Help please with Capital One

[athenajm]

Hi I've got a Capone credit card on which I owe just over £1000. Due to various reasons such as losing my job, I have been unable to make the payments over the last few months.

 

They have been calling me 3+ times a day (originally it was about 7). I wrote to them, stupidly before reading advice on here, offering £30/mth. They wrote back saying I need to speak to them on the phone. I wrote again, explaining that I don't want to deal with them by phone and please would they keep all correspondence in writing. The phone calls continued, 3 this Sunday gone, and they call up until 9pm.

 

I sent them another letter making the offer (using the template on here) and after a few days I sent them the telephone harrasment letter.

 

I have had 2 replies from them since, one stating that they need to speak to me regarding my payment plan, and one enclosing payment slips but mentioning nothing about the payment offer that I made, or about freezing the interest.

 

What can I do now? I want the phone calls to stop as I won't answer and it's stressing me each time they call as I'm worried that they won't accept the payment plan until I answer the phone.

 

Please help.

[BRIGADIER2JCS]

This time write to their compliance manager as a Formal

complaint, state that your request to deal only in writting

has been ignored and you now consider the telphone calls

to be harassment, and you are reporting this to the OFT.

Also add that they have failed to address the other points

you have raised.

[athenajm]

How do I report them to OFT, I looked on the website but can't see the relevant section

 

Thanks for your help, I'll try to get that letter done today.

[BRIGADIER2JCS]

You can download the form for a complaint from

the website(contact details)

[dx100uk]

why are you offering them a payment plan

 

its YOUR MONEY

 

you TELL THEM - END OFF.

 

then begin doing it by your internet banking site

 

and get reclaiming too

 

i bet 50% of that balance is penalty charges and/or PPI

 

dx

[athenajm]

So to reclaim the charges, can I send the hardship/financial difficulty one first or do I need to send the credit card letter template first? And is a schedule of charges just a list of when the charges were applied and how much each one was for? Are they allowed to refund it as money off my debt or do they have to give it back by cheque/BACS?

Sorry for all the questions, I'm just feeling a bit overwhelmed by all of this, I've tried reading the guides but I just get confused by all the different actions.

[dx100uk]

if you've got all the statements then fill in the CI spreadsheet at the end of the charges reclaim link below

and with a letter of complaint

post off to the oc

 

the reclaim will come off the card bal unless itd terminated already or sold to a dca

 

your cra file will tell you who owns the debt

 

dx

 

dx

[athenajm]

the phone calls are still continuing, and now they're also texting me.

 

In the last 3 days they've called me well over 15 times and texted several times as well.

 

I've written to the complaince manager enclosing previous letters and also asking him/her to address the issues and to cease the phone calls.

Nothing.

 

I've now reported them to OFT but don't know what to do next.

 

To be honest, I dread my phone ringing now, it's making me feel physically ill.

 

I owe £1200, not the greatest sum in the world! (and about £150 of that is charges which I've done the reclaim thingy to get back).

Please someone help and give me advice about what to do now!

[BRIGADIER2JCS]

Report to Trading Standards via consumer direct.

And send the following to Crap1

Dear Sir or Madam;

I refer you to recent correspondence regarding XXXXXXXXX

and my request that your company cease all contact by telephone

and any other electronic means of communication.

I should point out to you the OFT Guidance On Debt Collection

October 2011 Section 3 Unfair or Improper Business Practices,

Sub Sect 3.1 Includes Physical/ Psychological Harassment your

business practices clear breach this because of the unreasonable

timing and frequency of phone call.

Section 3.3 (j) Contacting a debtor at unreasonable times.

3.3 (k). Ignoring or disregarding a debtors reasonable

requests in respect of when, where or how to contact them.

Sections 3.6/7 (a) also applies to your companies conduct.

I consider therefore that your company is harassing me and

now demand that all and any contact only by Royal Mail and

that under no circumstances will ''home visits '' be allowed.

I expect to receive your acknoledgment that you will comply

with these requirements with in 7 calendar days.

Failure to do so will be reported to The OFT and your local

Trading Standards Department, action for the harassment

will be taken should you fail to comply.

Send to the Compliance Director at their Registered Office. recorded

delivery.

[BRIGADIER2JCS]

Also keep a strict log of all calls check if they are

using various numbers or are with holding numbers.

[athenajm]

Thanks - fingers crossed that this time they'll actually listen!!

[BRIGADIER2JCS]

Thanks - fingers crossed that this time they'll actually listen!!

Copy with a covering letter to OFT will be good.