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Capital One/Capquest/Lowell


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Can I pose a question please? When being requested by a bank or DCA for an Income and Expediture form am I obliged to include the Income of my partner (not wife) even if the alleged debts were created prior to my meeting and subsequently living with this partner. Many thanks for any replies.

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no and you dont really have to submit am i&e to a dca

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No, their income etc has nothing to do with them.

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Hi Will

 

The only people who are entitled to this information is a Court.

 

Only pass YOUR information on if YOU really want to. (never your partners)

 

Jogs

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Can I pose a question please? When being requested by a bank or DCA for an Income and Expediture form am I obliged to include the Income of my partner (not wife) even if the alleged debts were created prior to my meeting and subsequently living with this partner. Many thanks for any replies.

 

If it is a financial hardship bank charges claim then the answer is yes. If not then see others answers.

 

EDIT: to clarify, that I&E form is sent to the bank and NOT any DCA as they are not involved in a FH case.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thank you all so much. Now the dilemma, I have an arrangement with Capital One, they have todate been very reasonable and I have been paying an agreed sum each month, they have now requested an I & E form and like a clot I sent one in with my partners salary on as well. The point being our cost of living expenses and bills etc are shared so I thought it right. Now I'm not so sure given the answers above. Any other views please and can I rescind my statement.

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Well yet another one of the diminishing few has now decided to start on me. 18 months ago with the help of the C.A.B. they agreed to let me pay a fixed sum each month and I have honoured that to the day and to the penny. Due to my moving recently I wrote and told them of my new address and seemed to have opened a can of worms. This has led to a deluge of letters from two of their employees (?) of Capital One. Some follow each other on seperate days and recently two are coming together in seperate envelopes. The catalogue is as follows;

08.05.2009 Reminder letter of my plan from Graham Robinson Dir of Recoveries

08.06.2009 Another reminder letter offering to hel if I call. (I did not)

16.06.2009 Wrote a letter in response giving new address

19.06.2009 Letter from Graham Robinson requesting an I & E form

19.06.2009 Letter from Verity Billson Senior Manager requesting letter from doctor, Hospital Consultant, Any sick notes, Proof of DLA/Incapacity

19.06.2009 Letter from Verity Billson acknowledging new address

17.07.2009 Letter from Graham Robinson requesting letter from Doctor, Letter from Hospital Consultant, plus current sick note.

17.07.2009 Letter from Graham Robinson saying I had not sent required documents

20.07.2009 Sent the I & E form and copies of my doctors letter to hospital and letters from hospital outlining the procedures I was to undergo.

26.07.2009 Letter from Graham Robinson trying to get me to agree to a short term plan and what that involves and a long term plan and what that involves. Complete with glossy brochure called Taking Control of your Financial Health.

27.07.2009 Letter from Verity Billson asking for photocopies of benefits, wage slips and bank statements

28.07.2009 Letter from Verity Billson with new I & E form and glossy brochure. Again requesting photocopies of benefits, wage slips and bank statements.

From what I've seen on here and also with the letters I've sent to the other DCA's equally they seem to be pushing their luck or am I being difficult?

Any advise or thoughts please people?

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You need to get the CAB involved again, Capital One are a pain in the rear end, I'm dealing with them over an alleged debt which went to court in 2006 (yes 2006) and they lost and they are still insisting I owe them the money.

 

The lovely Hayley Felton (NOT) is who you need to speak to now, she doesn't work Thursdays and Fridays. I suggest you fax her and ask her why so many people do not accept you have limited means - the answers she has defy logic! I can PM you her latest contact details if needed.

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DO NOIT SEND ANY MORE INFO TO THEM - they are not entitled to it and should not be asking for it - they are not a benefits office and have no legal right to the information.

 

I would also try and get your local MP involved - they could certainly be prompted towards this website.

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Hand over all that contact info to CAB and request/or you file a complaint to Trading Standards, ICO, FOS, everybody :twisted:

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Have you ever sent a CCA Request to Crap 1?

 

When was the account taken out?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Harrassed Senior, no I have not requested a CCA because I have been paying the agreed amount and I think the card was started in 2002. Thanks for the other comments guys.

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It may be a good move to go down the CCA Request route as this account is relatively 'old'. If they cannot (almost certainly cannot) provide a signed Credit Agreement, then you are under no obligation to make any further payments.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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haviastella the balance is £5405.30 and I'm currently paying £26.95 per month. I have not been notified of any charges in fact I'm sure the original agreement made with the CAB was to stop interest and it appears they have held to that.

harrassed senior I was under the impression I could not ask for the CCA because by paying I was acknowledging the debt?

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This is getting really silly now. I have just got home and there is another letter waiting for me from Capital One, this time from a Michael Woodburn, Vice President of Collections telling me of a "Notice of Sums in Arrears". This now makes 7 letter for July in a space of 10 days and 12 letters for June and July.

I'm feeling angry, frustrated, worried and ill.

As you can see above I have tried so hard to meet everything they have asked of me recently, sent copies of all the relevant documents they have asked for except my wage slips and bank statements. Surely there must be some protocol they should abide to.

Tomorrow I will write and request the CCA with a £1 PO but I'm already sure there will be yet another letter tomorrow. They are not even giving me time to get my thoughts together.

Perhaps if I had not been so honest this would not have exploded as it has.

Edited by lowwill
spelling & punctuation
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Glad to see that you are sending the CCA. If any payment is due in the next 14 days I would send it, but once they are 12 + 2 days into the CCA request without producing a valid Agreement then the account is 'in dispute' and they cannot take any further action (including letter writing or telephone calls) until and if they produce a valid CCA. Most people on here are still waiting for a valid CCA from Crap one.

 

That is not to say they will not send you something and state it is the legally required documentation, but if and when that arrives, remove any identifying information and post up here and we will be along to help you further.

  • Haha 1

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I know its already been said but DO NOT send them personal sensative details, they have NO legal right asking for it.

 

They tried this with me, even demanding my last two years Tax Statements because I was self employed - CAB & National Debt Line have confirmed to me that C1 have no right asking for these docs. TS suggested sending docs. to assist C1 - BUT who has faith in TS, I certainly DONT!

 

Again as already mentioned getting your cca is the best move, mine carries my signature (as others do on CAG) but I am told that its unenforceable so I've locked horns with C1 for almost a year now.

 

C1 to Debitas to C1 to Debitas to C1 to Capquest to C1 now received a letter stating its going back to Capquest as they see no dispute as the agreement complies with 'current' legislation what the've forgotten is that the 'agreement' doesnt fall within 'current' legislation.

 

Beachy

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I can understand the frustration, Cap1 are still chasing me after having been to court and lost - the latest was a conversation with Hayley Felton who said 'Cap1 didn't want to take me to court which was why the discontinued." whil was a lie, I turned up at court on the day to challenge them and they didn't show, guess what would have happened had I not show up - yep, good old judgment by default...

 

However further claims in with the OFT (Trading Standards didn't want to know). FOS claim also in the pipeline (for what that is worth), This has now been going on for four years so it will be statute barred soon!

Edited by sillygirl1
missed bit of text...
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  • 3 weeks later...

Well exactly to the prescribed time scale a letter in response to my request for the CCA. It is not I'm sure the document I should receive (please see below). Please can I have some more help and advise. I feel sure that the paragraph about removing certain details cannot be right but I honestly do not know.

CapitalOne1st058.jpg?t=1250616990

2nd page

CapitalOne3rd057.jpg?t=1250617166

 

Accompanying letter;

CapitalOne2nd056.jpg?t=1250617233

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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