Let's Make Cap1 Uncomfortable

[lynne43]

Hi blackrain i'm up for that will be keeping an eye in here incase it gets started, go for it

[Smoothy]

Well.....

I sent Crapital 1 a CCA request at the end of November...

They commited an offence on January the 12th as I still hadnt received the agreement. Yesterday, stone me ....posty pops a plain white envelope through my door and guess what.....??

 

It was a photocopy of a short application form!!! Signed by me!!

 

Odd though....no terms and conds, no statement...hmmm....sorry I dont think this constitude compliance with my request.....

Theyve had their slap, now its my turn!

Im ready when you are!!!

 

Smoothy

[blackrain]

Well it's good to see loads of people are still peeved. If anyone reading this thread could point us towards which authority to complain to then I will start to put a letter together.

[Smoothy]

Well it's good to see loads of people are still peeved. If anyone reading this thread could point us towards which authority to complain to then I will start to put a letter together.

 

 

If you want a bulk complaint about Crapital 1...why not our complaints procedure and how to complain and use their complaint form all with same grievances?.

Theyll have to take it seriously.

 

Smoothy

[blackrain]

Good idea but there is also Trading Standards, OFT and Banking Code. Maybe get everyone to send a complaint to each organisation on the same day.

[Smoothy]

Good idea but there is also Trading Standards, OFT and Banking Code. Maybe get everyone to send a complaint to each organisation on the same day.

 

 

Sounds good...

So the content of the complaint...im guessing that " because theyre a bunch of moneygrabbing timewasters who answer to no-on but themselves" wouldnt be adequate as a complaint?!

 

Hmmmmm You start the ball then BR!

 

Smoothy

[sharmal]

You cancount me in on this as well. I closed my account with Cap 1 in 2002 due to the fact they could not even produce a dd form so that I could pay them. Ended up phoning every week and making payment over the phone. Still managed to accrue £400 in charges. They were phoning for my son up until a week ago 3 or 4 times a day, told them to stop phoneing had row with husband because got to the stage I refused to answer the phone.

 

So ye count me in please

[blackrain]

Actually you were right. FOS would be best plus I think the Banking Code.

 

OFT doesn't deal with individual complaints Trading Standards wouldn't work as we would have to complain to OUR local TS so therfore it wouldn't look like a mass complaint.

 

Will need one letter to both. I don't see that it would hurt to point out which bits of the banking code they broke to the FOS and it wouldn't hurt to point out other things that relate more to the FOS to the Banking Code Board regardless of whether these 2 organisations could do much about them. It will only show Cap 1 in a worse light.

 

Obviously your link sends you to a form so everyone would have to fill that in but Banking Code would need a letter.

 

I will personally be complaining about:

1.Defaulted while in dispute

2.Not receiving replies to all complaints (section 15.3 of Banking Code)

3.Details passed to DCA/CRA while in dispute (13.6)

4.Not using reputable DCA (Debitas,CapQuest,HL Legal) Banking Code s15.3

5.Sending me letters claiming I had agreed to pay xx amount on xx date when I hadn't (and that was Cap1 not the DCA!)

6.Not removing phone numbers after 1 verbal and 2 written requests

7.Continuing to phone after I asked them to put everything in writing

 

Other people may have other things to complain about. I'm going to suggest a draft for a letter and then a date for posting the FOS and Banking Code complaints off. Wed 24th Jan sound ok? I don't it to go off boil but I also want as many people to see this and put a note in their diary to get their paperwork together and make copies for evidence where needed and get their letters written. I'm also aware some people don't have internet access daily.

 

Will put another thread in the Debt forum and point people to this one. And if everyone can nudge other users they know are unhappy then we can get a lot of people together.

[Smoothy]

Works for me. My complaint includes, but not limited to,

1) Loss of information

2) Poor response to customer complaints

3) Constant harrasment by telphone despite my complaint to management

4)Defaulted without notice.

Ill have to look up the relevant acts...or if someone can save me the time!

 

Perhaps if we all list complaints and then apply the relevant acts, we can use that info to form the basis of each complaint. Not that im suggesting for one minute that you complain about something that hasnt happened to you, just we may have experienced an act commited by Crapital 1 without knowing they had commited an offence!

 

Smoothy

[elizabeth1]

Count me in too please!!!

[blackrain]

I'm guessing all we need is something like this for the Banking Code?

 

Dear Sir/Madam

I am writing to make a complaint about Capital One Bank (Europe) Ltd.

I held Credit Card no: xxxxxxxxxx with Capital One from XX date to XX date at which point the account was defaulted and the agreement terminated.

Capital One have failed to follow procedures and guidelines set out by the Banking Code and the OFT.

Namely that they;

1) Defaulted my account without supplying a proper Notice of Default with the prescribed terms.

2) Passed on the debt to Debitas, CapQuest and HL Legal while the balance of the account was in dispute (Section 13.6 of the Banking Code) and also subject to a County Court Claim from myself.

3) Section 14.6 of the Banking Code states that external agencies must be reputable. Both Debitas and CapQuest threatened to take legal action they were unable to. CapQuest processed my data without my written permission and passed details on to H L Legal who according to Companies House are in liquidation and used tactics such as adding court charges to the debt owing and imitating County Court Claim numbers. As the debt was not sold on by Capital One they are of course responsible for these companies’ actions.

4) Complaints made to Capital One were not always replied to. (Section 15.3 Banking Code).

5) Capital One did not remove phone numbers from my records even though I requested once verbally and twice in writing.

6) Capital One continued to telephone me at work despite my requests to do so under the Wireless Telegraphy Act.

7) Various other poor practices including: A) failing to notify their Debt Collection Agencies they had settled out of court and reduced the balance owing 25 days (and still counting) after settling. B) Sending me a letter thanking me for promising to pay a specified amount on a specified date which I had never made. C) Denying the account was in dispute.

 

Maybe something additional about including relevant evidence where applicable?

[lynne43]

looks good to me tho some of it wouldn't apply to me i suppose i could delete these bits but yeah lets go for it

[nwhessian]

My preliminary letter goes out tomorrow, so if this thread is still current when my proceedings begin you can count me in.

My card has nothing on it, and i havent used it for about 6 months but im owed around £800

The worst thing is all these fees were accrued on a card that had a poxy limit of £200?

[Smoothy]

Looks good to me BR! Some of those i coud definately use.

I'll be doing some more research tomorrow so ill post mine then.

But the ball is rolling.....like a snowball gathering momentum as it ploughs its way toward Crapital One!!

 

 

Smoothy

[elizabeth1]

Smoothy - They'd better believe it!!!!

[Smoothy]

Okay..heres my list.

Not very expansive, but a complaint is a complaint!

 

My complaints include but are not limited to:

• Failure to comply with CCA 1974 amended. In particular, a correctly formatted s77-s79 request.
  
• Registering a default with Credit Reference Agency without issuing a Notice of Default to me.
  
• Complaints made to Capital One were not always replied to. (Section 15.3 Banking Code).
  
• Capital One continued calling telephone numbers, despite requests to the contrary, that were not mine and were only given as a point of contact for that period and not ad infinitum.
  
• Constantly lost vital documentation sent to them. Namely claims under PPI and medical evidence supporting the claim. Resulting in delay of claim and numerous applications for claim forms.
  
• Computer information continually changed depending on person spoken to resulting in lengthy telephone conversations at the customer’s expense.

Their advert that shows other credit cards as a woodpecker......summit about pot and kettle springs to mind!!

Smoothy

[blackrain]

Just a bump to keep it floating.

[lenny100]

i da ie tion in as ey are phoneing me a lest twice a day depited requesting seval times they dont call me agin both verbaly and written.

[Guest Battleaxe]

I have just prepared the Section 85 Default Notices CCA for Capital One. They were all concilitaory with me two weeks ago and then I get another letter reveresing everything discussed, so I am adding more fuel to the flames and if they don't comply, it will be another complaint to the OFT, but this time it will in default to the Section 85. The best bit they have broken the rules big time with this one...

 

jdene well done and I am sure the portfolio on Capital One is growing

 

It's getting to be the bitten are biting back now.

[Smoothy]

Just going through the complaint form...say when your ready and I'll get it posted!

I agree with Battleaxe, It may be more effective if its a class action. Is it a possibility?!

[Guest Battleaxe]

I was thinking of making it an en masse mailing with something in the reference line to make them aware that this action is done by a group with individual examples of how Cap One have treated us. The idea of ivolving the OFT en masse might just make them sit up. POicture 100 or so letters all with the same reference hitting the complaints desk within a certain time span complaining about the same bank.

 

This is why I called it a class action.

[poza78]

Hi,

 

Just a quick question for all you guys, I was with capital one from 1998 - 2003 and god only knowshow much I paid in charges while I was at university and afterwards trying to get my finances on track, I did dispose of all my statements and basically all evidence I had of dealing with these thieves along with my RBS account. Am I able to claim any charges back as I remember for about a year I was paying £70 a month in over limit and late poayment fees?

[nwhessian]

poza, from what i know you can claim any fees that were charged for going over limit or unpaid direct debits etc up to 6 years ago.

Have a look thru all the faq sections and do some searches. There is tonnes of info on this site, so much that you really need to have a good look about and a lot of reading too. Im sure all of your questions will be answered. You can send a letter to capital one asking for your statements, they may try and charge you but a lot of people have skipped the charge by calling and kicking up a fuss.

[elizabeth1]

Posa,

I have seen some people talking of going back further than 6 years with their claims (but I can't remember where I saw that - you could try doing a search to try look for threads of this nature - or you could start your own thread under Cap1 and RBOS asking this question - hopefully people in the relevant sections may know more on this and help you etc..

 

Goodluck

[poza78]

Thanks you both, I did browse one of us whose charges went back 13 years and he's claiming all of them back so I'm going that way too if I can, I only got my card in 1998 so I dont think I had any charges until 1999-2000 anyway.