SD from Lowells via Hampton Legal for CAP1 card debt - HELP!!

[bluekooga]

Hi all

just recieved this from USA and thought it may give everyone a laugh on here..............

 

 

Cancel your credit card before you die.

 

Be sure and cancel your credit cards before you die! This is so

priceless, and so easy to see happening , customer service being what

it is today.

 

A lady died this past January, and Citibank billed her for February and

March for their annual service charges on her credit card, and added

late fees and interest on the monthly charge. The balance had been

$0.00 when she died, but now somewhere around $60.00. A family member

placed a call to Citibank.

 

Here is the exchange :

 

Family Member: 'I am calling to tell you she died back in January.'

 

Citibank : 'The account was never closed and the late fees and charges

still apply.'

 

Family Member : 'Maybe you should turn it over to collections.'

 

Citibank : 'Since it is two months past due, it already has been.'

 

Family Member : 'So, what will they do when they find out she is dead?'

 

Citibank : 'Either report her account to frauds division or report her

to the credit bureau, maybe both!'

 

Family Member : 'Do you think God will be mad at her? '

 

Citibank: 'Excuse me?'

 

Family Member: 'Did you just get what I was telling you - the

part about her being dead?'

 

Citibank : 'Sir, you'll have to speak to my supervisor.'

 

Supervisor gets on the phone:

 

Family Member : 'I'm calling to tell you, she died back in January with

a $0 balance.'

 

Citibank : 'The account was never closed and late fees and charges

still apply.'

 

Family Member : 'You mean you want to collect from her estate?'

 

Citibank : (Stammer) 'Are you her lawyer?'

 

Family Member : 'No, I'm her great nephew.' (Lawyer info was given)

 

Citibank: 'Could you fax us a certificate of death?'

 

Family Member : 'Sure.' (Fax number was given)

 

After they get the fax :

 

Citibank : 'Our system just isn't setup for death. I don't know what

more I can do to help.'

 

Family Member : 'Well, if you figure it out, great! If not, you could

just keep billing her. She won't care.'

 

Citibank: 'Well, the late fees and charges will still apply.'

 

(What is wrong with these people?!?)

 

Family Member : 'Would you like her new billing address?'

 

Citibank : 'That might help....'

 

Family Member : ' Odessa Memorial Cemetery , Highway 129, Plot Number

69.'

 

Citibank : 'Sir, that's a cemetery!'

 

Family Member : 'And what do you do with dead people on your planet???'

 

(Priceless!!)

 

And you wondered why Citibank needed help

[42man]

[unclebulgaria67]

Should have given them Gods address. Somewhere in the US mid west.

[bluekooga]

Hi CAG

Just recieved reply to my SAR from capone.Cannot review my request as my signature does not match their records.I DID NOT SIGN IT YOU MORON!!!!

They want me to send a copy of d/licence or passport, and say the 40 day time limit does not start to run "UNTIL WE RECIEVE THE CORRECT DOCUMENTATION". All this does is make me want to be as irritating and irksome as they are,but I dont want to sink to the level of these **** sucking pond lifes, so advice would be appreciated,as usual!

Also got a court date for 26/10/12,any advice on what papers I need to prepare?

Thanks in anticipation....

[AndyOrch]

Delaying tactic why they try to rustle some data from anywhere, respond and state that the date still runs from your initial request and you now have xx days left to comply.

 

Regards

 

Andy

[bluekooga]

hi Andy

the 40 days ran out on 7th August........

Have sent a recorded delivery letter asking for the requested information immediately....I wont hold my breath!!!

Edited August 10, 2012 by bluekooga

[citizenB]

You should have advised that you would bring their reluctance to supply information to the Court..

[bluekooga]

Hi citizenB

Would it be too late to mention it in court? Was hoping to mention a few things when in court,or does it not work that way?

[citizenB]

Hi citizenB

Would it be too late to mention it in court? Was hoping to mention a few things when in court,or does it not work that way?

 

I dont see any reason why you cant mention that you have been disadvantaged by their prevarication in supplying information.

[bluekooga]

Hi 42man

 

Today received reply to my second subject access request under data protection act 1998........"as we have previously advised you,we are unable to review your request as the signature you provided us with did not match our records.Under DPA 1998 sect 7 subsection 3a we are obliged to verify the identity of each requestor.I apologise if this is causing you any inconvenience.

As you will appreciate,we owe our customers duty of confidentiality and therefore we are unable to disclose personal information unless we can confirm receipt of an appropriate form of authority.We feel this is a reasonable request and that it is a necessary,basic requirement in order to avoid a breach of regulatory and data protection duties owed to our customers.

In order foor us to provide you with the requested information,please write to me again together with a copy of your signature or a copy of documentsshowing your current signature(this could be a driving licence or passport) at this address

xxxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxx

xxxxx

NG2 3HX

We acknowledge receipt of a £10 fee required by the DPA1998

Please note that the 40 day time limitto provide you with the SAR does not start to run until we receive the correct documentation

 

Liam Quegan

Head of Executive response Centre

 

 

This all seems like infantile tit for tat,is there any thing that can be done to get them to release the information as originally requested,or do I have to jump through their hoops?

[42man]

Amazing.....they are quite happy to have an account with you and send all statements to your address, and yet they require all this.

[42man]

I think you should drop them a line (recorded) explain that they have always sent their statements / letters to your address for X years. they can ask you for your signature but I would put lines through it. Enclose a copy of your passport or driving licence.

[citizenB]

You could point out at the same time that it is an offence to copy a driving licence or Passport in this country !! Although I would assume it is the same in the USA !

[citizenB]

From the ICO's web page (for businesses)

 

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx

 

Can I ask for more information before responding to a subject access request?

The Act allows you to confirm two things before you are obliged to respond to a request.

First, you can ask for enough information to judge whether the person making the request is the individual to whom the personal data relates. This is to avoid personal data about one individual being sent to another, accidentally or as a result of deception.

The key point is that you must be reasonable about what you ask for. You should not request lots more information if the identity of the person making the request is obvious to you. This is particularly the case, for example, when you have an ongoing relationship with the individual.

 

[bluekooga]

Thanks again 42man and Citizen b

[bluekooga]

Hi CAG, just got sar reply after two x of asking. 3months!!! Agreement taken out in 2004 with Capone,stating I was self employed,but does the fact it was taken out prior to 2005 FSA rules mean I cannot claim?

Thanks in advance for any advice

[unclebulgaria67]

Hi CAG, just got sar reply after two x of asking. 3months!!! Agreement taken out in 2004 with Capone,stating I was self employed,but does the fact it was taken out prior to 2005 FSA rules mean I cannot claim?

Thanks in advance for any advice

 

PPI claim back ? Yes I cannot see any reason why not. Remember that some threads are several pages long, so be specific about what you are looking at. PPI, Charges.

 

What is the score with debt collection on this one ?

 

http://www.fsa.gov.uk/consumerinformation/product_news/insurance/payment_protection_insurance_/claim-back-ppi

[bluekooga]

Uncle bulgaria

Statutory demand for bankruptcy issued by Howells/capone etc, have applied to have this set aside but have been requesting information from them for the last 3 months and,surprisingly they have been nothing but obstructive.Small piece of info recieved on Sat after 3 months, but dont help me much as I am in court for the hearing tomorrow

[bluekooga]

Hi CAG

Anyone have any advice reference how to behave at my court hearing to have the Stat demand set aside tomorrow? Or anybody already experienced this and has any words of warning? Would be much appreciated.....

[Guest]

should be in a room (chambers) with you and them across a table. judge in the middle. present your reasons for set aside with any evidence, as per your form/statement etc. they'll try to object and question, you can then rebut anything they say. mention any of their failures to comply with rules etc. judge will do his/her bit, prompt/question etc. remind that needed sar incomplete. cca request outstanding? at beginning, remind judge you are litigant in person. take a copy of particular docs. if set aside, ask for your costs as LinP (could prepare a costs schedule prior). they may approach you at court prior to hearing to try to settle/negotiate. haven't read thread, so excuse if anything wide.

counterclaim/set off re ppi etc? mention that

some info 'Where the debtor (a) claims to have a counterclaim, set-off or cross demand (whether or not he could have raised it in the action in which the judgment or order was obtained) which equals or exceeds the amount of the debt or debts specified in the statutory demand or (b) disputes the debt (not being a debt subject to a judgment, order, liability order, costs certificate or tax assessment) the court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.' Insolvency Pract Direction 13.4.4

some further info also http://www.bis.gov.uk/insolvency/Publications

Edited October 16, 2012 by Ford

[up2meears]

Good luck for tomorrow Bluekooga

 

(Sorry can't offer more than that)

 

Up2

[bluekooga]

Thanks a lot for your input Ford.......

[bluekooga]

Appreciated Up2 me ears.....

[bluekooga]

Appreciated Up2 me ears.....

[Guest]

ps, just noticed is this re a judgment debt? in which case, would need to rely on a) above rather than b) which would be n/a as there is a judgment?

 

if so, have you applied to get the judgment setaside?