them. And as such the account has been passed to CrapQuest, who are just as unhelpful.

 

CrapQuest have now said they may do a door step visit. So I have removed their right to do so :)

 

And we haven't heard off them since...

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get reclaiming all the unlawful £12 fees

 

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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This is the template letter Pete:

 

Dear Sir/Madam,

 

Account Ref: 1234567890

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

 

Hope that helps.

 

H. x

 

 

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They know darn full well they arent permitted to "visit" you without making an appointment and simply have no rights if they do! Therefore the letter can only be classed as harassment!

 

Erm, on what exactly are Capone going to "add reasonable costs" if they have terminated the account ?

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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Hi

If anyone actually turns up at your door, hand them a copy of the doorstep letter, point down to your doorstep, say 'help yourself'' then politely slam the door :-)

 

I would be sending a formal complaint. You have bent over backwards to give them what they asked for then they go and kick you in the teeth. All the £12 charges can be reclaimed and as for the administration fee-hmmm! If they were to charge an arbitrary figure rather than the actual costs involved with any work in selling the debt to an outside DCA (although I cannot see where they could add

charges as an outside DCA pays cap1 for the debt)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hmm, just got a letter from FTC saying they have been appointed managing agents.

They advise me to bring my account up to date as soon as possible

- I need to contact them to discuss a 'suitable solution plan' etc!

 

' This is my opportunity to deal with this matter now as after A CERTAIN DATE our client may engage the services of a 'doorstep pest agency'.'

 

Cheeky sods - I gave cap1 all chances to help me, they did not and now I get this.

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you mean FPC freddies DCA

 

pers i'd get reclaiming as advised

 

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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Just make payments you can reasonably afford, even if it's only £1 per month. This shows that you are not trying to avoid your debts.

 

These type of creditors are the bottom of the food-chain in the grand scheme of things and even if they were to escalate their claim via a court they wouldn't be awarded more than you can reasonably afford to pay.

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fill this out

 

first lets see

 

put the oc latest int rate in cell D15

 

the fill out the 3 cols for EACH FEE

 

the sheet will do the rest

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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Recorded delivery is the better way IMO as you get a delivery receipt. You can't guarantee thet your email will be delivered or even read. Real paper does have the intended result

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 3 weeks later...

At last something new to report - this morning I got a letter from the DCA (FTC) after I sent them 'a do no even think of doorstepping me' letter.

 

What did I get back off them in response you ask with baited breath...well, I got an income and expenditure sheet.....and wait for it....an extra £200+ added on since it was passed to them by cap 1!!!! What are these charges? I do not know, but I do know they will get none of it!

 

I am still waiting for the charges to be removed by cap 1 (not had reply from them yet)

 

Seeing as the account is in dispute now (due to these charges and the illegal cap1 charges) what is my next move - do I just tell FTC the account is in dispute and keep paying the token to cap 1 while waiting for them to remove the illegal charges?

 

Thanks all

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I would think so, stick with your original plan and hopefully they will just get fed up and go away :)

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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  • 2 weeks later...

Ok, latest reply from cap1 - they thank me for my letter dated XXXX (which is nice) - and say they were unable to accept my payment plan as I had never sent them all my bank statements etc to be able for them to do so! I had repeatedly told them I did not need to send them this - I have sent them 3 I&E sheets though which tey just ignored!

 

No mention of the charges back either.

 

So, what do I do - do I just ignore them now, keep paying the token and tell all DCA's that the account is in dispute until they remove all the charges (and extra charges the DCA's add on)?

 

Thanks all

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dca's cant add charges!

 

just pay a token and ignore everyone.

 

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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