Interesting Start -Should be Fun!

[powerful_rogue]

After reading the forums and FAQ's for the past few days I have decided to take on Barclaysa + Captial One to begin with. I will start a topic regarding Barclays after a bit more has happened.

 

Well, its been about 3 years since my account with Capital One was active. Usual story, I missed a few payments, the charges kept occuring and it snowballed from there. The debt was then passed to a debt recovery company was was cleared around 2 years ago. Since then my Capital One account has been closed.

 

In those 2 years ive moved out from parents and now have my own place. So i thought the easiest step would be to contact Capital One to advise of my new addess.

 

The nightmare begins! I advise that i will shortly be sending a Data Protection Request off to claim my statements for the past 6 years, but would like to alter my address over first as i have moved.

 

Low and behold, they cant change your address over if the account is closed. I was advised to write in and they would be able do it.

 

I state that if I mention all this in the Data Protection Request and provide some ID, would that be suffice? The male stated that would be fine and gave me the address in Nottingham to send the letter off.

I was then advised I would need to send the cheque to a different address otherwise the process would take much longer. I told him that I would not be sending the letter and cheque to different address's but to the address he gave me.

 

I advised that Capital One will have 40 days from when they recieve the letter and cheque to disclose my statements - after a lot of um'ing and ahh'ing I was advised I needed to contact the following number: 1159938002

 

I confirmed the number 3 times and advised this was not a telephone number as it did not start with a zero. A 2 minute debate took place after which I was informed this was an international number! I informed the male I wanted a UK number and he then gave me 0800 952 5092 which is for the payment dept.

 

I asked why I needed to contact them and he said to advise a payment was being sent! I told the male I would send letter, ID and cheque to the address he gave me and take it from there. After all, Its them who have the 40 day deadline.

 

I thanked him and went on my way!

 

I believe this is going to be hardwork in getting my statements due to the address being different. I was told 2 original bank statements or utility will be suffice. Needless to say I will also be sending a copy of my driving licence along with this so they cant through any hurdles in the way!

 

Am quite nervous about taking on Capital One, as obiviously if the account was passed to a debt collection agency, manual intervention would have taken place at this point in which they could probably use this in court.

 

Well thats all - will update further within the next 40 days when I receive statements!

[dave]

Don't be nervous. The manual intervention would not be on each and every charge.

 

They haven't a leg to stand on.

[jonni2bad]

......if the account was passed to a debt collection agency, manual intervention would have taken place at this point in which they could probably use this in court....

 

I wouldn't worry too much on that front.

 

My Halifax overdraft has been passed on, I sent my PDA request to Halifax and asked for any evidence of M.I.

 

Since they have not supplied any, I feel it's acceptable to proceed on the basis they don't have proof.

 

Prelim letter sent today actually, claiming every last drop!

[Bovvered]

I'm not entirely sure, but I think the manual intervention is that used to actually implement the charges - not passing to a debt collector after the fact. The argument about manual intervention is whether or not at any time did they need to manually apply the charges...

[breadline]

The way i have taken this info on board is

 

The manuel intervention request is to advise that charges where applied by a persons working time, therefore costly.

 

So giving the bank more cause to charge high rates.

 

Passing to a debit collector may include a charge but are different to the ones you want highlighted at this time.

 

BL

[powerful_rogue]

My first reply back from Capital One! Nothing exciting though. Was just the photocopy of my driving licence, council tax and water bill being returned along with a complements slip!

 

Hopefully my statements should be following shortly!

[Rumblestrips]

I am very interested to know how you get on as I too am claiming for charges from Crap-ital One.

 

My account was also passed onto a debt collection team and I cleared it 3 years ago so wasn't really sure where I stood with this one as I no longer have an account with them, but you have given me the inspiration to go ahead and submit a claim anyway.

 

Thanks very much!

 

Keep us posted with any updates and best of luck!

[powerful_rogue]

I had a feeling capital one would be hard work from start! Reply Received

 

9th May

 

Dear Mr Rogue,

 

Unfortunately we are unable to help at this time because your letter wasnt signed.

 

Please send this through again, or if you have any quesries please call our specialist account managers on 0800 952 4914.

 

Yours Sincerly

 

Chris Williams

Account Manager

 

Now for a start I 100% know that I signed the letter, so this looks like a delay tactic that capital one are using.

 

The letter was dated the 9th May, because the sent it to my OLD address, even though in the original letter I wrote:

 

I have also since changed address, My new address is listed at the top of this letter. Please ensure that all correspondence from yourselves is sent to that address.

 

I am very tempted to report this to the information comminsioner, as this has got to be a breach of the data protection act. I know they have my new address because on the 15th May they returned my enclosed documents back!

 

Any thoughts?

[powerful_rogue]

Well ive just got off the phone to one of the specialist account managers who was very helpful. He could not explain why the letter was sent to the old address, but has confirmed my address on the system has now been changed.

 

He said that on the system is stated the letter had not been signed (rubbish) however he was going to put a request in and should get all my statements in about a weeks time.

 

Fingers crossed!

[jonni2bad]

If they use this excuse again, ask them to send it back so that you can check !!

[sproggi]

I wanted to make sure that they didn't try the 'no signature' delay on me, so I made a photo copy of my letter and then wrote 'cc:file' at the bottom of the original before sending it. Any secretary with half a brain knows that it means I have a copy!

I have only sent my DPA letter so far, but they acknowleged it without any problems and I fully intend doing the same on any future letters.

 

hth

 

Sproggi

[powerful_rogue]

Its now been 48 Days since capital one received my DPA request.

 

Where do I stand now? Do I lodge a complaint with the information commisioner or contact capital one?

 

The last contact I had was on the 30th May after a letter was received at me old address (despite giving them my new) stating that the letter wasnt signed. I contacted them and was advised I would have the statements within a week.

 

Any advice greatly apprecitaed.

[Michael Browne]

Have a look here

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6986

for letter templates for DPA non-compliance

[Don Quioxte]

the priority here is to ensure that you receive your statements as soon as possible.

 

to that end i would suggest you need to communicate by phone to Capital One and if necessary follow up with notification of your intent to immediately report to the information commissioner.

 

furthermore, you may wish to make a reasonable estimate of charges that you incurred during the life span of the card (within the previous six years) and include in your letter the fact that you will file a claim in the county court for the reasonable estimate plus compensation (as deemed fit by the County Court) in light of the DPA breach - you have not been supplied with the information required to make an accurate assessment of the charges imposed, therefore you are entitltled to commence action against Capital One for a "reasonable estimate".

 

I suggest you ring Capital One - demand to speak to someone in the UK (as the Indian Call Centre in Mumbai are worse than 118 118)). Once through, give the adviser a precis of the situation, and demand your statements. Calmly inform them of your intent to report to the Information Commisssioner and to file against them in the County Court for damages due to the breach of the DPA. Ensure that you remain calm and measured - the priority remember is to get your statments ASAP.

 

even go as far as to demand the information guaranteed by recorded delivery, courier etc within 48 hours of your phone call or you will take the above mentioned action.

 

This should, IMO, elicit the required response.

[powerful_rogue]

Well I just got off the phone to Capital One. Apparently when I sent the DPA request in, it was to the wrong department.

 

So they scanned the letter onto the system, and credited the cheque to my account. When I phoned up on the 30th May, they were only treating it as a request for statements and not a DPA request.

 

I was quite concerned as I was making payments to a collection agency a few years ago to clear my debt with capital one, but apparently im still £57 in arrears, as I had only paid a partial settlement.

 

I was told that the letter was scanned on the system and left as it was sent to the wrong department (apparently they dont forward letters onto correct departments) and they used to the cheque to clear the remaining balance!

 

I explained that the cheque was for the DPA request and this was clearly stated in the letter, but the excuse I was given is that as their department dosent deal with DPA requests, they just put it in the account.

 

Conversation finished in that they will forward all documents on to the correct department and make a note that a £10 cheque was sent, but I may need to pay the fee again as its already been cashed for something else! Will receive statements in 10-14 days.

 

Clearly this is a breach of the DPA, but my other concern is that I apparently still have £57 outstanding, even though I was under the impression that the debt had been cleared!

 

She told me that with a partial settlement they do not chase people for the remaining balance, but if it is paid, they will make a note of it on my credit record. I do not have any of the letters in relation to me clearing and making payment as this was over 2 years ago now.

 

Will the information commisioner accept this as a breach as the request was sent to the wrong dept?

[powerful_rogue]

Just to add, the address I sent the letter and cheque to was

 

Data Protection Dept

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

I have this address wrote on the recorded delivery slip.

 

Im still fuming about all this. I think im more annoyed about my account being £57 in arrears when I was under the impression the balance was zero and the account was closed!

[powerful_rogue]

Well I contacted the debt collection agency today who stated it was only a partial settlement, and the remaining amount left was £16.01. I wish i was told this at the time as I would have cleared it all!

 

Got back intouch with capital one who were having none of it. They still reckon im £67 in arrears. However they are going to contact the debt collection agency and get back in touch with me in three days.

 

Im more annoyed that on my credit record for the past 3 years its stated im £60 in arrears when it should only have been £16, and the fact that I wasnt told it was a parital settlement.

 

Anyway, will be chasing that up in three days and have decided to send the DPA non compliance letter giving them 7 days to give me my statements. Will post this in the morning.

[Movingon]

OK... I would advise, from this point on, that you completely forget about telephones. You don't know what telephones are, you never saw one before, and you have absolutely NO IDEA how to use one. If someone calls you from Capital One, you're sorry but you don't discuss financial dealings over the 'phone, please could they write you a letter. **CLICK** buuuurrrrrrrrrrrr

 

And then send the DPA compliance letter (not to the Data Protection Dept, but to the Data Protection Controller/Officer) giving them seven days MAX to comply. Explain that your cheque and signed letter were received by them on and that therefore their 40 days to comply expired on . Failure to comply within this further 7 days will result in a complaint to... blah blah blah.

 

You really REALLY have to take control of these guys.

[powerful_rogue]

Stonelaughter, many thanks for your reply. I will only make one more telephone call in three days to make sure they have correctly altered the remaining amount. After that I have never seen a telephone before!

 

I have altered the letter slightly and will be sending this in the morning.

 

Data Protection Controller/Officer

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Account: 5460 9753 0333 7583

 

Dear Sir/Madam

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated 21st April 2006. This request was received by yourself on the 24th April 2006 and the enclosed cheque for £10 was banked on the 28th April 2006.

As you are aware, by law you only have 40 days from receipt of the original request to comply. It has currently been 51 days.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

[powerful_rogue]

Decided to get a copy of my credit record online and noticied this against capital one.

 

Status - Settled

Date Updated - 15/01/2005

Default/Delinquent Balance - £481

 

Gave capital one a call (sorry stonelaughter!) and enquired into this. Was told that the default/delinquent balance should only have beeen £67 as this is what was left after the partial settlement.

 

Luckily I spoke to the same bloke thats dealing with my dispute in regards to this amount and he stated that if I am correct (find out in 2 days) then the amount shown on my credit record should only have been £16!

 

Was assured that in 2 days after the have the result back from the debt collection agency telling them that there is only £16 remaining to be paid (which I told them all along!) then when I pay this they will mark my credit record up as fully settled and with a balance of zero.

 

The more I get involved with capital one the more I realise how shoddy they are as a company. No wonder my credit rating is worse then I thought. Ive been trying to build it back up for the past 3 years and it dosent help with people like capital one having extremely incorrect information on there

 

Also dosent help when companies tell you "Pay as £105 and we will close the account and show it as settled", when all they really do is close it and still show you owe the remaining.

 

My advice would be get a copy of your credit record. Either get it online at www.equifax.co.uk or send a cheque for £2 to them and they will post it. Its amazing what you find!

[Movingon]

See if you can find grounds for having the default removed... have a look around the forum and see if any of the circumstances relating to removal of defaults apply to you.

[powerful_rogue]

Well is seems the DPA non compliance letter worked. Statements arrived on the doormat this morning.

 

Adding it all up, the charges come to £252.

 

My credit limit was £200.

 

I was upto £191 on my card and missed a payment. Due to this £36 was added on (late payment fee and over limit fee) which took my account over the credit limit. Since this happened, no other purchaces were made, and the remaining balance is made up purely of charges.

 

As mu credit limit was only £200 and I have incurred £252 worth of charges, am i in a position to ask for the default to be removed?

 

Many Thanks

[Movingon]

Yes, I would say so. Demand this in your Prelim and LBA letters; there is red text in it that you can leave in if you need it. If they ignore it, include it in your county court action. The fees are unlawful, they cannot default you on them.

[powerful_rogue]

Yes, I would say so. Demand this in your Prelim and LBA letters; there is red text in it that you can leave in if you need it. If they ignore it, include it in your county court action. The fees are unlawful, they cannot default you on them.

 

Thats cool, thansk for your help.

 

I will send the letter off today. If anyone else is in this position then it would be great to hear from you.

[jonni2bad]

How much was the default for, exactly?

 

And how much in charges had accumulated by the specific date of the default?

 

I have asked for default removal on my Halifax account, they have until 23rd June to file a defence. If you stick with the terminology of the templated letters, you should be fine.

 

Have you sent them a Section 10 letter?